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Hearing video

ZBA Hearing - November 16, 2022

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

no change to the commercial mixed use zoning at this location there is no unique physical condition

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of this 1315 15 square foot lot that would prevent it from being used in conformance with the zoning

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code granting relief from the required ground floor commercial use would conflict with the

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comprehensive plan and would conflict with the spirit and intent of the zoning code and so so

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the city planning commission recommends the board deny the use of dimensional variances

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um alan you want to respond uh well so this is a mint block property uh and you know if this was

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a corner property i would think that would be a better argument uh but this board has recently

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granted similar zoning variance requests mid-block, on this block, including across the

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streets. So in order to help support the commercial border, and Mr. Otis Evans, also a realtor,

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there's no way to support a commercial border with no density. So this density will help

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support a commercial border. All right. All right. Thank you. MI 2022-003-936-2325

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germantown avenue i vote yes carol tenary my vote is yes thomas holloman my vote is yes

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james snell my vote is yes yes my vote is yes number six is mi2022-003-863-1128 mount

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vernon street mr noklinson for the record could you state your name and also identify your client

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and the relationship to the property.

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

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And my client is Lee Tereshok, the owner of the property.

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All right, so there's also a letter of support for this

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for the 14th Ward Democratic Executive Committee.

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An applicant has provided petition and support

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signed by approximately 18 neighbors.

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Our vice chair has a few questions.

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

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Yes.

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Have you emailed proof of ownership tax compliance, a copy of the refusal or referral,

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photos under plans of the property, five days in advance of this hearing,

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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 begin with sharing your screen.

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Thank you.

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so this is a very straightforward project 1128 Mount Vernon Street so even though this is an

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RSA5 property there's a rental license for two units my client occupies the lower level unit

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with her mother and they rent out the upper level units but it's you know given the change in the

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law, it's now being deemed as visitor accommodation, which now requires a variance.

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So you'll see in the notice of refusal, that's why we're here today, is that we're seeking

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visitor accommodation use.

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I would object, actually, I said I was okay with the refusal.

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I'm not in this way.

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I would ask for a proviso because the refusal only references the visitor accommodation

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use on the second floor.

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The unit is a bi-level unit, which occupies both the second and third floors.

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So if this board is inclined to grant our variance request, I would ask for the following proviso.

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Visitor accommodation use limited to bi-level upper units.

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We have a letter of support from the 14th Democratic Executive Committee.

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We have the rental license as the next exhibit showing two units is allowed.

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Again, my client lives at the property, has a great relationship with the nearby neighbors, and they gladly signed the petition in support of this project.

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You also see it's not out of character to have Airbnb properties nearby, and we have a map showing that.

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Uh, and we have a map showing that we'll also show you maps of the area, photographs of the property, uh, photographs of the interior of the property that's on Airbnb, uh, and, you know, their listing as well as reviews, which are extraordinary, uh, their, uh, floor plans you'll see from, you know, that, you know, so you'll understand the layout of the property, the interior of the property, our RCO meeting notice, the DTIP property showing that, uh, Miss TerraShop, uh, is the owner.

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We will also show you maps of the area, photographs.

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on the property, our application for appeal, our certificate of tax clearance trying to make

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clients good standing with the city with respect to her real estate taxes. And again, Ms. Tereshuk

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should be in the virtual audience, don't doubt my testimony as her own. So this is an RSA

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buying property. Again, we already have a use permit for two units. So given the change in the

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law with with airbnb and short-term accommodations we're here to legalize the visitor accommodation

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use and we have a letter of support from the 14th ward democratic executive rco committee

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and then you'll see here that there's you know a rental license for two units she's always done

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things above board but given the change of the law you know it necessitated uh this only variance

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and again my client's retired she lives in the property on the unit number one with her mother

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this helps her responsibly retire and pay the expenses associated with the property

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so she met with her neighbors to ask for support and there are 16 properties where individuals

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signed our petition and they're listed and you can see from the map they're all nearby

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And then here's a copy of the petition.

