civus
Hearing video

ZBA Hearing - July 19, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Jul 19, 20221h 41m

Good morning, Mr. Nockmson.

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State your name and spell, please, for the court reporter.

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Yes, Allen, A-L-A-N, last name Nockmson, N-O-C-H-U-M-S-O-N.

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All right, 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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Could you identify your client and their relationship to the property?

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Yes. Online, I have Crystal Element, one of the owners of the property, who will adopt my testimony and answer any questions the Board may have.

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Thank you. Our Vice Chair has a few questions.

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Hi, Mr. Janakamson. Do you agree to waive the reading of the refusal and stipulate to its accuracy?

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I do.

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have you emailed the exhibit packet with proof of ownership tax compliance a copy of the refusal or

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referral photos under plans of the property five days in advance of this hearing and have you met

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with the rco and do you have a letter uh yes in all respects great you may proceed and um welcome

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back thank you it's been a while it has been a while and please share your screen thank you thank

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do. Oh wait, hold on, let's make sure I have the right, uh, map.

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All right, so I'm here to present, uh, 1424, uh, North 30th Street, we go full screen out.

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And, uh, this, uh, property is in the Brewery Town section of Philadelphia.

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this is not for a developer this is for someone who wants to live in this property who has been

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a member of this community for a number of years and her and her husband want to move into this

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property and renovate it along with Mrs. Elements I do also have Mr. Johnson the architect for the

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project Chris Johnson 24-7 design who can answer any questions the board may have with regards to

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project. So we'll go through a number of materials. The notice of refusal. This is an RSA5 property.

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We're not looking to increase the density. We just have some dimensional variances here.

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Letter of support from the Brewery Town Shortwood Community Civic Association. Again, Ms. Element

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is a member of the Brewery Town community and she lives actually next door. She's looking to

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renovate this property and move into the one next door. So she knows many of her neighbors. So we

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had a petition circulated, which was signed by most, if not all, of her neighbors, letters

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to support from nearby neighbors as well.

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One of the refusals has to do with the omission of, because we're next to two two-story structures,

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and because of the circumstances, we are not able to have the eight-foot setback on the

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third floor, but it's not out of character.

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and we're going to see other third-story additions of budding two-story properties on that block

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and in close proximity. Maps of the area, photographs of the property and surrounding

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the area, our plans and drawings, our detailed property showing that Miss Element is an owner

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of the property. Our RCO meeting notice, we met with the community at a well-attended event and

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based on that meeting and our presentation we received a letter of support from coordinating

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rco our application for appeal that we filed to the zba and our certificate of tax clearance showing

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that there are no real estate taxes due on account to this property first things first is our notice

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of refusal uh it's an rsa 5 property again we're not looking to increase any density here we're

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doing for the erection of a third story addition to an attached structure with a roof deck in the

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rear of the third floor level and a roof deck over the third floor portion accessed by proposed open

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stairs uh to be located in the rear of the third floor to be used as single family household living

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we have two refusals here the first of which i mentioned um in the opening uh we're required

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technically when we're left and right of two two-story structures to be set back on the third

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story um you'll see that this is not out of character or request that there are other newly

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renovated properties with third-story additions that are not setback as well. We just want a

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functional floor plan on that third floor, and we're asking the boards for leniency in that

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respect. The second refusal has to do with the maximum occupied area. It's 75% as required by

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the code. We're at 76.89%, so just a sliver off. Again, it goes to the functionality of the floor

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plan also our rear structure does not go any further than the rear structure to left and right

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of us so we're not taking anyone's light and air away in that respect letter of support from the

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Letter of support from the Brewery Town Shardswood Civic Association, as you can see, is a well-attended meeting, and we received a letter of support and the explanation of the project as a whole.

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brewery town charge with uh civic association

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And then, again, we circulated a petition. It was quite easy for Ms. Elliman to do that. She lives next door to this property. She's been a member of this community for some time, and she only focused on people who would be most directly impacted, so nearby neighbors on that block and behind us as well.

