civus
Hearing video

ZBA Hearing - April 7, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Apr 7, 20219h 42m

So, sorry, if we missed all this, I'll just go back.

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With the exhibits, there's refusal, the RCO notice, attaching refusal, and the certificate of mailing.

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the RCO notice attaching refusal and certificate of mailing. November 2020 was when I

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mailed the notices for our first RCO meeting. These are the addresses provided by the

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Planning Commission and here's our plan. End of row unit. These are steps at the

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front um with a raised a hill in the front here um and the driveway is around the back

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you'll see photos and understand what i mean but here's our plot plan where this property is 31

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feet wide the building itself is about 15 or 16 feet wide and there's a driveway next door since

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we're in end of row the driveway does continue alongside the property around the back serving

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the neighboring properties in this row. Existing as is right now, there's a rear entrance at grade

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level back here, entering what I'll call the first floor or the first level or all the neighbors

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have garage doors here. This property does not have a garage door here, but we enter here into

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kitchen and dining. There's a galley kitchen here, utilities here, a bedroom and a bathroom.

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entering over that hill up those stairs on the what I'll call the second level

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you are in a vestibule with stairs up to the third floor or a door into the second floor

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into the kitchen dining galley kitchen here bathroom and two rooms this is we're calling

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this a living room and a bedroom here up the stairs to the third level uh enter into a bedroom

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here, bedroom in the back, kitchen, and a bathroom in the middle. This, I had forwarded this tax

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compliance because I was having trouble getting the certification, but I'll show you the certification

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in a moment. And here's a page from the archives where the date is 63, 1963, and this property

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has been a multi-family property since 1963. At that time, it was registered as a two-family

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dwelling. And if I can change my view, I want to show you the photos. I'm sorry, I should show you

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the deed first. Here's our deed. My clients are Dimitri and Igor Uparov, and they bought this

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property in October of 2017. And like I said on that plan, here's that 31-foot width of the property,

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and and uh here is this 120 foot depth of this property so we do have a 31 foot by 120 foot

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property square footage of that is 3 720 square feet that does include the driveway that's uh

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accessible so for use from the neighbors but this is uh 31 by 120 so when we talk about square

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footage in multi-families, we would normally be talking about 3,720 square foot using that

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provision in the RM zoning of 480 foot per unit. That gives us a seven unit count.

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This is a variance request for three units. Here's the photos. I want to make sure everyone

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can see these. So here's the property. As you see, we have an elevated front yard in the front.

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here's that front door up to what i call the second second level the driveway around the side

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and the rest of the row here this is on its side i tried to rotate it but i don't know how but you

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can i'll have a better picture of this but you see a rear door entering that first level unit

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that's a window here not a garage door this has been this format for you my clients have owned

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since 2017. If there ever was a garage door here, they never saw it. They didn't remove it. There's

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three meters. This is what I'm calling the second floor unit, entering that up the stairs front door

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on the front of the property, that galley kitchen, that bathroom, that what was termed living room

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on the plans and the bedroom in the back. Nicely updated, good quality of living here for the

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tenants here's the bathroom here's that living room area the bedroom area those are the mailers

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I sent out uh here's the posting for our first I'm sorry for our first zoning hearing we were

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here before uh and a um continuous was requested by the RCO when I did send out the RCO notices

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the RCO notices. We did have an RCO meeting. We did appear on Zoom. Everything went well. No one

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we did

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appeared. The RCO director, Chris, I'm forgetting his last name, called me the next day, day or two

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after and said he was hearing that people weren't getting the notices. We did come before you,

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requested continuance. He did notice a second RCO meeting. We did have that second meeting. Here we

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are before you for our second appearance. At the second RCO meeting, neighbors did appear.

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There was some concern. One of the concerns voiced by the next door neighbor, Mr. Leon,

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was that this basement had been dug out and he had concerns about the structure of his next door

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property. This basement was not dug out, at least by my clients. But in response to his concerns,

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we did have a structural, I'm sorry, a PE, a professional engineer go out and I have a report

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to show you here. But this is a photo of the rear. This is our rear door. This is next door's garage

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door. We can see that just by eye these look to be, if you had to guess which one was lower,

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orange is not lower on the outside. And here's a little further back where these, this door is

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actually higher than this door by about two or three courses. I measured this step up which is

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I wish I got the camera a little lower here but I was holding the tape measure at the same time.

