civus
Hearing video

ZBA Hearing - February 14, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Feb 14, 20245h 47m

um just very briefly uh we are reiterating i i just want to point out one thing again in response

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to our council's testimony um we're not quite in full understanding of of the fact of why it

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happened. But the visitor accommodations ruling was introduced in the change in the zoning code

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in 2013. This property was purchased in 2020, when there had already been discussions about

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how to focus and execute a more successful introduction of that 2013 change in the zoning

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code. And so we're a little at a loss with this case and some other cases that we've heard,

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which have been properties acquired recently, probably in the knowledge that Airbnbs were to

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be restricted by the city. So we're a little less sympathetic in this case because of the date of

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the acquisition. But otherwise, my testimony from the previous case holds. Thank you, Mr. Hunter,

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for getting back on. We appreciate it. Is there anyone else in the virtual audience?

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I see no hands, Chair.

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My Planning Commission.

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Thank you, Chair Bergman, Sarah Bond, Philadelphia City Planning Commission.

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The comprehensive plan recommends no change to the existing residential single-family zoning.

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The appellant has not shown that the property cannot possibly be used in strict conformity with the zoning code and that a variance is therefore necessary to enable the viable economic use of the property.

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The City Planning Commission recommends that the Zoning Board deny the variance.

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Thank you.

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So MI 2023-005-100-4444 Silverwood Street, I vote yes for a temporary variance that expires

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2-14-27.

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Thomas Holloman, my vote is yes with proviso.

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So, James Snell, my vote is yes with Proviso.

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Thank you, counsel.

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Thank you.

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Okay.

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Number 14, MI 2023-006-255-5834 Belmar Street.

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Henry Clinton is the attorney.

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There's no RCO letter, but there was a meeting.

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There's no RCO letter, but there was a meeting, Howard, on 1-29-24.

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Howard on 129-24.

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Council Member Gauthier has taken a position of support for this project.

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Mr. Chair, we did just get a letter this morning of support with provisos.

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provisos i'm still looking at it from the um i believe empowered cdc is part of the

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um southwest philadelphia consortium so craig melidozian who i believe is also on

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okay did submit a letter of support um with with provisos mr clinton could you please state your

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name is spelled for the court stenographer sure good morning mr chairman henry clinton

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H-E-N-R-Y, Clinton, C-L-I-N-T-O-N. Right. Do you swear or affirm to tell the truth,

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the whole truth and nothing but the truth? I do. But you identify your client,

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the relationship to this property. Sure. My client is Jonesy's, J-O-N-E-S-Y

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Properties, LLC, and the principal, Jeffrey, J-E-F-F-R-E-Y, Jones, is on the call.

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Okay. And Mr. Hallman has a few questions for you, sir.

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good morning council do you agree to waive the reading of the refusal and stipulate to his

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accuracy i do mr hallman did you email all the exhibits and documents as required five days in

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advance to this hearing i did thank you please proceed and share your screen thank you uh mr

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chairman before i got on you said there was a comment from the councilwoman but i i didn't hear

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because I was transitioning in.

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Yeah, so the council member

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has taken a position of support.

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Our office has been included

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on the communications

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between the RCOs and the applicant

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regarding some revisions

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related to design and operational matters

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based on what we understand

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to be good faith agreements

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made to this point.

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Our office supports

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the granting of the variance.

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That's good.

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I appreciate that, Mr. Chairman.

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Thank you.

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So may I proceed?

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Please. So this is the cover sheet for the project table of contents, A1 through A10,

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which I asked to be admitted into evidence today. The refusal, this is a straightforward refusal.

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This is an RSA 5 zoning district, and the request is for a two-family household living.

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And we're going to show the board, hopefully, that because of the economic viability issue,

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that the only type of structure that can be built on this particular block is a two-family dwelling

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because a single-family dwelling, as evidenced by the few vacant lots on the street,

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a single-family is just not viable because the cost of construction far exceeds

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the market values of the homes on the block.

