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Hearing video

ZBA Hearing - November 13, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Nov 13, 20247h 40m

okay we are

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we're not opposed to

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Mr. to the

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gentleman building there

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we just have our concerns

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and I am a

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co-coordinating RCO along

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with Sassner

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and I want to

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I wasn't quite sure how I should write my letter in terms of asking that certain things be added.

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So that's why I wrote a letter of non-support.

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Like I said, we're not opposed to him doing it.

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What we have very serious concerns about is the structure he wished to build it on.

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I asked serious questions about him.

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had he had a structural engineer

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look at that

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60-year-old garage that he

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wishes to put a three-story

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building on top.

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So just so you know, if he's

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successful with this, before

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there's a permit, L and I will

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handle that. L and I

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will make sure that's done before

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there's permits issued. Okay, well that was

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not made clear at the meeting.

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And Henry, you

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agree with that, am I correct? Absolutely,

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Mr. Chairman. Absolutely. Okay. That was not made clear. And therefore, I wanted to make sure about

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that because students want them to be collapsing and taking other buildings with it. Okay. I agree.

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And so that was why I wrote the letter in that way. But we have no objections to them building it.

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All right. Thank you very much for taking the time to call us. We appreciate it.

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Is there anyone else in the virtual audience?

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Yes, we have Ms. Brianna Wakefield. I've allowed them to speak at this time, sir.

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Good morning.

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

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Good morning, Mr. Chair.

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No further hands at this time, Mr. Chairman.

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Mr. Chairman, I have a near neighbor here with me if they could be permitted to testify.

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Sure.

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Sure.

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Which one?

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Both.

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Mrs. Rousseau, R-O-U-S-S-E-A-U.

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Ms. Rousseau, could you please state your name?

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Harriet Rousseau, H-A-R-R-I-E-T, R-O-U-S-S-E-A-U.

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

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I do.

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Please proceed, Mr. Clinton.

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Ms. Rousseau, where do you reside?

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2128 Catherine Street.

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And this is adjacent to Mr. Webb's property, correct?

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Yes.

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And what is your position about the project you just heard presented?

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I'm in agreement with the plans that are presented.

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And how long have you lived at your property?

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35 years.

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Nothing further, Mr. Chairman.

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Thank you very much. Planning Commission.

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

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

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The proposed dimensions conflict with the characteristics of the rear street, which is occupied by garages on one side and single-family homes on the other.

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

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MI 2024-004-194-2130, Catherine 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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Senator Graham, my vote is yes.

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Iowan, my vote is yes.

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Ishmael Shaheed, my vote is yes.

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Thank you, Mr. Clinton.

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Thank you, Mr. Chairman and members of the board.

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Right.

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Number six, MI 2024-004-196, 5158 Leppert Street.

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Zen Jin is the attorney.

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There's a letter of support from the Frankfurt Neighborhood Advisory Committee with unenforceable provisors.

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They'll be back in as a panel shortly, sir.

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Okay.

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good morning good morning good morning counsel could you please state your name and spell for

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the stenographer sure my name is zen jen z-h-e-n last name is j-i-n you swear or affirm to tell

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the truth the whole truth and nothing but the truth i do could you identify your client the

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relationship to the property? Yes, my client is the owner of the property,

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Leon Leandro del Rosario.

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Our vice chair has a few questions, sir. Good morning,

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counsel. Do you agree to weigh the reading of the refusal or stipulate to his accuracy?

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I do. Have you emailed in all the required documents

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and exhibits as needed to proceed with this case five days in advance of this hearing?

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Yes, I have. Thank you, counsel. Please proceed and share your screen.

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Thank you. I'm going to share with the board the documentation we previously submitted.

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Can the board see my presentation on their screen?

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We can, sir.

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Great. Thank you.

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So we have submitted a copy of the refusal, the letter from the Frankfurt NAC RCO, photos, plans, and related documentation.

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This is an application for use of this property as a two-family dwelling.

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A little bit of history for this particular property. It was sold to my client some years

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ago through the, let me pull up the deed, it actually makes it clear. So it was sold to my

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client through the Secretary of Housing and Urban Development. The property was privately owned

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before that, but at some point it became dilapidated and was vacant for quite some time.

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My client actually acquired the property from the Housing and Urban Development, and then

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because of financial reasons, it took him some time before he was able to finally renovate

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the property and get it back into operating status.

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This property is actually abutted right next door by another duplex.

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The way the property is structured, my client thought that it was, in fact, likely to be

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a duplex.

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at some point in the past. It had some separations. The basement is completely separate from the rest

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of the property. This is the photo of the front of the property, and this is the photo of the

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next door's two mailboxes. Across the street also is another multifamily duplex, along with

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the child daycare a few houses down. Because of the way this property is set up, it does have

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parking in the rear. It has a separate entrance to the basement, which is separate from the other

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portion of the building. And the way the exits and entrance were set up, when he renovated back,

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he renovated it as a duplex. And subsequently, it was rented out as a duplex. When he finally

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decided to rent the second unit, one unit was rented first and the second unit came after,

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The rental license application kicked back saying this is a single family house.

