civus
Hearing video

ZBA Hearing - March 12, 2025

Philadelphia Zoning Board of Adjustment (ZBA)Mar 12, 20255h 59m

and single-family zoning at this location the proposed height and occupied area variances are

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minor and in keeping with the purpose and spirit of the zoning code this is a primarily primarily

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multi-family block face with unit counts ranging from two units to nine units the appellant

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proposes four the city planning commission recommends that the board grant the requested

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use variance for four dwelling units and the proposed dimensional variances for occupied area

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and height. Thank you. MI 2024 005 631

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Thank you. MI 2024-005-631-5226 Chester Avenue. I vote yes with provisos. Revised plans, one page, stamped by CBA, March 12, 2025. No basement living, trash stored inside.

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Michael Johns, my vote is yes with provisos.

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Cheryl Gaston, my vote is yes with provisos.

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Senator Graham, my vote is yes with provisos.

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Hi, I win.

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My vote is yes with provisos.

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Thank you, counsel.

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Thank you.

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Is there anyone in the audience whose case has not been called yet?

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3.30 list.

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Okay.

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Oh, 2 o'clock list.

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I'm sorry, 2 o'clock list.

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All right, we're going to take a five-minute break, and then we'll be right back, and we'll

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finish up.

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Good afternoon.

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My name is Bill Bergman, and I will be chairing this meeting of the Zoning Board of Adjustment.

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With me is our board member, Cheryl L. Gaston.

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Present, Mr. Chairman.

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Our board member, Tanetta Graham.

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Present, Mr. Chairman.

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Our board member, Michael Johns.

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Present, Mr. Chairman.

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And our board member, Taya Nguyen.

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Present, Mr. Chairman.

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Also present is Hillary Emerson, our attorney, our zoning board director, Ian Haggerty, and our board administrator, Burstrator, Lakeisha Dandy.

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Recording of this hearing will be posted on the ZBA website.

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By participating, you consent to be recorded.

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This is an in-person meeting with remote capabilities. Whether remote or in-person, if you are called to speak, you must state and spell your name and then wait to be sworn in. Once you've been sworn in, please state your name each time before your testimony.

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Any person may enter their appearance to become an interested party to a case.

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There are three ways to enter your appearance.

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You can identify the case property address on your Zoom webinar registrar.

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You can see a staff member or you can call the ZBA appearance line by the close of the business tomorrow.

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Call 267-270-5548.

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Leave a message that includes your email address and the address of the property in question.

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The following guideline is for our remote attendees. First, when directed by the chair, you must raise your virtual hand in order to be recognized to speak. Second, if you're called to testify, you'll be prompted to join as a panelist. Please accept the request and turn on your camera.

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Third, the webinar Q&A is for questions about the hearing. Do not comment on cases in the Q&A.

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Fourth, if you are participating by phone, press star 9 to raise your hand and star 6 to unmute.

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For our in-person attendees, please refrain from talking, eating, or drinking during the hearings.

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Verbal and physical aggression will not be tolerated.

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Restrooms are across from the elevators. Water fountain is just outside the room.

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to the right when speaking on the record you must speak directly into the microphone

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in order to be heard by all attendees and the court reporter in the event of an emergency

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please call follow the directions given over the public address system or by the staff

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the main exit is through the double doors at the rear of the room the nearest stairwell is to the

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left outside the doors in case of an evacuation the rally point is love park directly across

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Smart Street. Please remain near so we can account for you. Let's look at our schedule for this

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afternoon. Number three, MI 2024-006-700-3801-Old York Road. That case is continued.

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Number six, MI 2024-006-713-2618 North 22nd Street.

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That case is continued.

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Is there any other requests for continuance?

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Excuse me, Mr. Chair, what are the dates that those cases will continue to?

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Oh, I'm sorry.

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So both cases will be August 27th at 3.30 a.m.

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p.m., yes, thank you.