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And as the council for the ZBA just mentioned earlier,

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We did receive a letter of support from the consortium of all the RCOs in southwest Philadelphia, which is a hurdle unto itself, but they are in support of this project with a number of provisos, all of which we've agreed to, and we will sign something to that effect after this meeting.

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We've exchanged the document back and forth.

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There's just some minor issues to resolve.

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We also went door-to-door on the block, my client did, and we were able to get 11 signatures from the 5800 block of Belmar.

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There are signatures from other blocks surrounding, but there are 11 from Belmar, Terrace 58, 14, 12, and 24, 26, 36.

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and I'm going to show you some photographs for perspective so that the property is this empty

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lot in the middle of the block it's been empty for some time I've not been able to establish

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how long it's been vacant but you can see there's only a few vacant lots on the block

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and most of them have been vacant for some time including this corner lot at the far left

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this is the block it's a neat block well maintained and what was important to the

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community group, if we're going to suggest a two-family dwelling or any structure on the

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block, was that you try to meet the character of the block. West Philadelphia, as your chairman

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knows, is a neighborhood of porches, and there's 48 homes on this block, all of which have porches.

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Our property project will have a porch. It will mimic the facades of the other properties on the

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block. It will have red brick on the first two stories. It will mimic the bays on the second

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floor to try to blend in as much as possible with the existing block. Again, a straightforward view

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Again, a straightforward view of the vacant lot, our zoning notices, and here is the plan, and this is what we presented to the consortium.

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of the vacant lot.

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Again, first floor, nicely pointed porch with a roof on top of it, a three-angle bay to mimic what's on the block, and then there is a third floor so that you can have two-family living on the street.

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On the back of the property, again, the neighborhood likes brick.

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The client is going to install brick on the back of the property.

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The floor plan, pretty basic.

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First floor or second floor will be one unit.

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Second floor or third floor will be another unit with basically two bedrooms on each.

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No rooftop deck.

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The neighborhood is not really in favor of rooftop deck.

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So, again, we try to conform with what the remainder of the neighborhood is and what the community groups want.

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The remaining documents are the typical documents you would see in such a presentation as a tax clearance is here.

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The zoning map, again, RSA 5.

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So, you can see from the map, Mr. Chairman, and I've counted them, there's 48 homes on this block.

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And when you look at the OPA records of the 48 homes, 29 homes, the market value, and as you know, the assessments in Philadelphia are geared to the market value.

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The market value of 29 of the 46 homes on the block are $83,000 in change, like $83,000, $83,600.

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There's three properties at $50,000.

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There's three properties at $11,700.

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I think they're the vacant lots.

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And then there's four properties on the block that are in excess of $100,000.

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So my client will testify that if he had to build a single family home on the block, the cost of the construction would far exceed the market value.

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And this probably explains why there are still some vacant lots on this block, because as I said, it's a real neat block.

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It's well-maintained, but no one has really taken a stab at building a single-family home on this particular block.

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This is the deed indicating Jonesy Properties owns the property.

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Notice letter to the surrounding neighbors indicating that we did mail out 153 letters to the surrounding neighbors.

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And that's a presentation, Mr. Chairman.

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So in conclusion, we are not going to impact any adjacent properties later air or the development of any adjacent properties.

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We're taking a long vacant lot and putting it on a structure that's going to be residential in use, not commercial.

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We are in harmony generally with the code because it is residential.

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And we're certainly in harmony with the wants, desires, and needs of both the Councilwoman, as well as the consortium of numerous RCOs in Southwest Philadelphia.

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And with that, I'd ask...

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You want your client to come on, please, sir?

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Mr. Jones, can you unmute yourself? And I'll ask you a few questions.

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Mr. Jones, can you raise your virtual hand, please?

