civus
Hearing video

ZBA Hearing - September 20, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Sep 20, 20235h 43m

pavement and we um place grass and there's a subsurface feature there and there's also another

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depave area at the back side of the school um that is just for removing of pavement and adding

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landscaping shall i move to the next yep and so this is a cross-section of what these systems

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look like uh i think i i i think we may not need what i think would be helpful neil is to show us

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where you're taking the parking out of and where there's parking left if you can so in other words

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where where are you removing parking spaces and what where are the ones that are left that would

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be perfect so i'm sorry go ahead you can go through it um the two systems that are along

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that access road we're removing parking um and there's a system at the top which is behind the

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school where we're removing parking spaces right there right right right um and then the remainder

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we have parking on the back of the school that the linear drive on the back side of the school

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And we have a parking area on the top, if you're looking at the drawing, and then we have parking all along the access road and right in front of the school.

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Okay.

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And then we have a lot of technical information that perhaps you don't want to see.

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Not that I don't want to see it.

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I'm just not sure that.

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okay so so the issue would be is the issue is that you you you're saying you don't need the

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parking places places anywhere that you're removing that's correct that 77 is sufficient

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would you confirm that emma yeah so we've been working with the principal um to make sure we

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can accommodate all her staff her um her non-full-time staff and

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And her non full time staff and visitors to the school. So we ensured that we had enough spaces for that.

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Right. Right. So I brush the other exhibits. This is a letter from the new 42nd Democratic Board, which was kind enough to host a RCO public meeting.

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There is no RCO that claims this area. So they were kind enough to to hold the meeting.

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Here's their summary and our letter to the near neighbors, inviting them to the RCO meeting, which included a copy of the refusal.

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And our last exhibit is the proofs of mailing.

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And on that basis, we ask that the board grant our variance as requested.

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Thank you. Questions from the board?

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no chair no mr chairman

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questions or comments from the virtual audience yes chair i have richard burrell with the hand

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up and i will allow him to speak is he the architect of the engineer yes oh okay yeah

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Mr. Burrell, will you state your name and spell for the court sonographer?

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Mr. Burrell?

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Well, Neil, I think you've made your case.

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He's our engineer, and he would only confirm everything.

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Right. Okay. All right.

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So questions from the virtual audience?

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no hands chair planning commission

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good afternoon chair members of the board my name is greg waldman for the planning commission

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staff the comprehensive plan recommends no change to the existing medium industrial zoning

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however at the time of the that the comprehensive plan was adopted the special purpose civic use

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or SP-CIV zoning district, which is intended for civic uses, just schools, had not yet

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been added to the zoning code. SP-CIV zoning does not have a required parking minimum.

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Furthermore, the proposed construction of water management and landscaping improvements

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meet the goals of several other adopted city plans, including the building tree plan and

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green city clean waters plan. The city planning commission recommends that the zoning board

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grant the variance.

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Thank you. MI 2023-002-601-201 East Olney Avenue, I vote yes.

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Thomas Holloman, my vote is yes. James Snell, my vote is yes.

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Ishmael Shaheed, my vote is yes. Thank you. Thank you, Mr. Sklaroff.

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Thank you, members of the board. Thank you, members of the board.

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Right. Thank you. Number two, MI 2023-002-556-222 Market Street.

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Jarrett Klein is the attorney. There's a letter of non-opposition from the Center City Residents Association.

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Jarrett Klein has been promoted.

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

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Good afternoon, Mr. Klein.

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Could you state your name for the record and spell for the court stenographer?

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Certainly.

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It's Jared, J-A-R-E-D, last name Klein, K-L-E-I-N, from Blank Rome, 130 North 18th Street in Philadelphia.

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Do you swear a firm to tell the truth, the whole truth, nothing but the truth?

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Yes.

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Could you identify your client in a relationship to this property?

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Certainly. My client is the law firm of Morgan Lewis, and they are the tenant at 2222 Martin Street.

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Okay. Our vice chair has just a few questions.

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Good afternoon, counsel. Do you agree to wait the reading of the refusal or stipulate to his accuracy?

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Yes, I do.