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And then there's nearby Airbnb.

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So you can see where my client is in the neighborhood.

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All these, there's a ton of properties near close by.

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There are also Airbnb.

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They're either going to have to legalize

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like Ms. Tereshoff is doing,

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or they're going to no longer be in Airbnb.

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But I'm sure the board has seen many cases

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in the recent listings of similar requests.

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And then just maps of the area.

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showing where we are in the neighborhood we're on mount vernon street and where we are from the

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google maps perspective then for the rest of the property we're a three-story uh building

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in the middle of the block there's a proof of our uh posting of our notice for the hearing

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so we go street to street we go from from mount vernon to clay street and there you can see that

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And Mount Vernon Street to the right of the property, Mount Vernon Street to the left of the property, Clay Street to the right of the property, Clay Street to the left of the property.

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And just interior photos just so you can get a feel of what this looks like.

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This is straight from the Airbnb website.

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and then you can see um that she has excellent reviews and this you just want to give a sampling

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of these reviews out of a possible five she has 4.96 172 reviews and then just map uh you know

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floor plans very simple you know first floor is first and then you go on the second and third

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floors and that's you know the visitor accommodation request and we met on october 19th at 6 30 pm

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in a well-attended community meeting 159 addresses were notified in that meeting

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list of the addresses proof of mailing to those addresses proof that we emailed the notice

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to the coordinating rcos or rco and any related entities

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our deed showing that Ms. Tereshuk is the owner of the property

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for application for appeal to the ZBA

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and a certificate of tax claims.

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That being said, I'm going to stop sharing my screen.

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I'm going to ask Ms. Tereshuk for the raise her hand

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so she can adopt my testimony as her own.

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Hi, could you state your name and spell it, please, for the court reporter?

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Ms. Tereshoff, please unmute yourself and wait for the chair.

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Hi, could you state your name and spell it for the court reporter, please?

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My name is Lee Tereshoff, L-E-E-T-E-R-E-S-C-H-U-K.

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

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Yes, I do.

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Proceed, counsel.

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Yeah, Lee, you heard everything I had to say today.

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Yes.

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And it's a term, correct?

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yes do you adopt as your own testimony yes thank you questions from the board

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Yes.

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And do you adopt it as your own testimony?

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Yes.

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Thank you.

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no mr chairman no mr chairman no mr chairman questions or comments from the virtual audience

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jr i see no hands at this time high planning commission thank you mr chairman and members

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of the board david vecto city planning commission the comprehensive plan recommends no change to

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the residential single family zoning at this location. Visitor accommodation is a short-term

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rental use, short-term being fewer than 30 days. As such, it is not strictly necessary for the

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applicant to continue deriving value from this property. The applicant could simply rent their

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property to a longer-term tenant. City Planning Commission recommends that the Board deny the

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use variances. Thank you. So MI-2022-003-863-1128 Mount Vernon Street, I vote yes to a temporary

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variance that expires 12-1-25 and also visitor accommodation use limited to bi-level upper unit.

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Carol Tenere, my vote is yes with the temporary variance and promosso.

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Thomas Solomon, my vote is yes, with provisos.

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James Snell, my vote is yes, with provisos.

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Ishmael Shaheed, my vote is yes, with provisos.

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Thank you.

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Thank you.

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All right.

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MI 2022-003-866-5926 Market Street.

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Mr. Knacklebson, could you state your name for the record

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and also identify your client and relationship to this property?

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Yes, my name is Alan Ockamson, A-L-A-N, the last name is Ockamson, N-O-C-H-U-M-S-O-N, and the owner for 5926 is also A to Z Real Estate Transaction LLC, and its member is Dazi I7.

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Our vice chair has a few questions.

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

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I do.

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Have you emailed the exhibit packet with proof of ownership, tax compliance, a copy of the refusal or referral, photos under 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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Can you please proceed?

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Thank you.

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And share your screen.

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Bye.

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I know this is unbelievable, but it's good. Good stuff.

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What's the most consecutive zoning matters have you heard matters?