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the only person that has a hand up is never mind here's um nehemiah jones i will allow to speak

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good morning sir could you state your name please and spell for the court stenography

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mr jones you have to unmute yourself

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he's unmuted good morning mr jones

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Mr. Jones?

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Okay.

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Mr. Clinton, he apparently has a hard time getting in.

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You're an officer of the court.

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We will accept your testimony.

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Questions from the board?

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No, Mr. Chairman.

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No, Chair.

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Questions or comments from our attorney, Hillary Emerson?

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not at this time mr chair questions or comments from the virtual audience

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yes chair thomas g has a hand up and i will allow him to speak okay

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good morning hello all right could you state your name please and spell for the court stenographer

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Thomas G.

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T-H-O-M-A-S-G-E-E.

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

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Yes.

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Are you a neighbor?

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Yes, I am.

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I live a couple doors from the lot.

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Please proceed, sir.

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I've spoken with some of my neighbors and explained some of the things that I have heard.

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Uh, I understand about the difference in putting a single family unit in with the expense.

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I understand about the difference in putting a single family unit in.

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So I would really like to have something done with that lock because it has been vacant for a long time.

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And, uh, the next door neighbor, he also doesn't have a problem with it being done there.

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Um, Mr. G, thank you so much for taking the time to call it in.

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We appreciate it.

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Is there anyone else in the virtual audience?

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Yes, Chair Craig Melodosian, and he will be allowed to speak.

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Good morning, sir.

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

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Craig C-R-A-I-G, last name Melodosian, M-E-L-I-D-O-S-I-A-N.

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Right.

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

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I do.

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Please proceed, sir.

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Thank you.

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I'm appearing this morning as the zoning liaison for Empowered CDC, the coordinating RCO.

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I just want to indicate that the testimony that's been given here is very accurate.

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We have a high level of confidence in Hank Clinton and the way he's handled this matter, including negotiations right up through yesterday.

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The Jones family has been responsive to needs and desires that were expressed by Thomas Gee, who is the block captain and a near neighbor.

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Again, we have a high level of confidence.

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They've seemed to be making every effort to blend this into the fabric of the community.

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The property has been vacant for some years.

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It was a PHA property that sustained significant damage and was demolished and not replaced.

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It is adjacent to two very nearby scepter roots, so we think two units is great.

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We have at least, we believe, three additional buildable lots on the block,

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and we're hoping that such an accommodation that you may afford us, the developers in the community

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here, will be able to help us get some additional infill housing on that block. Thank you very much.

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Thank you, Mr. Maldosian. We appreciate your comments. Is there anyone else in the first audience?

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No more hands, Chair. Planning Commission.

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Thank you, Chair Bergman. Sarah Bond with the Philadelphia City Planning Commission.

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In 2019, the zoning map was amended to RSA 5 at this location in accord with recommendations from the comprehensive plan.

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The appellant has not supported their hardship claim with evidence of unique physical circumstances or conditions of the property.

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The City Planning Commission recommends that the zoning board deny the variance.

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Thank you.

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MI 2023-006-255-5834 Belmar Street, I vote 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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Thank you.

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You have your vote, sir.

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Thank you, Mr. Chairman.

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Okay.

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Number 18, MI 2023-005-033-2425-33, Welsh Road.

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Vern Anastasio is the attorney.

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At this point, we do not have an RCO letter, but we do know there was a meeting on 131-24 by the Northeast Community Civic Association.

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Vern Anastasio has been promoted.

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Counselor, you've already been sworn. Could you just state your name for the record?

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Yes. Good morning, Mr. Chair. Vern Anastasio on behalf of Sandhu Charita.

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Okay. Mr. Holloman has just a few questions, sir.

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Thank you.

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Good morning, counsel. Do you agree to watch the reading of the refusal and stipulate to his accuracy?

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Yes, sir.

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Did you email all of the exhibits and documents as required five days in advance of this hearing?

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Yes, sir.

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Thank you. Please proceed and share your screen.

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