civus
Hearing video

ZBA Hearing - March 2, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Mar 2, 20225h 41m

in. You're welcome. Is there any other questions or comments from the virtual audience? I see no

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hands, Chair. Planning Commission? Thank you, Chair Bergman. Ian Hegarty for the Philadelphia

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City Planning Commission. The comprehensive plan recommends no change to the existing

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residential single-family zoning at this location. However, given the unusual existing structure

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and the adjacent development context, we recommend that the Board grant the variance.

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Thank you. MI 2021-004372, 1331 South Percy Street, I vote yes with revised plans, one page.

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carol tanari my vote is yes with proviso james snell yes with proviso

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thank you counsel thank you very much have a great day you too

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mi 2021 004386 1519 cybert street rco fifth council district letter of support

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sokoloff attorney

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good morning mr chair members of the board oleg sokolov here on behalf of the applicant crete

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llc could you spell your name for the court reporter please absolutely o-l-e-g s-o-k-o-l-o-v

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address is 1700 market street suite 1005 philadelphia pa 19103 do you swear a firm

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to tell the truth the whole truth and nothing but the truth i do the vice chair has a few questions

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for you hello do you agree to waive the reading of the refusal and stipulate to its accuracy

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yes i do miss vice chair it appears that you've submitted all the required documents is that

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correct that is correct you may proceed thank you very much once again good morning mr chairman

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members of the board Oleg Sokolov here on behalf of Crete LLC 1519 Seabird Street if we are here

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seeking a a use variance and if I may share my screen please to go through our exhibit packet

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Yes. Thank you.

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I cannot tell. Are you able to see that? We are. We can.

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All right. Once again, here is our refusal. We are seeking

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to use the property as a two-family dwelling in an RSA 5 building, no dimensional variances of any

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type. Here's our deed package, evidencing ownership, Crete LLC.

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our tax clearance certificate

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currently the property is an empty lot creed llc is developing a number of

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vacant lots on this block in fact the board granted a exactly analogous variance request

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for a property at 1513 Seabird Street I believe maybe a month or a month and a half ago and it

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is exactly the same type of development so when I get to the pictures of the property itself you'll

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see that we are keeping it completely in line with the character of the neighborhood and the

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block including the bump outs as as you see in the current properties

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once again just a picture of a property across the street

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and some more images of the lot and the street itself here's the property itself it's located

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and some more images of the lot.

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between north 16th and north 15th street between ingersoll and thompson on west siebert cyber i've

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you know members of the board i apologize but after doing i think the third variance

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on this block i still don't know exactly how to say that street properly

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here's a rendering of the property as you'll see as i discussed earlier the

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bump out is you know to keep in line with the character of the neighborhood as is

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you'll see the property is in an rsa5 district as i stated however the board has granted a

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number of variances on this block including one to the current applicant at 1513

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Here are the elevations of the property and some floor plans.

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The first two floors will be one unit and floors two and three will be a second unit.

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Both units will be a little over a thousand square feet.

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the upstairs unit will be 1200 square feet and here is our project information form

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our application for appeal

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our certificates of mailing to the nearby neighbors the rcos

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shows the affected RCOs. Evidence and photos of our zoning notice

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posters hung at the property and then our letter of support from the friends of the 47th ward

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at this time if i can ask a member of my client

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Mr. Petroschansky to just raise his hand to adopt my testimony.

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Yes.

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

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It's Robert Petroschansky. That's P-E-T-R-U-S-H-A-N-S-K-Y.

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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 i do proceed council thank you mr petrosansky you were you were able to hear my testimony

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given this morning i was okay and do you adopt my testimony as your own i do adopt your testimony

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as my own is there anything you would like to add to the board no you covered everything okay thank

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you very much questions from the board please

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Questions from the board? No, Mr. Chairman. No, Mr. Chairman.

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Questions from the virtual audience? Chair, we have Monica D'Antonio.

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Please unmute yourself and wait for the chair.

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

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Sure. My name is Monica D'Antonio, M-O-N-I-C-A, D-E-A-N-T-O-N-I-O.

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

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I do.

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Who's she?

