civus
Hearing video

ZBA Hearing - February 14, 2024

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

Street and North 20th Street. Turning to the aerials for more context, you'll see the parking

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area in the rear of the structure that previously existed on this lot. In the side view here from

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the east, you can see that parking area very clearly. In the past, the accessory parking

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supported the operations of the previous two-story building, which was used for a variety of purposes,

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including as an office, medical facility, residential, and retail uses over the course

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of many decades. Turning to the photographs at Exhibit 13, you can see a better view of the

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long-standing historical conditions of this lot, which had as many as six spaces and was accessed

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from South 20th Street. And you can see that very clearly in these images. I'll briefly scroll

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through some additional photographs that show you the progression of the property. So again,

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this is slightly pre-demolition, the pre-existing two-story building. A view from North 20th Street

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where, again, you can start to see the demolition occurring. And just looking up towards North 21st

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Street along Spring Garden and looking the other way. And then I will scroll through. And again,

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And here are some photographs of a more current condition post demolition.

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post-demolition. So the building has now come down, which I will address.

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So the building has now come down, which I will.

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As you will see in this photo, post-demolition, the parking area in question, actually still

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remains in active use. You can also take note in these next two photographs of the off-street

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parking entrances immediately to the south, as well as to the east of this property, which also

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provide access to adjoining properties from South 20th Street. At zoning permit number ZP 2021-006222,

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issued July 6, 2021, this applicant was granted a buy-write permit to construct a new attached

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structure for use as a multifamily dwelling. While it is officially deemed a multifamily,

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this building is actually designed to house my client and his family. A building permit was

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subsequently issued at CP 2021-003149 in December of 2021, and construction of that new building is

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now underway. Accordingly, this application before the board today only seeks to re-legalize

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the accessory parking area in the rear, which was non-conforming while the old building remained

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intact, but must now be re-approved as a result of the new development. As you can see at Exhibit 6,

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the parking is accessed from an existing curb cut, which will be reduced from its current width of

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approximately 50 feet down to 30 feet. Two parking spaces are proposed, one of which will meet the

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dimensions to constitute an ADA accessible space. And again, this is really driven both by code

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requirements, as well as the client's own elderly parents that will be moving in here.

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I've also included a couple of renderings at Exhibit 7 for better reference as to what this

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building will look like, even though the building is not itself at issue before the board today.

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With respect to the refusal, only one refusal was issued because the zoning code would only allow

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accessory parking in the RM1 district if it can be accessed through a rear street,

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shared driveway, or alley, none of which exists at this property. South 20th Street,

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because it is a corner property, is considered a frontage for the property, not a rear.

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No other variances are necessary. As the board has seen, the applicant submits to a hardship

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in complying with the code requirement in light of the nearly 65-year continuous parking that

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has existed in this exact location by way of a curb cut that will be reduced through this

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application. In addition to the historic use, parking access along North 20th Street is

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consistent with other immediately adjacent properties, including across the street at

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1930 Spring Garden Street and next door providing access to the City View condominium parking lot.

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Given that the owner is merely seeking to restore the historical parking area, permitting the surface parking for less vehicles is unmistakably the least minimum variance.

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In granting this request, no congestion or harm to the neighborhood will result, nor will it impair any light and air.

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Instead, this request will ensure a new multifamily, by-right proposal is served by off-street parking.

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Additionally, due to the reduction in the curb cut, it is likely an on-street parking spot will be restored that has been unavailable for many decades.

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This section of North 20th Street happens to be one way headed towards Spring Garden, which results in a safe condition for drivers to access and leave this parking area without creating any pedestrian or vehicular conflicts.

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The structure itself is by right and already under construction.

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Full analysis of the proposal's complete compliance with section 143038E of the code is provided in the Memorandum of Law submitted to the board at tab 13, at tab 9, and I'd be very happy to touch on any particular point in more detail.

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At this point, if the administrator could find Rami Shraim and have him unmuted.

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Rami Shraim is allowed to speak.

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Good afternoon, sir.

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

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Do we see him?

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Yes, he was there.

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I don't see him at the moment.

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I'm not sure.

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not sure there he is he's back i will allow him to speak again

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There he is.

