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Hearing video

ZBA Hearing - October 8, 2025

Philadelphia Zoning Board of Adjustment (ZBA)Oct 8, 20258h 7m

but then it was appealed and then it would sound like it was affirmed and in any

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time it would be running well it would extend any time for them to actually go and get the

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but if you don't know how long if you don't get your uh rental license uh within well i know if

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you have an inactive rental license for more than three years the the property reverts how

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the lni views it reverts back to whoever zoning it is i also know yeah so that's what happened

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and we're well beyond the three years okay even if it was 2021 we're beyond the three years like

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i'm just assuming worst case scenario yeah yeah okay yeah but that's a little strange and we

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don't usually see that as part of the provisos yeah okay questions from our attorney thank you

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not at this time mr chairman from the audience to the virtual audience

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planning commission good afternoon liz fuselay for the philadelphia planning commission

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The comprehensive plan recommends no change to the RSA 3 residential single-family zoning at this location.

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The city rezoned this neighborhood in 2006 in a council-requested map change.

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The property appears to have a history of multifamily use.

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The majority of homes on this block face range from two dwelling units to five dwelling units,

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so four matches the character of the other homes.

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The City Planning Commission recommends that the board grant the proposed use variance for four dwelling units.

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MI 2025-002-409-3552 North 18th Street, I vote yes.

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Michael Johns, my vote is yes.

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Cheryl Gaston, my vote is yes.

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Tanetta Graham, my vote is yes.

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Iowyn, my vote is yes.

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Alan, one more.

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Yes, one more.

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MI 2025-002-913-3104 Euclid Street.

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Alan Nockmson.

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Just state your name for the record.

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Alan Nockmson.

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Could you identify your client, a relationship to the property?

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Yes, my client's SLC, real estate LLC,

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and in the virtual audience is one of its members, Shati Cooks.

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um also um tenetta graham our vice chair has recused herself from this um do you agree with

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the refusal and to stipulate to its accuracy i do and all of your um paperwork has been in the list

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within five days that's right mr chair why don't we proceed all right thank you

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all right so first of all thank you for accommodating i do have a community meeting

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tonight so i want to run over there um so people in the back don't look i know that's i i could

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feel that i can feel the burn a little bit back here uh 3104 i try to be fast 3104 euclid street

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uh, 3104, I try to be fast, 3104 Euclid Street. It's in a strawberry mansion, uh, section of

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this

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Philadelphia and, um, pretty straightforward in the sense of this. Um, one of, one of the refusals

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has to do with the density. We're asking for a two family dwelling for RSA five,

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you know, straightforward. We'll look at it. It's not out of character. The second one

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has to do with more so like, uh, of the overlay in this section where, because the width of the

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street is a certain size or lack thereof we have our building structure can only be 25 feet high

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which also would be out of character to the building to the left and right we're mimicking

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the height of the building at 35 feet 10 inches at the roof line and you'll see that

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so we received i don't know if they have a vote here but we received unanimous support my

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understanding from the community a couple things that we did agree to which are

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enforceable we agreed to no basement living as a proviso and the trash will be stored outside

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for unit number one on the first floor on the upper floor there'll be a trash closet

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um i think that's basically it and then we also have a proviso for revised plans because at the

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request of the community we increase the size of the front porch covering and we also remove the

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bay window so if the board feels so inclined to grant this variance or these variance requests

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Plus, we would ask for revised plans, plus no living in the basement.

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And then not out of character to have multifamily on this block, 3114 Euclid, 3131 Euclid, 3138 Euclid.

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Again, we're a vacant lot between two existing structures, and you'll see what I mean about the height.

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We're RSA 5 property. We go street to street from Euclid to Wilt.