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You need to legalize what you're trying to do here.

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That eventually led to this application before the board.

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As you can see, the property is renovated.

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There was some substantial effort put into making the property livable again.

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When we met with the Frankfort NAC, they did not have any objections to the use because

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some of the neighbors reflected that their understanding is that this kind of duplex

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has existed in the neighborhood for quite some time, and it's quite likely this property

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was at some point possibly a duplex.

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Regardless, their main concern with any duplex applications in this neighborhood is that

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there's enough fire safety so that building permits, when acquired, would make sure that

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the upper floor has proper safety. They did make a proviso, which again, I understand the board

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cannot enforce. We will still follow through and do what was asked by the community. Again,

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we did notify the community that the building permit process would also check for fire

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extinguishers, fire rated walls, and those are items that would be part of the certification

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of the property if it was approved for the use. So with that, the community gave us

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non-opposition to the plans. The plans itself is very straightforward. It's a mutually accessible

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basement section that would be used for utilities. And I'm going to zoom in for the board to see

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more clearly. For utility storage, there is parking in the back. Trash can't be stored

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inside the basement until it's needed to be brought out.

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This property is only two houses down from the corner,

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so it's actually not very difficult for the occupants to park in the back.

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so it's actually not very difficult for the occupants to park in the back and then walk around

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to enter the property and of course the first floor tenant would be able to enter from the back

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the layout is that the entrance would be based on the front cover porch and then first unit

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will come straight in while the second unit goes upstairs and would have occupied only the second

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floor. And that's essentially the design of the property. It's a two-story structure.

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There's no dimensional changes of any sort. So the building's footprint, light air impacts are

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identical to what it was before. Again, with the neighboring property also being a duplex use,

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and it's from the records of legal use, the community had no objections to our proposed

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use in this case. My client is here to verify my testimony, and I'm happy to answer any questions

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or redirect. Why don't you bring your client on? Sure. Leandro, can you please raise your hand

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virtually to be identified?

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They have been allowed to speak. Could you please state your name and spell for the stenographer?

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leandro del rosario please unmute wait to be sworn in morning sir

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i don't know if he's having some technical issues with unmuting himself so so council

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you're an officer of the court we will take your testimony questions from the board

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um uh we go back to the plan for a second sure

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there's an elevation here on the side as well yeah yeah i see it uh so this is proposed as

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two two-bedroom units yes and the only the first floor has access of no no there's no access to

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the basement only from the from the rear from the rear yes both actually have access to the basement

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but it's only from the rear this is not a two-bedroom unit based on the layout there's no

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living space that you can put a chair sofa anything in boat on both plans uh doesn't work

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as a two two-bedroom units for me.

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I mean, I understand the living space issues

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that oftentimes is looked at.

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I'm pretty sure if the board would want

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to have it reduced by a bedroom,

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we would not have an issue with that.

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I can have my client also verify that as well.

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So that would be your agreeable to two one-bedroom units?

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yes we we would not be uh we would be agreeable to that yes

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other questions from the board then do you know how big bedroom to like by square footage is

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in each of these play on each of these plans um let me see if there's a

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i didn't see it yeah i didn't see a chart listing the dimensions here some some architectural

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plans would have that unfortunately this one does not um yeah i'm not unfortunately i'm not sure

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of the it's eight by eleven so that this one's very small speed about it is so yeah 99 99 square

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feet yeah my concern is that it looks like it's it's barely to code it also does not include a

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closet or a window which are two of the legal requirements obviously it's not lni and you'll

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have to go through l and i approval but there is a window uh well i understand the closet is

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missing but there is actually window um for that room it's right here oh yeah yeah that is okay

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yeah the 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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Yes, Mr. Chair, I have a hand up again from Strawberry Mansion Community Concerns. I have allowed them to speak.

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It's not their area.

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This is not their area.

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This is in Frankfurt.

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We'll have to get back to them later.

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Anyone else in the virtual audience?

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No further hands at this time.

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Planning Commission.

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

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Thank you, Chair Bergman.

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and Sarah Baum with the Philadelphia City Planning Commission.

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In 2012, the zoning map was amended to RSA 5 at this location in accord with recommendations from the comprehensive plan.

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The proposed use is consistent with documented prior use of this property.

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

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In my 2024-004-196-5158 Leppert Street, I vote yes with proviso, one bedroom per floor of the first and second floor.

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Michael Johnson, my vote is yes with proviso.

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Excuse me, Mr. Chair, can I just clarify that proviso?

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Can we just say one bedroom?

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I didn't want to say like one, you know, one bedroom per floor because I want to make sure the basement's not involved.

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So what do you recommend? One bedroom per dwelling unit.

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OK, so I vote yes. One bedroom per dwelling unit.

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Do we need to I'm sorry, do we need to add a no basement living onto that or no?

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We can add no household living in the basement as well.

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OK, so one bedroom per livable unit. Say it again, Hillary, one more time.

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it's okay one bedroom per dwelling unit no household living in the basement

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