civus
Hearing video

ZBA Hearing - October 2, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Oct 2, 20245h 55m

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

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I do.

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Please proceed, counsel.

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Good afternoon, Mr. Campbell.

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Did you hear my testimony just now regarding your situation at 1313 North 22nd?

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Yes, I did.

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Did I explain that fairly accurately?

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Yes.

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Okay.

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Do you have anything you want to add, or would you like to adopt my testimony as your own?

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I'll adopt your testimony.

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Thank you.

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Thank you. Nothing further.

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So, Mr. Counsel, to make it, he built a property thinking he owned a parcel, and part of the parcel was still owned by the city or PHA.

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Well, during the purchase and build process, the city was consolidating a bunch of lots that were vacant in this area to set up a development agreement with someone like my client, Chivetta, that I've been in front of you all.

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right right and so but his property was already built his property was already built correct the

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city was unaware that about what was going on and it must have been that they had those wheels going

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before he purchased it questions from the board

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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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I see no hands, Chair.

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Planning Commission.

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Thank you, Chairman, and good afternoon.

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David Fecto with the City Planning Commission.

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Chairman and Board members, the comprehensive plan recommends a change in zoning at this location from RM1, residential multifamily, to RSA5, residential single family.

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The appellant proposes to subdivide 1313 North 22nd Street from a larger assemblage at 1313 to 1321 North 22nd Street.

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An existing structure stands on the proposed lot B, which will not comply with the dimensional requirements of the zoning code.

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The City Planning Commission recommends the board grant their proposed dimensional variance for minimum lot size.

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However, we do want to note that the appellant, whether knowingly or unknowingly, built an encroachment of their patio into their neighbor's parcel on Seibert Street, so that will need to be resolved.

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The counsel?

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Patrick would have to speak to that. This is the first I've heard about Seibert Street and any kind of encroachment. Patrick, are you there still? Are you aware of that?

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Patrick Campbell, please unmute yourself.

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Okay, I'm unmuted, I believe.

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So I'm unaware of a patio that exists that encroaches, but if there's any encroachment, I will certainly take care of it immediately.

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I just, yeah, I'll take care of that if that's an issue.

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MI 2024-004-670-1313 North 22nd 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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Cheryl Gaston, my vote is yes.

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Tanetta Graham, my vote is yes.

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Tanetta Graham, my vote is yes.

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I await my vote is yes.

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Thank you.

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All right, thank you.

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Thank you, Mr. Consul.

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Number 11, MI 2024-004-737-2472-74, Frankfurt Avenue.

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Vern Anastasio is the attorney.

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there's a recommendation of unanimous support from the east kenton neighbor association vote

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was 10 to 0. they're also a letter of non-opposite from councilmember squiller

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good afternoon mr chair council we blew i spoke with you once today just for the record mention

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state your name? Yep, Vern Anastasio.

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On behalf of my client, Ella Bergdahl

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Oberhammer. Our place share has a few questions for you, sir.

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Thank you.

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Good afternoon, counsel. Do you agree to either read another refusal or stipulate to its accuracy?

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I do. Have you emailed in all the required documents and exhibits that's needed

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to proceed with this case five days in advance of this hearing? I have.

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Thank you, counsel. Please proceed and show your screen.

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Thank you.

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Mr. Chair, members of the board, this is a special exception for a tattoo parlor, ostensibly Body Arts Studio.

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And we have a 64-page exhibit packet, including, as you mentioned, overwhelming support from the RCO.

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and what's not included in this packet

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but was sent separately

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is a letter of non-opposition

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from Council Member Squilla's office.

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There's the application

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that generated the refusal

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on the 21st of June.

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Here's the letter of non-opposition,

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full support,

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unanimous support

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from the community group.

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here is the layout of the second floor it's this is located on the second floor of this

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property so i'm going to be asking uh when the vote occurs if you could please identify the

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space as the second floor only

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you know waiting room there's a little kitchenette for staff there's a public restroom and then the

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space where the tattooing takes place. This is the property question. You can see the first floor

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is already occupied with a very vibrant business, very popular, and the second floor space is where

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my client will operate. This is, again, a tattoo studio, second floor only, primarily by appointment,

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seven to eight hours a day, six days a week, no late night hours. Maybe at some point,

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if things go well, two or three artists. My client has been in this line of, in this industry for

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a decade. There'll be, of course, commercial trash pickup, hazmat materials will be dealt

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with per the code, the health code. Given there is no opposition, I ask that my client

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raise a virtual hand to adopt my presentation as her own.

