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Hearing video

ZBA Hearing - September 20, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Sep 20, 20223h 36m

of the apartment. But here's the lot size, Mr. Chairman. It's gigantic. And basically,

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we have a vacant commercial in the rear, restaurant in the front. And this is a

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non-profit, which is taking up this entire parcel. And the one bedroom is above the non-profit.

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So we are asking, again, just another site plan to show the board that there's a rather large piece.

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We're asking that this property be legalized.

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Again, with the first one, Mr. Chairman, we don't have any violations.

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We're coming to the board with our arms out saying, look, here's what it's been used for,

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and here's what we'd like to have legalized within the zoning records.

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And I actually can show you the other zoning records from the past, which indicate that there have been zoning uses such as these projects in the past.

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So with that, I would rest and ask that my client adopt my testimony or we hear from the Planning Commission.

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All right. Mr. Snowden, just mention your name, please. You've already been sworn.

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Mr. Snowden, can you raise your hand again?

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Maybe you should just stay unmuted for everything.

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All right. Mr. Clinton, you're the officer of the court. We will take your testimony.

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Go ahead, Henry.

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Mr. Snowden, again, have you been on the call during the presentation of 8624 Germantown Avenue?

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Yes, I have.

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If you had the opportunity to testify, would you adopt my testimony as your own?

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Yes, I would.

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Yes, I would, sir.

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Thank you, Mr. Snowden.

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Questions from the board?

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No, Mr. Chairman.

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questions or comments from the virtual audience

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planning commission thank you chair bergman ian hegarty for the philadelphia city planning

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commission board members the comprehensive plan recommends a zoning map amendment to cmx 2.5 at

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this location as well the proposed use conforms to the recommended zoning and so the city planning

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commission recommends that the board grant the variance. MI 2021-003-131-8624-26

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Germantown Avenue. I vote yes. Carol Tenneri, my vote is yes.

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James Snell, my vote is yes.

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thank you my vote is yes

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okay we have the votes mi 2021 004 356 18 hilltop road

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morning again mr chair members of the board henry clinton on behalf of the applicant

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Bowman Properties Limited. This request is to convert the entire commercial building,

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which is a small building, and you'll see it really looks like a residential building,

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into commercial use. Right now, the current use is first floor vacant office and has been vacant.

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And the second floor is a two-bedroom apartment. We're asking basically to convert the commercial

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on the first floor to a two-bedroom apartment. So we'll have two apartments at this location.

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Again, my table of contents, AA through A10, I asked to be introduced into record as well

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as my opening statement at the outset of the presentation of these nine cases.

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This is the overview that we gave the community again.

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I'll get right to the heart of the presentation.

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Refusal, here's that reference I made at my opening statement.

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this is cmx1 abutting rsa3 uh so we did get a review

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This is CMX1, a budding RSA3.

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So we did get a refusal saying you can't have two residential units in this particular space

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because the first floor, or at least one floor, should be commercial, hopefully the first floor.

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These are the letters of support from the various stakeholders, which we've spoken about before.

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And this is the photograph of the front of the property.

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Again, it looks like a house.

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It really does.

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It was a vacant, I mean, it wasn't an office for many years.

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It's now vacant.

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It's not on Germantown Avenue. It's off the Avenue. Difficult to rent as a commercial space.

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So again, in line with Ms. McCauley, we thought this would be the time to make this

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a fully occupied space and convert the first floor to a two-bedroom apartment.

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We're going to raise the sill on the window, the proposed apartment. Entrance is over on

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left-hand side. Again, some more photographs really to show the board that it really looks

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like a house, not like a commercial space. It is not, definitely not a storefront.

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Could you, could you have Mr. Snowden adopt your testimony?

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Mr. Snowden, are you still on the call?

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Mr. Clinton, you're an officer of the court.

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Yes, I'm here. Yes, I adopt the testimony.

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Okay, questions from the board?

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No, Mr. Chairman.

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No, Mr. Chairman.

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And Mr. Chairman.

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All right, questions or comments from the virtual audience?

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Planning Commission.

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Thank you, Chair Bergman.

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Ian Hegarty for the Philadelphia City Planning Commission.

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Board members, the comprehensive plan recommends a zoning map amendment

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at this location from cmx1 to rm1 multifamily the proposed use is consistent with this

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recommendation and so the city planning commission recommends that the board grant the variance

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thank you mi 2021-004-356-18 hilltop road i vote yes

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thomas my vote is yes james snell my vote is yes carol tennery my vote is yes

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no shaheed my vote is yes okay thank you let's move on here to let's see here

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7928

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um next one 7928 what number is that anybody have it in front of them

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MI004 I have it yet MI2021 004 363 7928 Germantown Avenue

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Letters of support from all the existing RCOs and the council person.

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Good morning, Mr. Chairman and members of the board.

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Henry Clinton for the applicant Bowman Properties Limited LTD.

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Table of contents in my presentation package AA through A10,

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which I ask to be incorporated into record,

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as well as my opening statement at the outset.

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This is the overview that we have for each project, and I'll get right to the heart of it.

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Basically, we're asking for an addition of one apartment in this commercial space.

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Refusal, again, CMX1 is abutting RSA3, and the refusal is multifamily household living is prohibited in this zoning district.

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here are the letters of support from the stakeholders and this is a photograph of the

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property retail is on the first floor this is what the properties used to look like before

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mr snowden was able to reconstruct and make them look like they used to and here's the issue

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this is an alleyway between the two buildings and this is where we're going to put an apartment

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in the rear of the first floor.

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The property was purchased in 1993,

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and we just think it's time

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to make the commercial space

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a little bit shallower

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and add the residential space.

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Here's the view of the rear of the property.

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There's already an apartment upstairs.

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We're going to have another apartment

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on the first floor.

