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Hearing video

ZBA Hearing - September 30, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Sep 30, 20205h 7m

Okay, thank you.

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And Tanya, you'll wait to give us the go-ahead sign.

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Yes.

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Thank you.

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Still trying to figure this out.

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You're on.

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We can hear you.

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I know.

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Hi, everyone.

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And we're live.

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Hi, Cherise.

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Thank you.

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So Carol, once we get started, I'll go through the add-on list.

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Do you have a copy of it?

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Yes.

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There will be two cases for 930, right?

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Right.

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The others are for four or for two.

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One is an up or down vote and the other is a reconsideration.

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Right.

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All right.

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and then i'll see where you add that additional

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piece in your introductory remarks and i'll change mine ready when you are okay thank you

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tanya good morning everyone my name is frank de chico i'm the chair of the zoning board of

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adjustment i'll be participating in today's hearing along with vice chair miss carol

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Martinieri, Board Secretary Confessor Plaza and Board Members Mr. Thomas Holloman and

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Mr. James Snell.

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Board Administrator Tanya Sunkit and Board Attorney Sharon Saleta are also in attendance.

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For those of you who have not yet participated in one of our virtual hearings, I'll go through

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some of the basics of what you can expect.

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

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

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

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

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

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you must raise your hand by hitting star 9 and then star 6 to unmute yourself.

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I'll repeat, for anyone participating by phone, if you wish to testify,

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you must raise your hand by hitting star 9 and then star 6 to unmute yourself.

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Finally, to enter an appearance statement, call Google 267-270-5548

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and leave your email address and the address of the property at issue i'll repeat that as well

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to enter an appearance statement call google 267-270-5548 and leave your email address

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and the address of the property at issue with that said we can we can begin but before vice

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chair tenere calls our first case we'd like to ask if anyone is requesting a continuance or

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withdrawal of an appeal listed for this morning's session please raise your hand at this time

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if you wish to request a continuance or withdrawal

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here we have sloan folks from city council sloan folks you're gonna meet yourself and speak to a

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continuance good morning mr folks good morning cheering to chico zba board um i have two uh

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requests for continuance this morning the first is appeal number three nine eight seven seven

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the address is two one one east eleanor street um the applicant has not met with the rcl

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okay uh i should have sworn you in but okay yes it's my fault my fault well we can start over

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again um to tell the truth the whole truth and nothing but the truth i do no need to no need

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to go over the rest of that okay calendar number three nine eight seven seven two one one east

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Eleanor Street is continued. Next case. And my second for this morning is calendar number 39683-4649

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4-6-4-9

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Oakland Street. They have not met with the RCO either.

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Oakland Street. They have not met with the

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RCO either.

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Where is

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that on this morning's list?

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I have it on this morning's list today.

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Yes. This is Sharon

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Saleta. Can we call to see

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if the applicant is here for the last

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case so they can speak to the continuance?

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Yeah, I'll do that.

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Okay.

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You know what? I didn't get

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number 10 printed out. Okay. Is the applicant here for 211 East Eleanor Street? If so, please raise your hand.

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Caller ended in 085. Are you here for Eleanor Street? You can unmute yourself because your hand is up.

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um i have that as number four i'm sorry north street is number four

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the other case was number 10 i for some reason it didn't print out

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we'll get to that no i i the number is 085 for the phone number

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oh okay can you unmute yourself okay we're going to just go forward then cheer no one

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okay um and the other case carol what was the number on that please it was an appeal number

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39683 4659 oakland street that case is being continued

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if anyone uh has any comments regarding that continuance request the applicant please raise

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your hand no no okay any other hands up no no other hands are up correct any other requests

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for continuance or withdrawals please raise your hand nothing

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we good any hands up uh tanya

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no no hands okay thank you uh so before we begin um we'll go to the first case uh is uh

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MI-2020-000414, 2226 Coral Street, and MI-2020-000444, 2228 Coral Street.

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My vote is yes on both.

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My vote is yes on both.

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Yes to both.

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Yes to both.

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Yes to both.

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thank you and then calendar number 39751 2101 washington avenue my vote is no to reconsideration

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my vote is no to reconsideration no to reconsideration no to reconsideration no to

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reconsideration um and also i have an announcement uh for anyone uh please do not attempt to testify

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in the chat any comments should be directed to the board and did i leave anything out sharon

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no that's it thank you thank you all right with that we can begin carol

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calendar number mi 2020 000 823 1227 south 46th street

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Is there an attorney here on that case?

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I believe it might be Mattione he had his hand up.

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Mr. Mattione are you here for this case?

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yes i am here for this case all righty all right can you put your name and address on the record

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please yes michael mattione federal reserve bank building 100 north independence mall suite 5a

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northwest philadelphia 19106 do you swear or firm to tell the whole truth and nothing but the truth

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i do and 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 also emailed an exhibit packet with the required documents, proof of ownership,

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Have you also emailed an exhibit packet with the required documents, proof of ownership, tax compliance, a copy of the refusal or referral, photos and 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, everything.

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Thank you. You may proceed.

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Thank you. I also have witnesses, Jonathan Torrey, Matt Milan, and Meir Badish, and ask if they could be unmuted.