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What's your client's name, Mr. Anastasia?

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Ella Bergdahl Oberheimer.

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Ms. Oberheimer, please unmute yourself and wait for the chair.

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Could you please state your name and spell for this stenographer?

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Hi, yes, my name is Ella Bergdahl-Oberhammer, E-L-L-A-B-E-R-G as in dog, D, well, sorry, G as in girl, D as in dog, O-L-L hyphen, Oberhammer, O-B as in boy, E as in electric, R, and hammer, like the tool, H-A-M.

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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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Please proceed, counsel.

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Thank you, Mr. Chair.

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Ella, did you hear my presentation to the board this afternoon?

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I did.

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Is it true and accurate to the best of your knowledge?

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It is, aside from one thing which I would like to correct, which is that I have been in the industry for eight years, not over a decade.

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Fair enough.

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That's close. I know, but I just want to thank you. Do you adopt my presentation as your own? Yes. Thank you. Nothing for you, Mr. Chair. Questions from the board.

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That's close.

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I know, but I just want to be honest.

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Thank you.

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I want to be on.

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No, I'm glad.

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Questions or comments from our attorney, Hillary Emerson.

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um just briefly in light of mr anastasio's comments that this is going to be on the second

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floor um if the board is inclined to approve i suggest a proviso indicating the use is limited

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to the second floor thank you questions or comments from the virtual audience

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okay planning commission thank you chair bergman and good afternoon david vecta with

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the City Planning Commission. Chairman and board members, the comprehensive plan recommends no

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change to the CMX2 commercial mixed-use zoning at this location. The appellant has shown that

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the proposed body art services will have no detrimental impacts to the neighborhood beyond

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what might be expected. The City Planning Commission recommends the board grant a

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proposed special exception for body art services. MI 2024-004-737-2472-74, Frankfurt. I vote yes.

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Proviso, use limited to second floor. Michael Johns, my vote is yes with Proviso.

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Cheryl Gaston, my vote is yes with Proviso. Sonata Graham, my vote is yes with Proviso.

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Ryan Wynn, my vote is yes with Proviso.

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Ishmael Shaheed, my vote is yes with Proviso.

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Thank you, counsel.

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Thank you.

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All right.

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Number 13, MI 2024-004-761-610 West Norris Street.

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Alan Nockmson is the attorney.

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There's a letter of support from APM.

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Five in support, one opposed, one undecided.

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Alan Nockamson is coming in as a panelist now, Chair.

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Hi, counsel. Could you please state your name and spell for the court sonographer?

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Alan Nockamson, A-L-A-N, last name Nockamson, N-O-C-H-U-M-S-O-N.

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We're a firm to tell the truth, the whole truth, and nothing but the truth.

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I do.

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Do you identify your client, their relationship to the property?

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Yes, my client is Enam Abazi, the owner of the property.

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Our vice chair has just a few questions for you, sir.

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Good afternoon, counsel.

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Do you agree to either read another refusal or stipulate to its accuracy?

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I do.

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Have you emailed in all the required documents and exhibits that's needed and required to proceed with this case five days in advance of this hearing?

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uh yes we have thank you california please proceed to share your screen thank you

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all right so i'm here to present uh 610 uh west north street um pretty straightforward project

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this is an rm1 property uh and you know we're a little bit short of the uh lot square footage

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to make it a quadplex um you know we're at 2.99 units um you know so we're looking to add four

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units and for this vacant lot um what we're proposing is not out of character to this block

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and we'll show you that um from a unit count perspective and we do have some de minimis

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dimensional variances, which mimic the property next door to us. So during our presentation,

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we'll first review the notice of refusal, which is for this RM1 property, a letter of support from

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APM, nearby comparable multifamily. So again, what we did was limit our search to this block

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in particular to show that, again, not out of character to have these many units.