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This is between three and four inches I'd say. On this and inside this is actually a little bump up

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this side of the step is actually higher than this side of the step but even so inside is a

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difference of less than eight between seven and eight inches with that little increase. So if it's

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four inches outside three between three and four inches and between eight nine seven eight inches

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inside I'm going to say the grade is between four and five inches here. So this is a tiny bit below

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but looking at this my guess before the engineer had gotten there was that the garage and the floor

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are probably about even. But you'll hear from Mr. Igor, this was not dug out. When they obtained

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the property in 2017, there were three levels of three bathrooms. Living space was already

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existing down here on the first level. Bathrooms were existing. There was a kitchen area down here.

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There was steps between the lower level, the first level, and the second level. Those were deleted.

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There's no violations here. The current application, the reason I was contacted was these folks, in attempts to be compliant, did go out to seek their rental license and were made aware that this was actually listed as a duplex.

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It had been a multifamily for years, but that third unit to their surprise was not legalized.

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Here's an additional picture from further back of the end unit, that garage door, if it ever was existent, had been removed years and years ago, and the neighboring properties.

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So the concerns at the ORCO were structural because the basement had been dug out.

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There was a testimony, and I don't know if Mr. Leon is on the call.

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I would assume he's planned on appearing, but his statements were that 25 dump trucks emptied out this basement, which the owners do not agree with.

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During work at the property, a tenant upstairs did have a complaint of backed up plumbing.

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and uh what happened was the owners did call a company to dig out the soil pipe that was

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under was buried in this first level the soil pipe was dug up in the process the slab was broken up

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it was deteriorated to begin with uh but then was um replaced and and a new slab was poured

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no digging beyond any you know normal leveling was done this was not a digging digging out of

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a basement for more headroom. There was no need for any underpinning. This wasn't any issue. But

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out of an abundance of caution, and here's a notice for our today's meeting posted in the

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front yard, but out of an abundance of caution, not wanting there to be any issues, the applicants

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did reach out to a professional engineer. Can you see the report of Andrew Menno, professional

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engineer wash house limited

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is everyone still with me

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no problem okay so mr

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no problem okay so mr menu did come out uh i believe mr menu is is on the call today to uh

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supplement if necessary uh the report states that the exterior is in above average condition

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he did see some minor settlement cracking in brick uh nothing out of the ordinary the perimeter

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of the property had proper grading preventing water infiltration rear drain uh had was operating

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properly, and it was raining when he was there. Interior, the basement's habitable, one-bedroom

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dwelling. The combination sewer sanitary line had been recently replaced. He noted that.

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And the basement slab had been replaced, but there's no indication that the replacement slab

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elevation was any lower than previous location. No exterior deficiencies, no repairs needed.

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Structure is structurally stable. The adjacent property, 71-12, Erdrick, was also surveyed.

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no structural concerns visible.

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And he was able to discuss

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with the current homeowner next door

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and did not express any structural concerns

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with his property.

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And Mr. Meniere sent his report

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and provided some photos also from the side and the rear.

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He took those measurements also.

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we can move on did we have a letter from the RCO that I got the letter from the first RCO

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was I believe the second I will based on the attendance at the second RCO meeting the RCO

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did not support the application based on the neighbor's concerns I thought I did have it here

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but I have to. Was that position taken prior to the PE report? It was. That was prior to the PE's

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report. All right. Why don't we do this? Do you have your client? I do. Bring your client on and

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then we'll ask if there's questions. Here's that tax cert I wanted to show you for 7110 Erdrich.

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showing clearance. Is Igor with us? I have Andrew Menyo with the hand up and a Fortune

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3 device. Andrew is our engineer. Okay, here we go. And Igor is our client. Igor, you've

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been unmuted please wait for the chair good morning sir please identify yourself for the

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record spell your first and last name uh good morning my name is Igor Uporo U-P-O-R-E-U

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excuse me there's a noise coming from the background uh could you speak slowly

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one second there are people talking in the background if you can ask them to be quiet

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Yeah, okay. I'm sorry, I'm in the office. My name is Ivor Uporo, U-P-O-R-A-U.

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You're swearing to affirm to tell the truth, the whole truth, nothing but the truth?

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I don't.

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Before you proceed, to the court reporter, were you able to get that information?

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Yeah, yeah. If we could spell his last name one more time.

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U-P-O-R-A-U, Uporo.

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Okay, I have it, yes. Thank you.

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Mr. Wise? Yes. Igor, did you hear my testimony today? Yes. And did you find it to be accurate

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and would you adopt it as your own? Yes. Okay. And you own 7110 Erdrich with your brother Dimitri?