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and as you can see from this substantial amount of signatures you know people are you know happy

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that she's making this renovation remaining in the neighborhood and continue being a productive

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member of this community and then just the letters to support as well and those are individuals who

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are completely adjacent to the property who would be most directly impacted or across the street or

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behind. And then it's not our character to have these third story additions and asking for this

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variance. 1423 North 30th Street, you can see 1435 North 30th Street, again, no setback. 1451 North

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30th Street, again, no setback. 1447 North 30th Street, no setback. And then maps of the area

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uh we're between uh jefferson and master street on 30th street in the heart of the brewery town

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section of philadelphia you see all the yellow all single families we want to keep that single

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family use we just want uh to have a more functional layout a bigger house and you know

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with miss element and her husband looking to grow their family in the progress of the property here

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it is it's a porch neighborhood uh to the left of the property on north 30th street to the right of

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the property on north 30th street as you can see it's not out character to have these some of these

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three-story additions and then our plans and drawings again these plans have been uh created

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by 24 7 design i have chris johnson the architect for 24 7 design we're just freshening up keeping

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the character of the neighborhood we're enhancing the bay window by extending that to the third

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story uh as you can see here that you know we um are not you know we're you we're not having a

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roof deck or roof deck access structure out of respect to the community instead we're having

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external staircase we don't want to make it seem like we're hovering over anyone and that would be

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out of character from the neighborhood to have a roof deck or access structure there

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um and then just the typical floor plans you know there's a porch you get through the

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you know front door open layout lit room dining room kitchen second floor two bedrooms

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a bath and a laundry facility and the third floor is just the master suite

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and then the rco meeting notice we met on may 19th at 6 30 pm we notified 197 addresses of

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our meeting these are listed the addresses this is our proof of mailing

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our deed to the property uh showing him his element and her husband owned the property

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our application for appeal to the zba

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in our tax plan showing that uh we have a tax compliance property owner with that being said

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i would ask that miss element to virtually raise her hand so she gets on my testimony

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and then we can answer any questions the board may have

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i'm sorry mr chair but i had to um promote this uh element to a panelist because that's fine

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Is that a message she's using an order version of the same?

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Sorry, what was that?

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Is it okay to speak?

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Hi, good morning.

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

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Crystal Element, C-R-Y-S-T-A-L, last name Element, E-L-E-M-E-N-T.

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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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Proceed, counsel.

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Yes, Ms. Element, you heard everything I stated today.

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yes correct is it true and correct yes and do you adopt that as your own testimony correct yes

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thank you questions from the board no mr chair no mr chair questions or comments from the virtual

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audience i do not see any hands at this time mr chair planning commission

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Good morning. This is Greg Waldman, Planning Commission staff.

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The comprehensive plan recommends no change to the residential single-family zoning at this

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location. While the applicant has failed to demonstrate hardship, granting these variances

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while the applicant has failed to demonstrate hardship granting these variances will not

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will not impair the use of

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impair the use of adjacent properties the city planning commission recommends that the board

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approve the dimensional variances thank you mi2022 000 453 1424 north 30 street i vote yes

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carol tenere my vote is yes i'm miss holland my vote is yes thank you council thank you

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Number three, MI-2022-002-944-1909 South Third Street.

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Mr. Robert Daly.

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Sir, Mr. Daly has been promoted to panelist.

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Good morning.

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Good morning, Mr. Daly.

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could you state your name and spell it for the court reporter, please?

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Mr. Daly? Mr. Daly, you need to unmute yourself. I apologize. No, no, no, that's okay. Could you

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state your name and spell it for the court reporter? Yes, Robert Daly, R-O-B-E-R-T-D-A-L-Y.

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

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Yes.

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Mr. Daly, we still need a few other documents for your case.

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Yes.

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So we're going to have to continue it to today, okay?

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Okay.

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And what we'll do is we'll be in touch with you with the next case.

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And if you have any questions about how to do this, call the office, okay?

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Okay.

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Thank you, Mr. Chairman.

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Sure.

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Sure.

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Thank you, Mr. Daly.

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So I log back.

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Okay.

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Thank you.

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Have a good day.

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Bye-bye.

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Thank you.

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MI-2021-001-278-2246 N21st Street, Allen Nockamson.

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Letter of support from North Central Philadelphia Susquehanna Community Development Corporation.

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we'll be coming back in as family sir

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good morning again mr chairman you've already been sworn could you identify your client

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and the relationship to the property yes i may yes i can uh a to z real estate transaction llc

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is the owner of the property. And with me, I have the member of that organization,

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Nasi Ida Seven, who will be able to testify with regards to this matter.