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um aerial view of the property and the reason why i did that was to show you that the property next

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door to us on our street um also runs afoul of the dimensional requirements of the philadelphia

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zoning code all we're trying to do is mimic uh you know those uh the lots uh rear yard setback

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as well as coverage of our next door neighbor then maps of the area photographs of the property in

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the surrounding area, our plans and drawings, a copy of our meeting notice along with proof

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of mailing of that meeting notice, our application for appeal that I filed on behalf of ENOM,

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Filed on behalf of ENOM, the owner of the property, which is confirmed by way of that deed to the property, which is the next exhibit.

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the owner of the property, which is confirmed.

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And our certificate of tax clearance showing that he's paid all real estate taxes with respect to this property.

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At the conclusion of my presentation, I would ask that ENOM virtually raise his hand, be sworn in, and I'll have a few questions for him.

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So, again, this is an R-I-1 property, so it's allowed for multifamily use.

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It's 1,065.5 square feet, and we're looking to put a four-family dwelling here.

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We have a use refusal because, again, under the RM1 zoning classification, four units are not allowed as of right.

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Not out of character, though, because you'll see nearby properties which have a similar configuration in terms of unit count.

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And then we have a few dimensional variances, occupied area, percentage of lot area, rear yard depth, and rear yard area.

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Again, sounds like a lot, but next door to us, we just mimicked what's next door to us.

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We're not affecting anyone else.

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And you'll see also the property that's on the other side of us is a shorter property, where even if we complied with the zoning code strictly, we would still be, our building structure would still even be deeper than their lot.

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So there's no harm, no foul here under the circumstances.

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So we did meet with the APM group, and they supported the project. And in a good vote, five yes, one no, and one undecided. Sometimes it's hard. We present a lot in front of APM. That's actually a very well-attended meeting for APM.

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So it's really hard for people to get out there. So they meet in person. I believe there may be a hybrid function, but usually we'll have people meet in person.

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And, you know, for this group in this neighborhood, this is very well attended nearby property.

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So this is our property, 610. 612, as you can see, goes back rather deep, but that's a four unit.

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And then there's other like multi-units. There's a four here, a five here, a three here and a three here. So not out of character to have multifamily that exceeds the limits of the Philadelphia zoning code.

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And then this is the nearby dwelling. So this is what we're mimicking our property from. This is 612 West Norris Street. This is a nearby four-family dwelling, which is next door to us. 615 West Norris Street is a five-family dwelling. 611 West Norris Street is also a four-family dwelling.

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And then I also have the zoning permit for 611 Norris Street. As you can see, this board granted it by way of variance at the end of last year under MI-2023-003507.

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And then the aerial view of our property. So again, all we're trying to do is mimic the lot coverage of our property next door to us at 612 West Norwich Street. But you can also see here 608 West Norwich Street. It's much, much shorter than ours.

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So even if we met the lot coverage requirements and rear yard setback requirements, our building structure would probably still be still deeper than the entire lot here.

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So there are unique circumstances that warrant the approval of a variance here.

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And then, again, we're not trying to take an RSA 5 property and increase the density.

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This is squarely an RM1 part of the neighborhood, and there's multiple instances of properties that exceed the allowable density requirements under the Philadelphia Zoning Code.

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And then here you can see as well where we are in the neighborhood.

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This is the beginning of a commercial corridor on Germantown Avenue.

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So in order to hopefully help support that commercial corridor, we're looking to increase density here.

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This has been a vacant lot for some time, I believe for at least the last 10 years.

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Photographs of the property.

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Here you can see this is our vacant lot.

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Our orange notice poster for the vacant lot.

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West Norris Street to the right of the property.

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West Norris Street to the left of the property.

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And then our plans and drawings.

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We try to mimic the Philadelphia architecture for this project.

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So you can see it's a flat brick facade, lintels, even has some stonework on the base level.

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And there's also a cornice line as well.

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and there's also a cornice line as well and again even the windows mimic the traditional

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And again,

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philadelphia look and feel of of the row home and then our floor plans you walk in you have

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two two two units on this floor unit b and unit a they're all one bedrooms one baths

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and you know these are bi-level units so you have a living room and the kitchen on the first floor

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of each and you have bedrooms below. And then if you go up to second floor, same thing, bi-level

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units where you have a common staircase in the middle. Oh, one thing I did miss was there's a

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trash room on the first floor. So it's really important to my client to be responsible about

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trash storage and maintenance and disposal. So he has an internal trash room. We have no problems

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