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and bring more vibrancy to the neighborhood,

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bring more individuals to the neighborhood.

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Again, Mr. Chairman, I don't want to belabor the point.

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This is pretty straightforward.

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And I would entertain-

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On this one, you're reducing the size of the commercial.

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on this one yes by about 810 square feet and then make a an apartment of a similar size

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On this one, yes, by about 810 square feet.

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this is really right here this is a synopsis we're reducing the size of commercial uh and

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then taking the reduction in the commercial and converting it into a one bedroom one bath

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no change in the apartments excuse me mr clinton this is hillary um just to clarify

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by the commercial space is currently vacant.

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Mr. Snowden, can you answer that question?

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Mr. Snowden, you're available.

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You just need to unmute yourself when a question is there.

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I can answer that, I can answer that.

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It's empty right now and it's gonna be marketed

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as a retail shop or a gallery.

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Thank you, Ms. Emerson.

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Okay, thank you.

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I have Mr. Snowden adopt your testimony, please.

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Mr. Snowden, are you still on the call and can you adopt my testimony as your own and as true and correct?

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Mr. Snowden, can you unmute yourself?

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Mr. Snowden.

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Mr. Flint.

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Yes, yes, I can. It would help if you didn't mute me after each one of these because the unmute button doesn't come up.

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But yes, I'm happy to adopt it.

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That's the nature of it. We will meet you to prevent feedback and you can just unmute yourself when you're asked a question.

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Yeah. Thank you very kindly.

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I appreciate that.

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Questions from the board?

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No, Mr. Chairman.

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No, Mr. Chairman.

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

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planning commission thank you chair bergman ian hegarty for the philadelphia city planning

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commission members of the board the comprehensive plan recommends a zoning map amendment here as

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well from cmx1 to cmx2 the proposed use is consistent with the recommended zoning so the

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City Planning Commission recommends that the board grant the variance. Thank you. MI 2021-004-363-7928

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Germantown Avenue. I vote yes with proviso. Use registration required prior to occupancy for

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commercial space. Carol Tenere, my vote is yes with proviso. Thomas Tollum, my vote is yes with

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James Snell, my vote is yes, with proviso.

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Shahid, my vote is yes, with proviso.

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Thank you.

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MI2021-004-360-8137 Germantown Avenue.

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Thank you, Mr. Chairman.

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Good morning, Mr. Chairman.

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I'm with the board.

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Henry Clinton for the applicant,

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Boomer Properties Limited,

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concerning 8137 Germantown Avenue.

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Again, my presentation package, ISB Incorporated, Exhibits AA through A10, as well as my opening statement at the outset of the presentation of these nine properties.

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These are the introduction to the community that I've been through several times, and I'll get right to the heart of the matter.

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the refusal again is a cmx1 abutting rsa3 and the proposed use three dwelling units is

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expressly prohibited we're not we are having three dwelling units because there's three

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separate buildings in this package and i'll explain to you why the refusal came back the way

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it did nevertheless these are the letters of support from the community organizations

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which are referenced in my table of contents and this is part of the property so basically

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there's three properties on this one address and you can see this property is 8137 Germantown

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Avenue this has an address of 1416 east to Hartwell and this is 10 east Hartwell but when

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When you apply for this application, it has to go under the address of 8137 to 39 Germantown Avenue.

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Nothing is being done with this building to the right.

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Nothing is being done with the building in the middle.

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The building at the end right now is first floor vacant, second floor vacant.

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And it is a budding residential area, and it's more attuned for residential.

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So the proposal before the board is to make this cottage, and that's really what it is, a residential cottage, and that it become an 805 square foot cottage.

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cottage. It's really, again, if you look at it, you would think it's residential,

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It's really, again, if you look at it, you would think it's.

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it's perceived as residential, and it really should be residential.

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So nice terrace in the back. So we're asking that the commercial nature of this building

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be entirely switched to residential because it is vacant and it's difficult with all these

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properties. It's been difficult to rent them, and that's why we're here. My client's in the business

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of having people occupying the properties. He doesn't want vacancies. So again, a summation

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converting the cottage into an 800-square-foot, one-bedroom, five-level home, deck, shared

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courtyard, parking, and no change to the other properties, Mr. Chairman. So Mr. Clinton, the front

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of Germantown Avenue would still be commercial? Correct. Okay. Have your testimony adopted,

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please. Mr. Snowden, can you raise your hand? Mr. Snowden, you can unmute yourself, please?

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Yes, I am unmuted, and I adopt the testimony on this property. Questions from the board?

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no mr chairman questions or comments from the virtual audience

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planning commission thank you chair bergman ian hegarty for the philadelphia city planning

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commission board members the comprehensive plan recommends a zoning map amendment from cmx1 to

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cmx2 at this location the proposed use is consistent with the recommended zoning and

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And we also note that it's directly related to the existing physical configuration of the multiple structures on this lot.

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City Planning Commission recommends that the board grant the variance.

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MI 2021-004-360-8137, Durham Town Avenue. I vote yes.

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Carol Tenere, my vote is yes.

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Thomas Holloman, my vote is yes.

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James Snell, my vote is yes.

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Ishmael Shaheed, my vote is yes.

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number seven on our list mi-2021-004-361-101 bethlehem pike

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letter of support from coordinating rco letter of support cheslin hill conservancy

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letter of support from cheslin hill business district

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what is your chairman members of the board henry clinton on behalf of bummer properties limited

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I present my package of exhibits, AA to A10, which I asked to be incorporated into the record,

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as well as my opening statement made at the outset of the presentation of these nine properties.

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The first exhibit is the presentation that we made to the community group,

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which I've already addressed in my opening statement.

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Again, Mr. Chairman, I'm putting this in each package for the record

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