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but you can see these are two large three-story structures we're mimicking the height to be

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to be requesting of us to be 25 feet high within these three-story structures would be out of

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character again this is a recent phenomenon this this regulation and in blocks where there are

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two-story structures that would make more sense but we're in between three uh two three-story

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structures. This is the front of the property. It's been a vacant lot, at least as far back as

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2009. This is 3104 from the rear of the property on West Wilt. Hearing notice posters as well from

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each side. Euclid Street to the right of the property, Euclid Street to the left of the

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property, West Wilt Street to the right of the property, and then to the left of the property.

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our plans and drawings um this is with bruce cheatham of cheatham drafting and design but

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you can see we have a porch here which will mimic the architecture of the properties on our block

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pretty straightforward plans here you have a shared vestibule area you make a left there's

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a living room there's a kitchen there's a bathroom there's a bedroom there's an open floor area

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where there's no um we're agreeing to no basement livings just basically for storage

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You go up a flight of steps.

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Instead, you have a three-bedroom, three-bath

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where you would have a living room, a kitchen,

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bathroom, bedroom.

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Go up another flight of steps, two bedrooms on both sides.

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And then you have a bathroom as well.

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We met with the community multiple times.

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I think three times until we got it right.

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Last one was September 25th at 6 p.m.

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Addresses we mailed it to for that last meeting.

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proof of mailing in those addresses, or application for appeal on behalf of SLC Real

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Estate, along with the notice of refusal in the project information form, the deed showing

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that SLC Real Estate LLC is the owner of the property, and then finally, the Certificate

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of Tax Clearance.

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I would ask that Shati virtually raise his hand.

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Oh, looks like he's up there already.

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

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My name is Shati Cooks, S-H-A-T-E-E, last name Cooks, C-O-O-K-S.

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Good afternoon, everyone.

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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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Please proceed, counsel.

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Mr. Cooks, you heard everything I had to state today about your zoning matter.

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That is correct, Alan.

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And is it true and correct?

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Yes.

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And do you adopt this as your own testimony?

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I do.

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Thank you.

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Thank you.

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Questions from the board.

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What's the plan for the basement?

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It's just storage.

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Let me keep it open for storage.

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No basement living at all.

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Okay.

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Other questions?

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Questions from our attorney, Hillary Emerson.

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Not at this time, Mr. Chair.

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Questions from the audience or the virtual audience?

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no hands raised at this time chair planning commission

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No hands raised at this time, Chair.

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Planning Commission.

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good afternoon liz fuselay for the planning commission the comprehensive plan recommends

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no change to the rsa 5 residential single-family zoning at this location

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the city rezoned this neighborhood in 2014 sorry

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in accord with recommendations in the comprehensive plan the proposed height

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variance matches I'm sorry my computer is acting very strangely okay read it

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this way the city rezoned this neighborhood in 2014 in accord with the

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recommendations in the comprehensive plan the proposed height variance

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matches the character of the other homes on this block face however despite the

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presence of approximately five three-family homes this is primarily a

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single-family block place block face the city planning commission recommends that the board

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grant the proposed dimensional variance for height but deny the proposed use variance for two dwelling

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units mr chair is the city planning commission acknowledged on one city block there are five

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two-family dwellings not out of character mi 2025 002 913 3104 euclid street i vote yes

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proviso revised plans one page stamp by zba october 8 2025 no basement living michael johns

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my vote is yes with proviso cheryl gassner my vote is yes with provisos

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my vote is yes with provisos and mr chard just wanted to clarify the the one the no basement

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living proviso will be no household living in the basement no household living in the basement

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Yes. Thank you. Thank you. Number 13, MI 2025, 002-915-1101 Catherine Street. Eric Bodson is the attorney. Letter of support from Hawthorne Empowerment Coalition. Vote was 38. Support 14 in opposition, 4 in non-opposition.

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There's also a petition with 31 signatures, a letter of support received from a neighbor, Ann Laskovitz.

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

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Yes. Good afternoon, Mr. Chair. Eric Bodzin, E-R-I-C, B-O-D-Z-I-N of Blank Room.

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

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Yes, I do.

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Could you identify your client, a relationship to the property?

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Yes, I can.