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and the chair will swear them in okay um is my screen sharing up yes okay thank you just want

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make sure okay um again i am michael mattione and i represent east hilton properties the owner of

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this property at 1227 south 46th street and this is a list of the exhibits that we submitted

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in advance as required and our list of witnesses as well

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First, I'd like to touch on the refusal.

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There is one refusal.

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This property is in the RSA-5 zoning class, and we are requesting variants to be allowed

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to have a difference there.

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So that is the only refusal for this case.

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What we are proposing is two units for this property, a basement and first floor and then

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a second and third floor with a rooftop deck.

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This property is a unique property in that it is located among a row of duplexes, and

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I will show that in the photographs.

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This is the site itself, as you can see it's a vacant lot, and there's a duplex to the

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north, and a row of duplexes as well to the south, and that's the property of Aitken

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property.

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I'd like to show photos to put in context where it is.

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This is the subject property.

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Here is a duplex and there are four other duplexes with which surround this property.

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Everybody around it is a duplex and we propose to build a similar duplex.

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Like I said, I just want to show a few more photos so you can understand the context.

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The property would be 35 feet high, would tie right in with this property, would line

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up with it, match up with it, have a similar height, had steps up to get into it, and have

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two units just like these other properties all around it.

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We would have a full brick facade, not a brick and vinyl facade.

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And when these properties, I'm sorry, when the surrounding properties were built, they

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They all did receive arians as well as they were in the R9A at the time, 1997.

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As you can see, the entire street is a residential street and it's got a mix of both multifamily

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and duplexes but this property itself though is the one surrounded by all duplexes and the

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character is duplexes and this is why we are requesting the variance to be allowed to have

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duplex built along with this long row of duplexes.

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So that is the context of the property.

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Again, we're seeking one limited variance to allow the property to be used in conformity

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with the surrounding properties.

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We believe that the location of the property surrounded by multifamily residential uses

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in the middle of the block does create a hardship to this land, a unique hardship.

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This is the only vacant lot surrounded by all duplex properties on the block.

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And the variance would permit the completion of the row duplexes that presently has this one vacant

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lot right in the middle. It will not increase the likelihood of congestion, residential uses, or

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It will not increase the likelihood of congestion. Residential uses are called for here. That's what we're proposing.

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This variance is the minimum required to permit the use of the structure in conformity with the surrounding structures.

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And the structure complies with all of the dimensional requirements, such as area, height, open area, rear yard, etc.

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And we are building a lower height than is permitted to allow us to tie in with the neighboring properties.

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What I'd like to do next is call on Matthew Millan, if he is on. Matthew?

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I'm here, Michael.

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Okay. Mr. Chair, do you want to swear him in?

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Sir, please identify yourself with the record first and last name. Spell your last name.

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Matthew Millan, M-I-L-L-A-N.

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Your address?

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15 West Highland Avenue, Philadelphia, 19118.

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We're infirm to tell the truth, all truth, and nothing but the truth?

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I do.

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Thank you.

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Please proceed.

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Mr. Millan, what is your profession?

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I'm a registered architect.

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And how long have you been an architect?

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I've been an architect for 25 years.

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And did your firm prepare the plans for the proposed duplex?

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We did.

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And are these the plans that are on the screen now?

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Yes, they are.

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Okay.

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And what's the present zoning of the property?

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Present zoning is RSA 5.

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And did you take that into account when preparing the plans?

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Yes, we did.

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And why did you prepare plans for duplex?

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We reviewed both the base zoning, we reviewed, researched the property on Atlas Philadelphia, reviewed the deed information, and we looked at the pattern of development within the neighborhood.

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The vacant lot sits, as you have stated, among a row of existing duplexes, one to the north and four to the south.

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There are also a number of additional duplexes on the block.

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Given its location in the middle of a row or in a row of duplexes, it felt most appropriate to repeat that pattern and request the use variance.

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And did you review whether this property would be appropriate as a single family use?

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we did and it was our feeling as well as discussing it with some other professionals

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real estate professionals and others that it was not appropriate as a single family

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that a duplex that would basically reinforce the pattern of the existing development of

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the duplexes would be the most appropriate and having had the opportunity to consider

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the proposed development do you have an opinion based upon reasonable professional certainty as

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to whether this proposal would be compatible and meet the needs of the community where it is located

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yes it it certainly is compatible in terms of the duplex among the five other duplexes

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And in terms of its height, the massing, the materials, the brick facade, the raised first floor so that there's a front stoop and steps similar to the properties to the left and right of it, as well as up and down the block.

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These are all ways that in both the physical manner, the development of the property fits in appropriately to the scale and use of the neighborhood.

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And the residential, the duplex units are also compatible in terms of the character and use of the neighborhood.

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And are your foregoing statements based upon your professional opinion as an architect?

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Yes, they are.

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I have no further questions for Mr. Milan.

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I'd like to call on Jonathan Turi.

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Hello, Mike, can you hear me?

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Yes, sorry.

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Okay, sorry about that.

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Mr. Chair, could you swear to me?

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Sir, please identify yourself for the record first and last name.

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Spell your last name.

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Jonathan Torrey, last name T-O-R-I.

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address 266 south 23rd street philadelphia epa 19103 you swear and affirm to tell the truth

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