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He's back.

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I will allow him to speak again.

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sir could you state your name and spell please for the stenographer

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rami you have to unmute yourself

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hello sorry about that uh sure rami shrine r-a-m-y s-h-r-a-i-m do you swear or firm to

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tell the truth the whole truth and nothing but the truth i do please proceed counsel thank you

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rami have you heard all of the uh testimony and exhibits that were offered in front of the board

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today yes and would you agree that that testimony was true and accurate and would you adopt it as

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if it were your own yes thank you we're happy to take any questions you have questions from the

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board no no chair questions or comments from our attorney hillary emerson not at this time mr chair

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questions or comments from the virtual audience yes justin navarro has a hand up okay he's been

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allowed to speak i could you please state your name and spell for the court stenographer

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justino navarro j-u-s-c-i-n-o-n-a-v-a-r-r-o do you swear or affirm to tell the truth the

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whole truth and nothing but the truth. I do. Please proceed. Good afternoon, Mr. Chair.

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Good afternoon. Pleasure to be here and see you guys once again. We met with Mr. Shryman and

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Councilor Scherliger on January 9th. That's the Spring Garden Civic Association and its zoning

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committee. And I'm here in representation of both. And also members of the Logan Square

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Neighbors Association were also present at the meeting, as well as the immediate neighbors. And

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this is a project that we support. The applicant has been very accommodating with regards to

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the construction of the property and this specific variance. I would like to note that

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returning to the public realm will be an additional 20 feet of car space where

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perhaps one, 1.5, or maybe even two cars to be accommodated. And we would urge the board

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to grant the variance as requested.

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Thank you, Mr. Chair.

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Thank you, Mr. Navarro.

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Thanks for calling 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, Molly Gallagher has a hand up.

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She'll be allowed to speak.

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Hi, could you please state your name

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and spell for the stenographer?

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Hi, my name is Molly Gallagher.

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Can you hear me?

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I can.

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All right, it's Molly with a Y.

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Gallagher, G-A-L-L-A-G-H-E-R.

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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.

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Yes, I'm the immediately adjacent neighbor.

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You can see kind of the back of my building from the image on the screen.

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I participated or joined the RCO meeting when it was held virtually on this project, and I heard all the testimony today.

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And I support the application for the variants.

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I think it's very good for the community that we're going to add some additional curb space for community parking.

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And I would second Mr. Navarro's comment that Mr. Schraim, the applicant, has been very accommodating and productive to work with as we've gone along in this process.

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And I support the application.

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Thank you very much for calling us. We appreciate it. Is there anyone else in the virtual audience?

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There are no more hands, Chair.

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Planning Commission.

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Good afternoon. Can you hear me?

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We can.

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For some reason, my camera's not working. I apologize.

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Okay.

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Good afternoon, Chair and members of the Board.

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This is Greg Waldman with the Planning Commission staff.

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Greg, Greg, could you, Greg, spell your name for the, and your camera works fine now, by the way, could you spell your name for the sonographer?

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Sure, Greg Gregory, G-R-E-G-O-R-Y, last name Waldman, W-A-L-E, as in door, M-A-N.

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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, Greg.

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In 2016, the zoning map was amended from Residential Multifamily 4. The Residential Multifamily 1 at this location with the support of the community. The proposed accessory parking use is consistent with the documented prior use of the property. The Planning Commission recommends that the Zoning Board grant the variance.

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Thank you. MI 2023-006-507, 2000 Spring Garden Street, I vote yes.

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Thomas Holliman, my vote is yes.

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James Snell, my vote is yes.

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Jane Snell, my vote is yes.

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Thank you, counsel.

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Thank you, counsel.

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Thank you very much.

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Thank you very much.

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Number two here.

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MI 2023-006-505, 1638 South 56th Street.

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Alan Nockmson is the attorney.

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There's a letter of support from the Southwest Philadelphia District Services.

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alex goldberg is coming in as a panelist here okay thank you you're welcome

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good afternoon mr chairman i'm alex good afternoon could you state your name please

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and spell for this sonographer sure alex goldberg a-l-e-x g-o-l-d-b-e-r-g

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Do you swear for them to tell the truth, the whole truth, and nothing but the truth?