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Have you emailed in all the required documents and exhibits that are needed and required to proceed with this case five days in advance of this hearing?

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Yes, sir, I have.

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Thank you. Please proceed and share the screen.

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Thank you.

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So this is, I hope, a relatively simple application.

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The building is 2222 Market Street, which is the home of Morgan Lewis.

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And what they are seeking approval for today is a flat wall sign that is above the second floor window level.

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And so we received a refusal because of that location.

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because of that location um just the board has has some contact this is a newly permitted and

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the board has

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some contacts

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and large building um and so we believe that the style of signage is is appropriate in both size

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and location for the size of the building that it's it's on uh and the hardship again would would

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be the the size of the building that is being erected um i think lends itself to needing

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additional identification signage to orient the board this is where we're where we're talking

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22nd and market zoning map of the parcel here showing it is the very permissive cmx5 zoning

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there are photos of posting the zoning notices at the ongoing construction site here for the board

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to see but i'll jump right to the actual sign rendering itself this is the rendering of what

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is what is proposed um it would be uh put there it's 59.17 square feet uh at at night it'll just

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be a white light it's not uh it's not spreading light out from it it's just a a backlit identification

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sign um and then there are additional plans uh that the board can can review just showing the

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technical aspects of where the sign is going to be located. The letters itself are going to be

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23 inches high to make it visible for passerby. Passersby. I believe as I was coming into the

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hearing, I heard the chair mention our meeting with CCRA. Their letter of non-opposition is here.

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And I think as we do, they view this as a non-controversial request to blend the signage of this property into the existing aesthetic on that commercial corridor.

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I would ask Robert Kurtz to please raise his hand.

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His virtual hand.

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Ron Hertz is allowed to speak.

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Sir, could you please state your name and spell for the court stenographer?

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If he's not available, if we could unmute Robert Kotzer.

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I have two Roberts.

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Robert Kotzer could also be unmuted.

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That would be fine.

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Okay, Robert is back.

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He should be allowed to speak now?

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Yes.

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Sir, could you state your name, please, and spell for the court stenographer?

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Sure.

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Robert Kotser from Morgan Lewis, spelled K-O-T-S as in Sam, U-R.

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

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I do.

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Proceed, Mr. Klein.

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Thank you.

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Robert, am I correct that you're the Director of Real Estate and Operations for Morgan Lewis?

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Yes, that's correct.

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Okay. And did you have a chance to hear my presentation this afternoon? And would you adopt it as true, correct in your own if you've been given the chance to speak more?

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Yes.

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Thank you. We don't have anything further, Mr. Chair.

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Questions from the board?

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No, Chair.

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No, Chair.

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Questions or comments from the virtual audience?

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No hands, Chair.

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Planning Commission.

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Good afternoon, Chair and members of the board. This is Greg Walden.

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city affiliate philadelphia city planning commission staff um in 2019 the zoning map was

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amended from commercial mixtes 4 to commercial mixtes 5 in accord with recommendations from

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the comprehensive plan proposed sign is technically below the second floor windowsill given that the

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height of the given the height of the first floor ceiling the city planning commissioner recommends

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at the zoning board grant the variance you mi 2023 zero zero two five five six two two two two

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market street i vote yes

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yes okay james now i vote yes ishmael shaheem my vote is yes thank you all very much enjoy your

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Okay. Number three, MI 2023-002-651-1510 West Allegheny Avenue.

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Alan Nockamson is the attorney.

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Letter of support from Allegheny West.

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Letter of opposition from Tioga United.

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Mr. Nockamson.

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Mr. Nockamson is promoted to panelists.

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Great.

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Great.

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Mr. Nockamson?

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Good afternoon, Mr. Chair and members of the board.

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Alan Nockamson.

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Just for the record, spell your name, Mr. Nockamson, please.

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A-L-A-N, last name Nockamson, N-O-C-H-U-M-S-O-N.

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

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I do.

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Thank you.

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Could you identify your client in relationship to the property?

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Yeah, my client is 1510 West Allegheny F LLC, and in the virtual audience is one of its members, Irena Savrichny.

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Okay.

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Our vice chair has just a few questions, sir.

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Good afternoon, counsel.