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3.30 p.m., I'm sorry.

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Okay, so number one,

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MI 2023-005-909,

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2219 West Oxford Street.

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Alphabet of Equities is the LLC.

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No exhibits, third listing.

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There may be an attorney needed.

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We also have Brenda Harris as the listed applicant.

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Brenda Harris and Alphabeta Equities, LLC.

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Good afternoon, Chair. This is Javette Benton. I'll be your co-host for this afternoon.

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I see no hands at this time.

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I see no hands at this time.

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No one appeared on 710.

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No one appeared on 710.

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Applin requested a continuance on 3624.

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She is selling the property at 322 on 32224.

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So MI 2023, 005-909-2219, West Oxford Street, I vote to dismiss.

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Michael Johns, my vote is to dismiss.

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Cheryl Gaston, my vote is to dismiss.

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Tanetta Graham, my vote is to dismiss.

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Iowyn, my vote is to dismiss.

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And number four, MI 2024-006-702, 1638 Porter Street, no exhibits, first listing.

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Ralph Lane is the listed applicant.

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Bai Fang X. Chen is the listed owner.

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i see no answer this time chair so mi2024 006702 1638 porter street this is the first listing

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the case will be continued to august 27th 3 30 p.m

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we'll go to our regular list now

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we'll start with

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number 7

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MI 2025

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000471

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4400 Market Street

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Ronald Patterson is the attorney

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there's a letter of non-opposition

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from Spruce Hill Community Association

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a letter of Councilman

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Gauthier's office expressing

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non-opposition

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uh good afternoon good afternoon counsel could you state your name and spell for the court

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stenographer sure my name is ronald r-o-n-a-l-d patterson p-a-t-t-e-r-s-o-n with claire harrison

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law firm 1835 market street do you go ahead 19103 do you swear or affirm to tell the truth the whole

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truth nothing but the truth yes i do could you identify your client the relationship to the

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property? Sure. I represent the property owner and developer, which is 4400 Market Street, LLC.

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The general partner owners group is the Orans Brothers Real Estate Group. And with me is Scott

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Orans, who is a principal. Okay. Do you agree to the waiving of the reading of the refusal and do

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you agree with its accuracy? Yes, I do. Okay. Well, why don't you proceed? Share your screen

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and proceed. Great. Thank you.

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Thank you.

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Okay, so this application regards 4400 Market Street.

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It's located here.

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It's an aerial picture at the corner of 44th Street and Market Street.

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It's currently vacant land, and it consists of 10,411 square feet.

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The zoning district is a CMX-4.

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Here's some ground-based pictures.

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So, in 2024, we obtained a buy-write permit that approved a seven-story structure, show

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you a picture.

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Before that, I'll show you some of these site pictures surrounded by multifamily buildings, of which Scott will identify which ones are his under development and in operation.

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So we, there we go.

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Seven-story structure, having 84 single-family residential dwelling units,

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nine of which are moderate-income units, with retail on the first floor of $2,300.

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are moderate income units with retail on the first floor of 2360 square feet. Within the building

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though we also were providing parking in a mechanical access parking configuration and if

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you see this little elevation here you'll see how the cars parked beneath the surface

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floor here, and we'll put into that more detail. So there's seven spaces below grade, and Scott

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will explain how it works. Based on the number of units and the credits and all, we were required

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to have 15 parking spaces, and eight of them were going to be provided off-site around the corner

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of one of those buildings you saw in the initial pictures, which the Warren Brothers owns, and they

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were going to park there under a non-accessory parking permit that the department had issued as

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a matter of right so by nature of this mechanical parking garage you could add two levels atop as

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you see in this photograph and here's what the rendering would look like because it's a it's a

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it's an elevator type of nature and the cars go up the cars go down the cars they shift

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so adding two more levels completely within the building would not change make any change to the

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building to the exterior it would be imperceptible from the outside yet it would add additional 13

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spaces and provide a benefit to the community to add additional parking spaces that are needed in

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the area. The refusals that we received, one was a referral for providing above ground parking

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garage, which is having the two additional levels above grade. And the second was a refusal for

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not providing a sufficient ADA van parking space. And I'll show you that here.