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Yes. And there was living space in the basement when you took ownership? Yes. Okay. And

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and mr chair do you have any other anything else you'd like to ask just one your fit okay

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long as you're finished with your client any questions from the board no no no anyone else

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like to testify in this case please raise your hand hey fortune three you've been unmuted please

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Please wait for the chair.

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Identify yourself with the records by your first and last name.

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Device Fortune 3, you've been unmuted.

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Thank you.

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Is there anyone else where I think it's having problems?

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Anyone else to testify in this case?

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Yeah, Chris.

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Chris, please unmute yourself and wait for the chair.

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Hello.

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Chris, please identify yourself.

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First and last name.

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Spell your name, please.

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there we go i'm sorry yes i have forwarded some items there are some issues with me sir

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sir please identify yourself for the record first time it's c-h-r-i-s-t-o-p-h-e-r

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last name is labovitz l-a-b-o-v-i-t-z i represent the uh coordinating rco

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you swear and affirm to tell the truth the whole truth and nothing but the truth

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Yes.

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Thank you.

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Please proceed.

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Okay.

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Corrin pretty much hit it on the head with the first meeting.

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The neighbors had some complaints, so we had rescheduled a meeting.

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We asked for continuance.

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We rescheduled the meeting.

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I offered, because I know it's not cheap, to put out a notification.

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I offered to do it as a favor to him because I figured it was only fair.

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And I hand-billed.

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And when we had our second meeting, we did get some more interaction from the neighbors.

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um mostly concerned about adding a third unit to that two property uh two two dwelling you know

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two unit dwelling uh making a triplex the neighbors were very concerned because

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i sent some paperwork the other day it should have been an updated community response and i

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sent some pictures and some emails from the neighbor you should have gotten all that

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um corn i you know what i think i skipped i did not send it to you i like it forward to you

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but the main one main problem is the having an additional tenant uh they already do not take

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care of the exterior i sent you some pictures of after the snowstorm um they don't do their

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sidewalks they don't mow their lawn the neighbors been mowing the lawn for a year uh they've owned

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it since 2017 i don't think they've uh you know from what the neighbor tells me they've never

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mowed the lawn. He mows the lawn for them and he's tired of it. By adding a third tenant,

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we're just concerned that it's just going to be more, you know, aggravation. We always find that

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these conditions are, you know, this person had drawings made, hired an architect, didn't get a

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permit for anything. These engineering studies should have been done probably before a shovel

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hit the ground. And this is another situation where we always feel as a civic that the hardship

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is created by the owner of the property um that's just and you know that's an opinion it just seems

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to be common um and that's the neighbors basically i did send some pictures in uh the zoning notice

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a couple dump trucks full of dirt um if they were digging the floor out i would think they would

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have to put dirt back if they were replacing a pipe they would just convert the dirt back to

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the same hole and that's why we oppose it the neighbors opposed it um and that you know the

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The two units, it's already a problem for the adjoining properties.

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If it's made into a triplex, you're asking people to give a variance for three rental units next to a single-family dwelling.

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And that's a hardship for the owners of the properties, not for the owner of that property.

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That's all.

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Thank you.

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Thank you for your time.

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You're welcome.

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Anyone else?

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I see no more hands, Chair.

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Thank you. Planning Commission. Good morning. David Fecto, City Planning Commission. Mr. Chairman, members of the Board, the Comprehensive Plan recommends single-family residential use for this property. There is documented history of the property as a two-family dwelling from 1963. However, we do not believe that there are any unique circumstances that would require a third unit in this property. We recommend that the Board deny the requested variance.

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Thank you. MI 2020-001712-7110 Erdrich Street, my vote is maximum yes with a proviso, maximum two units.

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My vote is yes with proviso.

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Yes with proviso.

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Yes with proviso.

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Yes with proviso.

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oh okay uh carol i know we got the last case we've jumped over uh it is 20 of 20 of of 12

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you want to take a 10 minute break this uh court reporter we'll take a 10 minute break

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oh yes that'll be great yeah i don't want to keep everybody too long on the other one but

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we don't know how long it's going to be so let's take a 10 minute break we'll be back at

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1150 okay thank you yes calendar number three

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11 50. Okay. Thank you. Yes. Calendar number 3174 4701-15 King Sessing Avenue. The attorney

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is Brett Feldman. Mr. Feldman has been promoted to panelist. Thank you. Mr. Feldman.

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Yes.

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Brett, okay. Name and address on the record, please, and spell your name.

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Sure. Still good morning. Members of the Board, Brett Feldman, 1835 Market Street,

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Philadelphia, Pennsylvania, 19103. I represent the two entities that own the five properties

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