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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 in all the required documents and exhibits that are needed and required to proceed with this case? Are these in advance of this hearing?

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Yes, we have.

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Thank you. Please proceed and share the screen.

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Thank you.

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All right. So I'm here to present 1510 West Allegheny Avenue. And again, in the virtual

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audience is Irina, one of its members. At the conclusion of my presentation, I would ask her

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to virtually raise her hand, be sworn in, and then I'll have a few questions about my

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presentation. So this will be a rather lengthy presentation. It's a very impactful project

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to the community, which we believe is positive in nature. So first we'll review the notice of

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refusal, then a letter of support from the Allegheny West Civic Association. I think it

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was either this morning or early this afternoon. We received a letter from Tioga United, and we'll

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review that letter as well. The letter was referenced by the chairman. We also have revised

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plans, and that was based on communication with the neighborhood. So if this board feels so inclined

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to grant our zoning variance request, we would ask that they would grant it with revised plans,

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and we'll review those plans as well. Then we made a concerted effort before and after our

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community meeting to meet as many of the surrounding property owners and neighbors.

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And we have a lengthy petition that's been signed by a multitude of neighbors, as well

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as letters of support from nearby neighbors.

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Then we'll review the Philadelphia 2035 plan.

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Again, our review of the 2035 plan indicates that this property is designated to be transitioned

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over to RMX3. So the density that we're proposing and based on the goals of the 2035 plan fall well

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in line with what the 2035 plan proposes. Then we're going to look also at nearby comparable

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apartment buildings. So what we're offering is not out of character to what you would see

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nearby in the neighborhood. Then we'll review maps of the area, photographs of the property

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in the surrounding area, our plans and drawings as well as renderings, and then we'll have our

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RCO meeting notice that we'll review, which also shows that not only were all of the property

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occupants mailed a notice in accordance with the law, all the RCOs actually received a copy of that

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notice via email almost two weeks in advance of the meeting. We'll then review the application

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for appeal that we filed on behalf of the applicant, the deed to the property showing

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that 1510 West Allegheny Ave LLC is the owner of the property, as well as a certificate of

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tax clearance showing that they owe no money to the City of Philadelphia with respect to

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this property. Again, at the conclusion of my presentation, we'll have Irina appear as well.

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All right, so a notice of refusal. So this is a mixed zoning property of RSA 2 and RSA 5. So as

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As the board knows, the zoning examiners require to choose the most restrictive zoning requirements as it reviews or as they review our project.

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So right now, there's and we'll see in the drawings and photographs, there is a building structure which has a history and approval for 46 units that we will call Building A.

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What we're proposing is to add seven additional units to building A and then to build on this 32,000 square foot lot.

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And let me just repeat that. 32,000 square foot lot. We're looking to build another building structure with 40 units.

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we're looking to build another building structure with 40 units.

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And what we're trying to do is essentially build almost a twin building structure on this 32,000 square foot lot.

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Again, if this was an RMX3 property, the density that we are proposing would easily fit within the confines of RMX3.

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Also, under RMX3, we would be able to build 160,000 square foot building structure here, which is a lot, well, what we're proposing is a lot less, where we're looking to build a total of 65,000 square feet, where really half of that's already on the building lots.

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So just to put that in perspective. So in addition to the 93 total units on this 32,000 square foot lot, we are providing off-street parking of 18 units, plus four accessible parking spaces, plus 32 of those 18, sorry, of those 18 parking spaces, four of them are accessible.

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In addition, we're providing 32 Class A, 1A bicycle parking spaces.

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So these are our refusals.

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The first one is about the fact that we have two principal dwelling structures.

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Building A, which is our current building on the lot, which has 46 units configured for that already.

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And then we added a second building structure in the rear as well.

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Again, what you'll see is, first of all, RMX3 would, I know we're not RMX3 zoning, but this is what's proposed of this property, would allow for such use, proposed use.

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Secondarily, it's not out of character to have multiple building structures in the area where these are rather large lots.

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Again, our building lot, our lot is 32,000 square feet.

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If you look at surrounding properties and we'll look at those, there are multiple properties with with building with multiple building structures on there.

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