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I'm from Brooklyn, so that's my accent coming out.

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Oh, my gosh.

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So that you've ever had one attorney do?

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I've been here, I think, 16 years, never.

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Okay, there you go.

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Actually, I think you may have number two, that one when you came in and did all North Philadelphia, changing from the duplexes to the multi-units.

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i think you're at number two too if you're interested yeah but that was all related

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projects this is okay these are all different these are all right yeah but yes it's uh it's

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a little much um but at least we get off next week uh all right so 5926 market street um this

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is a very straightforward project this is a cmx great property we're proposing to have

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one commercial unit on the ground floor and four residential. And the only refusal we're getting

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is the fact that we're not providing parking. History of the property, last known use,

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four residential, one commercial, no parking. So we are mimicking what the last known use of

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this property is. Because of CMX3, we could have built something a lot bigger, a lot more dense.

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we chose not to we're on the l it would make no sense to have a parking spot uh on on the l line

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uh block um also because the width of the property is only 16 feet wide if we put a parking spot

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on the ground floor we would have to eliminate a commercial component on a commercial quarter

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which would make no sense so you'll see that from the notice of refusal you'll see the neighborhood

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has supported our zoning request, and that's through the West Philadelphia Economic Development

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Council. Our use permit showing the last known uses, four residential, one commercial, no parking.

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Maps of the area, photographs of the property, our plans and drawings, our RCO meeting notice,

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our application for appeal, our deeds of property, our certificate of tax clearance.

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And Mr. Ades-Seven, as you know, is the member of A to Z Real Estate Transaction LLC, the owner

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of the property. And at the conclusion of my presentation, I'll ask that he virtually

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raise his hand and adopt my testimony as his own.

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um and adopt uh my testimony uh as his own okay so notice refusal again this is cmx3 property

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and the only refusal we have is that we're required technically to provide one parking space

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for the four units of residential and we couldn't accommodate that without eliminating the

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commercial component and it would make no sense to eliminate the commercial component to provide

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that parking space and we'll be out of character again because we're under the L.

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The West Philadelphia Economic Development Council issued a letter of support for this project.

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Use permit again for family dwelling with a commercial component. That was the last known

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use in 1967. I don't know how long that use lasted because we have a vacant lot.

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maps of the area as you can see we're on market street we're a cmx3 property but really

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very narrow uh from a width perspective which makes it impossible for us to comply

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with that request and then photographs of the property we're a vacant lot we've been a vacant

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lot you know as far back as 2009 proof of uh posting of that property um for today's purposes

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Marcus Street to the right of the property, Marcus Street to the left of the property,

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as you can see, we're on, you know, the L. Plants and drawings,

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you know, brick facade, four-story structure, you know, very nice project.

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And you can also see that there is no basement use at all for this property. So again,

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you have a commercial space in the front you have unit number one which is behind it a hallway uh

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unit number two is the second floor unit number three is the third floor and unit four is the

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fourth floor and then we met with the community on october 25th 106 addresses were notified of

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that meeting, list the addresses, proof of mailing to those addresses, proof that we

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emailed that notice to the coordinating RCOs and related entities, application for appeal

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that we filed with the ZBA was showing the A to Z real estate transaction LLC as the

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owner of the property. Our deed to property showing A to Z real estate LLC is the owner

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of the property. Our certificate of tax credit showing that A to Z does not owe any real estate

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taxes with respect to this property. That being said, I'm going to share my screen. I'm going to

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Nessa and Mr. Adasev, and again virtually raise his hand.

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Could you state your name, please, and spell for the court reporter?

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Do we see it in the audience?

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Yes.

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Okay.

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Just state your name and spell for the court reporter.

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You've already been sworn.

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Yes.

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

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the last name is atasev and atas7. Proceed, counsel. Mr. Atasev, you heard everything I had

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to say today. Yes, I heard. And is it true and correct? Yes. And the adopted as your testimony.

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Yes, I will. Thank you. Okay, questions from the board? No, Mr. Chairman. No, Mr. Chairman.

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