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I'm just a resident in the Francisville area, and I just logged on today because we are concerned

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about the growing density issue in this neighborhood. I think we have about eight

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buildings right now that were single family and are now multifamily. So I think we're concerned

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about this growing issue with these multifamily homes. You said that you sent letters out to

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the neighborhood. I didn't receive any of them. And I know our block captain didn't receive them

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either. Okay. Are you against the building there? Yes, I am. And there are a couple of

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other neighbors on this Zoom that are against it as well.

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Okay, thank you.

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Is there anyone else in the virtual audience

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would like to make a comment. If it's the same as the last person, please refrain, but

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who would like to make a comment?

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If it's the same as the last person?

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anyone else wants to make a comment? I see no hands, Chair. Thank you. Wait a minute. I'm sorry.

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Well, it's okay. Someone just put the, they put it back down. Okay, thank you. I'm sorry, Chair.

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Again, they put the hand up. I'm so sorry. Thank you. That's fine. That's fine. Caller with the

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last digit, 6894. Please unmute yourself and wait for the chair.

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Hi, this is Reverend Lewis Nash.

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

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Yes. Lewis Nash, senior. L-E-W-I-S-N-A-S-H.

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Map RCO.

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Right. Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?

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Affirm. Thank you. Proceed. Yes. This is in the 47th Ward. It's not in the Francisville

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District as well. And we have offered our support with this along with friends of the 47th Ward,

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Ms. Louise Bundy

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and she's here

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and is also in the office to

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give her support as well.

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Thank you, Reverend Nash.

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She can speak for herself.

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Ms. Bundy, could you state your name

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and spell it for the court reporter?

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Ms. Bundy?

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you have to mute can you hear me yeah miss bundy state your name and spell for the court reporter

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my name is louise bundy l-o-u-i-s-e b-u-n-d-y and i didn't even realize that but that's why i

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mentioned he can be long-winded do you swear or affirm to tell the truth the whole truth and

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nothing but the truth. I do. Proceed, Ms. Bundy. I would like for this to be a part of our

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neighborhood, but I was told that this is the person that spoke ahead of us. They're dealing

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with Francisville. This is not Francisville. Thank you, Ms. Bundy. Thank you very much.

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i'm giving my support for it okay thank you miss bundy any other comments from the virtual audience

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chair we have kristen platt please unmute yourself and please wait for the chair

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would you state your name and spell for the court reporter

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sure kristen platt k-r-i-s-t-e-n p as in paul l-a-t-t right do you swear or firm to tell the

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truth the whole truth and nothing but the truth i do proceed i am also a uh live in the francisville

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area and i just wanted to state that i did not receive any letters about this uh proposal either

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and i am against it thank you very much planning commission

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thank you chair bergman ian hegarty for the philadelphia city planning commission

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members of the board in 2015 the zoning map was amended in this area in accord with

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recommendations from the comprehensive plan and with the support of the community and city council

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we don't believe the hardship claim here of the applicant is supported with evidence of

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unique physical circumstances or conditions of the property however given that previous

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variances granted by the board have drastically changed the surrounding context against the

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adopted zoning city planning commission has no objection to the granting of the variance

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thank you mr eckery mi 2021 004 386 1519 cybert street i vote yes carol tenary my vote is yes

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james snell my vote is yes

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thank you council thank you very much members of the board have a great day

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MI 2021-002188, 2013 Poplar Street, RCO Francis' letter of support.

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Pro se case, Jonathan Arthur Arnina Nuna Marchetti.

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They're coming back in as a panelist.

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Thank you. Chair, can you hear us? Yes. Could you state your name and spell for the court reporter, both of you, please? Yes.

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Yes. Could you state your name and spell for the court reporter, both of you, please?

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Yes. My full name is Jonathan Arthur, J-O-N-A-T-H-A-N, Arthur, A-R-T-H-U-R.

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Nina, N-I-N-A-M-I-R-A-C-H-I.

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Right. Do you both swear or affirm to tell the truth, the whole truth and nothing but the truth?

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Yes.

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A couple have a few questions from our vice chair.

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Hi. Good morning. Have you emailed the exhibit packet with the required documents consisting of proof of ownership, tax compliance, a copy of the refusal or referral, photos under plans of the property, five days in advance of this hearing, and have you met with an RCO, and do you have a letter?