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Okay. Our vice chair has a few questions.

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Hi, Mr. Nockmson. Do you agree to leave the reading of the refusal and stipulate to its accuracy?

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Yes.

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Have you emailed the exhibit packet with proof of ownership, tax compliance, a copy of the refusal

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or referral? Vote is under plans of the property five days before this hearing. And have you met

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the rco and do you have a letter oh yes we do okay great you may proceed and share your screen

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all right so i'm here to present 2246 north 21st street uh this has been a project that our team

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has been working on for well over a year with the community and i'm proud to say that through those

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meetings, and I would say we probably had at least four meetings with the community,

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we did gain their support. As you can see from the correspondence from the North Central

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Philadelphia Susquehanna Community Development Corporation, you'll see through the notice of

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refusal that we are seeking to put a triplex in, and that's, you know, we're asking for a use

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variance in that regard. Through our meetings with them, we did have to deviate our project

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from what was originally submitted to lni and based on that we also submitted uh with our

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presentation materials a revised proviso plans form uh that you know we submitted to the zoning

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board of adjustment and then separately also to your council uh hillary emerson who should have

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a copy of that uh next you'll see nearby non-rm1 multi-family dwelling so it's not of character to

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have multi-family in this neighborhood there is a diversity of housing between single family and

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multifamily in this neighborhood under similar circumstances.

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Maps of the area, photographs of the property,

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our plans and drawings, our last RCO meeting notice, but like I said, we met with the community

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our plans and drawings, our last RCO meeting notice.

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on multiple occasions over the course of well over a year, our application for appeal, our deed to

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the property, and our certificate of tax clearance. Again, with me is Ghaziada Seven of A to Z Real

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Estate Transaction, LLC, who at the conclusion of my presentation will adopt my testimony, and

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he would be perfectly willing to answer any questions the board may have that I did not

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uh answer or cannot answer and then in addition i have christopher johnson of 24 7 design who is

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the architect uh on this project so our notice refusal the only refusal we have uh is for uh

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the use uh this is for the erection of an attached structure with balcony at the rear and

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in a roof deck with roof deck access structure for use as multi-family household living with

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three dwelling units so what has changed with this project and we'll go over the proviso plan form

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we we got rid of the roof deck and the roof deck access structure and we got rid of the balcony

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and you'll see that in our revised plans and our form that we submitted to this eba

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so through our many meetings with the community uh we did gain the support of the north central

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Philadelphia Susquehanna Community Development Corporation although this is not zoning related

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my client has agreed to provide one of the units as affordable housing pursuant to the state

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guidelines what's deemed affordable housing there are other provisos I will leave it up to the board

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to decide which ones are enforceable but you know they talk about maximum of three apartments you

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know that's what we're doing um so i don't believe a proviso is necessary it says no rooming house

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configuration well if we wanted to seek a rooming house we would have to go in front of this board

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again uh and um ask for permission for that uh not to be utilized as individual rental status i

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think that kind of goes to the rooming house configuration again if we wanted to rent by the

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room we would have to obtain a variance through this process and then there's just aesthetics

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exterior the building should be uniform to existing block all brick exterior no bay windows

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that's part of our plans that we're not going to provide bay windows and that's the third

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deviation from our project that is enforceable so no roof deck or roof deck access structure

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no balcony no bay windows and then talks about like you know the configuration the windows things

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like that but uh and you know talks about the end about the deed again we are going to do a

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deed restriction um as part of this process to make sure my client is held accountable to making

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sure that one of the units is affordable and then at the conclusion of the letter of support i

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believe that they provided the four plants that we provided to them you'll see they match what we

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provided uh to you excuse me council yeah can you enlarge the floor plans oh yeah sure oops um

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is that larger miss yeah thank you you're welcome do you mind if i minimize a little

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more to get through the presentation sure and then our revised proviso plan again our revised plans

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deviate in three respects from what was originally submitted removal of the bay window removal of

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roof deck and roof deck access structure and removal of balcony and then here are the plans

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which are stamped and we would ask that if the board is inclined to grant this variance

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uh requests that they granted with the proviso with this with this site plan

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and then if you look at similarly situated properties we try to compare apples to apples

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so our lot size we're a significant size lot of 1600 square feet so per unit our lot size

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