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So we were providing one space here, as you see. But in this area here, the walkway was only five

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feet and the code required eight feet under the ANSI regulation. So what we did was we modified the plan.

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Here we're showing the original plan at five feet in width on this area here and

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we've modified the plan to provide the required eight foot width here so we have submitted

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an application for an amended site plan approval with proviso to address that refusal so this case

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then defaults to a special exception case so the referral was for the additional 13 spaces

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which we believe would create no negative impact to the building or the area and again yet provide

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a benefit. You'll hear about why the design would be necessary. So, but with that said,

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I'll introduce Scott and get on with this. So, Scott, tell the board.

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Yeah. Sorry. Let's start over. Tell the board your name and address, please.

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Name's Scott Orens, O-R-E-N-S, 444 North 4th Street, Philadelphia, PA, 19123 is my address.

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Scott, do you swear or affirm to tell the truth, the whole truth, nothing but the truth?

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I do.

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Please proceed, counsel.

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And Scott, please tell the board your affiliation with the development.

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I am one of the partners of Warren's Brothers.

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We are the general partners of this LLC.

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Okay.

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And you've heard my presentation so far.

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Would you agree it's true and accurate?

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Yes.

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And would you adopt it as if it were your own?

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Yes.

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And briefly in these photographs that we started off with, are these your buildings?

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Yes, the one you have your cursor on right now.

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Okay, that's 4419 Ludlow.

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4419 Ludlow.

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And then how about back here?

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That is 4415 Chestnut Street.

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These are buildings that we've owned.

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The land underneath these buildings we've owned since the early 1980s and 1990s.

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And so in the 4419, there's 32 apartments.

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Correct.

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Is that fair to say?

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And 4415, there's 40 units?

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40 units.

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And both have first floor commercial.

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And parkings as well?

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4415 Chestnut Street has parking.

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Okay. And I show this because you have a kind of a mini master plan for the area you're developing under. Okay. And so it was true, we got a buy right, we obtained a buy right permit for the underground parking, the seven spaces, correct?

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Correct.

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And why couldn't you dig lower and put more spaces beneath the grid?

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This was previously a gas station. There were a lot of environmental concerns which took us a number of years to clean up. The current Pennsylvania Department of Environmental Protection has allowed us to basically cap the existing ground upon which we are building, and they allowed us to go down one story enough to park the required number six.

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go down one story enough to park the required number six cars below grade and in order to do

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that we had to use a mechanized parking system which would lower the cars down and that system

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can handle more than just the six or seven cars that were originally showed in the original permit

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and and your first floor has a high ceiling correct and so that has not changed in the design

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correct nothing so this is infilling the area and it would be imperceptible from the exterior

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and how would this work with the two additional levels cars would pull into the garage and they

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would enter the uh mechanized parking system and it essentially works as a shuffler it shuffles

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cars around and uh there's always one empty space so if you call for a car and your car is on the

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third level it moves cars uh in a jigsaw pattern until it gets down to the grade you get into your

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car you drive off it's not a valet type system you can people can access it themselves without

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any assistance okay and you met with the spruce hill community association we did and you presented

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the plan and what was the response um they needed some uh my changes that they'd like to see to the

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exterior facade uh based upon our original rendering uh we agreed to them and we presented

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it a new rendering. And based upon that, I believe they've issued a letter.

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Yeah, we received the letter late on Friday, I believe. I don't know if the board has it,

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but I have it on the screen here. Is it on the screen? It's not on the screen.

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How about that? All right. Let's try that again.

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There we go.

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so let me ask you as a developer that's vested in the area will would the granting of the special

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