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Yes. The package was emailed over by our architect, Frank Cutherson, who's also here with us today.

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Okay, great. You may proceed.

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Thank you.

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So we are the owners of this property, and this is around an overhead door that was installed in the rear of our residence.

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After buying this property, we noticed a rash of different thefts, cars that were broken into in the area,

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including some patio furniture that was tucked up against our house that was taken out of our backyard

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and out of, you know, a desire for our personal safety and some large glass doors at the end of

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the property, we contacted a contractor about installing this door. He installed that not

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knowing about the zoning variance. It's six feet apparently that was allowed by Wright and a 10-foot

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door was installed. The contractor then recommended Mr. Cutherson to work with us

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to obtain a variance for that gate.

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We met with the local RCO on actually September 21st of last year.

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They gave their approval for the project and asked that we send out the required mailing

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once those posters had been hung, which we've done and submitted as proof as part of that packet.

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There were no formal responses to the project as a result of that mailing.

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um if we could promote Mr. Cupperson as the architect um also to attest to Mr. Arthur let

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me ask this do you have any photos or anything you can you could you share the screen with us

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please I sure can

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the full packet but i'll jump to the pictures which i believe are towards the end we don't

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see it yes mr arthur on our screen pauline could you talk to we're good we're good we're

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my back didn't hit share sorry about that okay um so the property photos here are before the door

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um so this is the rear of our house um the air conditioning unit back in this corner is where

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some um personal property items were taken um and a car next door and down the block was broken into

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so the door has been placed here at the entrance to our property.

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I don't believe we have any after photos in here, but Mr. Cutherson, our architect, may.

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The drawings are right above that show the details of that gate.

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The 10-foot elevation, and again, right at the extreme rear of the property.

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So this is what is in question.

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all right mr arthur i don't think we really need your architect at this point

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questions from the board no mr chair

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questions from the virtual audience

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i see no handshare planning commission

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thank you chair bergman ian hegarty for the philadelphia city planning commission

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members of the board in uh 2018 the zoning map was amended in this area in accord with

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recommendations from the comprehensive plan the fence requirements from the zoning code

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are intended to maintain light and sight lines along public streets these gates we feel violate

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this intent without a clear hardship requiring such a tall and opaque fence.

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We would not be opposed to a shorter fence or one with some degree of

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translucence or being able to see through.

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So we would recommend that the board deny this variance.

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Mr. Arthur, do you have any comments?

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I believe the neighbor with a similar gate had this approved

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um a couple of years back before the delays from the pandemic um okay thank you thank you

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a couple of years back before the delays from the pandemic.

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mi 2021 002 188 2013 poplar street i vote yes carol ternary my vote is yes

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what was your vote is yes yes thank you that's three votes Mr. Arthur you you're fine great thank

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Thank you.

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MI 2021 002197 2056 Ellsworth Street, Point Breeze CDC letter of support, Councilman Kenyana

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Johnson letter of support, Daniel Mita attorney.

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Mr. Mita is coming back in as a panelist.

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Good morning, Mr. Mita. Could you state your name and spell for the court reporter, please?

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Yes. My name is Dan Mita, spelled M-I-T-A.

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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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the vice chair has a few questions for you good morning mr me did you agree to wait the reading

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of the refusal and stipulate to its accuracy i do um it appears based on my notes that you've

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submitted all of the required documents is that correct that is you may proceed thank you uh good

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morning mr chair and members of the board uh as mentioned earlier my name is dan meta with duane

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Morris and we're here on behalf of the applicant the Neighborhood Garden Trust of Philadelphia

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Trust also known as the Neighborhood Gardens Trust which is a 501c3 Pennsylvania non-profit.

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The relief requested is for a dimensional variance. The subject property is located in a

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rsa 5 zoning district which has a minimum rear yard dimensional setback

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of nine feet and our application is requesting for a proposed 0.89 feet

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as the chair mentioned our exhibits package is timely submitted includes letters of support from

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the rco as well as from the friends of the concert garden which the property is affectionately known

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as which is a neighborhood-based volunteer group established back in 2017 that's responsible for

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the upkeep and programming of the construct garden. Mr. Mehta do you want Mr. Mehta would

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