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I do.

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

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Sure. My client is J.N.K. Vincent, Enterprise, LLC, and its representative, Jessica Vincent, is in the audience.

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Okay. And Mr. Holloman has a few questions.

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Good afternoon, sir. Do you agree to waive the readings? I'm sorry, not that part.

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

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I did thank you please proceed and share your screen

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all right are you able to see my screen Mr. Chairman we can Alex great again I'm Alex

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Goldberg of Nockmson, PC. I'm here with Jessica Vincent, who's a representative of J&K Vincent

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Enterprises, LLC. We're seeking a variance for a two-family dwelling at 1638 South 56th Street.

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Got a brief presentation, including a letter of support from Southwest Philadelphia District

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Services. And then I'm happy to bring my client on to adopt my testimony. So here's a table of

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contents. First is the notice of refusal. We just have one refusal here for the use.

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than a letter of support from southwest philadelphia district services followed by a

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use permit showing that this property has historically been multifamily which sort of

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goes hand in hand with exhibit four showing that honestly the majority if not every single property

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on our stretch of south 56th street is a duplex we believe this property was built as such at some

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point the zoning changed and the licensing lapsed and the existing condition of the property is not

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great but it is laid out as a duplex we're keeping it the same way just going to add a lot of

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cosmetic improvements to the interior but this you know this approval if we're fortunate enough

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to receive it will actually bring this property into greater conformity with what's elsewhere on

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the block. The fifth exhibit is a real estate listing showing that this property is in fact

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advertised as multifamily. Number six is a zoning map and another map of the area followed by some

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photographs of the property and simple architectural plans and drawings showing the

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layout of the two units as they are currently and as they will continue to be. The RCO meeting

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notice showing that we met with the coordinating RCO on January 17th, as well as proof of mailing

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for that meeting, the application for appeal, the deed to the property, and certificate of tax

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clearance. So here's the first exhibit. It's the notice of refusal. It was issued in November of

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last year. You can see the applications for two-family use, and that's the reasoning for

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the loan refusal here. Again, this is an existing duplex that we're sort of seeking to legalize and

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and greatly improved the interior to have, you know, residents moving in there shortly.

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Here is the letter of support from Southwest Philadelphia District Services.

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We met with them in January.

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They were pleased that Ms. Vincent was cleaning up this eyesore

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and returning it to an asset to this block.

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We had a great conversation.

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They were supportive of her and what she's seeking to do here.

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Here's a letter sort of giving further justification for their support.

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Here's the use permit from quite a long time ago.

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It actually was shown as a two-family as the present use at this time.

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The owner at that point had converted it to three families.

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Again, we're only seeking two units here and just sort of showing that this property has

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a long, long history of multifamily use.

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Here's those nearby multifamilies.

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These are we just we just pulled sort of documentation from public record showing the actively licensed.

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sort of documentation from public records showing the actively licensed duplexes. There are many

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that don't fall into that category, but I'll just sort of click through them here all along South

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56th Street. You know, just visually looking at the property, these appear to all have been built

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at the same time, probably all have the same layout. Our property, unfortunately, just needs

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to go through this process to get the paperwork straightened out. Here's a red fin listing. Most

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importantly i've highlighted in red you know this actually identifies it as five plus units

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obviously that's not the case but it is being advertised was being advertised at the time my

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client bought it late last year as a multi-family structure here as well multi-family here and

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multi-family here as well here's an atlas map showing that we are on south 56th street near

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the intersection of Chester Avenue. We are one of the last structures on our end of South 56th

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Street before the Chester Avenue properties. Here's Google Maps perspective and some photographs.

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So this is the front of the property. A little hard to distinguish which property is ours and

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which are the neighboring ones. It's probably easiest just to draw an imaginary line down from

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the corners line here. There are two existing doors at the front of the property. There's one

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that you can see very clearly here there's another one behind this pillar so each unit has their own

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entry point and as you'll see on the floor plan they both have rear rear egress the upper level

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with a rear stairwell that both lead out into the rear yard so two ways in and two ways out

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independently for each unit here's the zoning notice posting

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