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my client is uh henry sullivan who is sitting beside me as well as ken penn um who is on our

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uh in the virtual audience as he is overseas at this time vice chair tinnett graham has a few

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questions good good afternoon um have you submitted your documents and exhibits five days in advance

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of this hearing yes i have and do you waive the reading of the refusal and stipulate to its

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accuracy yes i do thank you so much you can proceed with your case by sharing your screen

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chair we have a dominic long with their hammers

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i believe that's from council council president's office oh sure um

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Why don't we bring her on and see what it's about?

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Could you please let her come forward, please?

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They're being promoted now.

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Right.

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Yeah.

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Hello?

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Hi, how are you?

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Could you please state your name and spell it for the stenographer?

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Yes, my name is Dominic Long.

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Could you spell that, please, for the stenographer?

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Yes, D-O-M-I-N-I-C-L-O-N-G.

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You swear or affirm to tell the truth,

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told truth, nothing but the truth?

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Yes.

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So, sir, we're on 1101 Catherine Street.

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We're just starting the case.

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Okay.

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Oh, good.

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If you want to make comments now, it's fine.

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Yeah, I was going to say that.

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We'll take you.

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The second district office does support the 1101 Catherine.

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Thank you very much for taking the time to call us.

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We appreciate it.

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um council yes thank you so much mr chair um and thank you uh to uh mr long and the council

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president's office for the support of this project um uh mr chair i'm here again on behalf of uh

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benchmark real estate partners uh henry sullivan beside me and ken penn in the virtual audience

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we also have katie burrell of the design team in the virtual audience

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And I understand that Representative Miss Anne of Hawthorne.

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And I understand that Representative Ms. Anne of Hawthorne Empowerment Coalition is in the virtual audience as well.

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We really want to thank Hawthorne Empowerment Coalition and the Council President's Office for their continued support and engagement throughout this process.

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It is certainly a testament in part to the project just a couple blocks down the street on your screen at 13th and Bainbridge.

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named the Parker consisting of 47 units of mixed income and affordable housing that was

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recently constructed and also a testament to the ownership's continued engagement since that time

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with the council office and HEC Hawthorne Empowerment Coalition on this project which is

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a couple blocks away at 11th and Catherine. It is the long-standing macaroni building.

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It was constructed, it's 38,000 square feet. It was constructed in 1914 and once the historic

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centerpiece of the once industrial Hawthorne neighborhood. The building has been owned or was

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owned continuously by the macaroni building family, although its headquarters in the

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1970s moved further into South Philadelphia. And most recently, the property has been mostly

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vacant. This is the existing property, an aerial of the existing property. And here you can see

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the ground level view of the property the macaroni building so the macaroni company has maintained

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small offices on the ground floor however the property has otherwise been mostly vacant

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despite extensive efforts to find a commercial or industrial user of the property by ownership

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um uh you know the the main issue being um that this is a pre-war building that fills the entirety

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of the 13 000 square foot lot uh without adequate uh parking or loading on site for modern commercial

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vehicles and of course it's now surrounded by a residential an overwhelmingly residential not

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commercial industrial neighborhood and that is the issue at the heart of refusal here

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that the you know residential use is expressly prohibited in the icmx district

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and that parking on site is required the owner was able to secure the code amount of parking

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required by this legacy icmx zoning uh all on the block same block of catherine street

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um and as i mentioned uh the the sole remaining issue and the reason for this variance is that

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the permitted uses have become incompatible with the surrounding neighborhood uh the proposal here

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However, is for minimum modification of the building and not only in the scope of the plans, which I'll pull up in a moment, but also within the scope of a very detailed community benefits agreement that ownership worked out with Hawthorne Empowerment Coalition, detailing everything from local hiring to tree plannings and their placement to street sweeping for neighbors.

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on the block. This is the zoning map. You can see this ICMX designated parcels, one of the last

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to remain in this neighborhood. In fact, the ICMX you see pictured on the block to the north is

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