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Hearing video

ZBA Hearing - October 14, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Oct 14, 20205h 0m

street 5a northwest philadelphia 19106 and that's m-a-t-t-i-o-n-i i was not here

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you're swearing a firm to tell the truth the whole truth and nothing but the truth

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i do i was not here on 1925 north 4th mr chairman i think that was isaac slepner

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um i was here on 1701 north 24th street

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um well i maybe maybe the confusion was it's from your firm we're waiting for a letter from

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the council person's office uh the case was heard last week i believe and we held off until this

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morning i'm sorry 1701 south 24th we heard last week and the week before and we were waiting on

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letter from Councilmember Johnson. Mr. Mattione I believe I had it down as you

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were going to return and report on whether you were able to obtain the

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letter and then the board would decide on whether to vote. Right I think that's

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what what it was I have not oops with the wrong screen I'm sorry I did not

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obtain a letter from them I did obtain a second letter from the RCO the Point

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breeze community development coalition which is now in full support with provisos i believe

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sharon you received that letter as well

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it's not on our list today is it sharon um let's see no this was this was an add-on um i believe

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it was announced that it would be that mr matigoni would come back this morning um this

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the one for point breeze yes yes but on my my question it's not on my sheet for adding do we

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we can add it on correct it is it's mi2020000044 it's number four on the list that i emailed you

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this morning oh okay okay but that's okay i i'm sorry all right i got it now all right so

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So, did you get the letter? You did get the letter of support, correct?

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I got a revised letter of support from the Point Breeze Community Development Coalition.

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Okay.

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All right. So, MI-...

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I'm sorry. Mr. Maggioni, I don't have the letter in front of me.

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Could you read the provisos that they are requesting into the record?

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Sure.

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They said, as discussed, below are the commitments I hereby make you and the community,

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make to you in the community with regards to the project that 1701 South

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24th Street one the structure will be three stories with a height of 35 feet

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One, the structure will be three stories with a height of 35 feet, plus or minus.

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plus or minus

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Two, there will be no power.

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Wait a minute.

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I'm sorry.

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Excuse me.

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That's a different address.

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That's what I'm confused.

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Yes.

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No, the one that I have is 1925 North 4th that you were returning today simply to report

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on whether you were able to get a letter from the council person.

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That one, though, but Isaac Slepner is handling that.

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I am not handling that matter.

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Ah, okay.

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If you can reach Mr. Slepner and have him contact us, either for this morning or this afternoon, we'll hold off on that, Sharon, on 4th Street, okay?

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And Leo Mulvihill was about to join in, if we could see if he's present.

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Guarding 1800 Master? No.

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Yes.

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1800 master which is number three on your list i believe the regular hearing list

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regular hearing list okay uh before we go any further again mr manioni uh yes again so we're

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if you can get a hold of mr slepner uh 1925 north fourth that's fine and then sharon do we have an

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add-on for uh the the point breeze uh the one mr manione just spoke to

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because i don't see it here no um mr manione could you call me on that one

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certainly

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okay all right so um mr mulverville regarding uh 1800 master street

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and good morning chairman members of the board

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Leo Mulvihill here on

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1800 Master Street

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identify yourself for the record please

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sure Leo Mulvihill M-U-L

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V as in Victor, I-H-I-L-L

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Address is 2424 East York Street, Suite 111

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Philadelphia, 19125

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And are you going to affirm to tell the truth, the whole truth, nothing but the truth?

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I do

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I think we held off, we were waiting for your letter from the RCO, which you're showing us

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Yes, members of the board, just as a reminder, this was an application

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for dwelling units in the existing structure on 1800 Master Street.

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It had previously been approved for three units with vacant commercial,

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then four units with vacant commercial.

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Those permits had expired, and now my client was seeking not to have

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the vacant commercial space and instead have only residential dwelling units

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based on the makeup of the block, which is largely residential,

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both single and multifamily mixed on that block.

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What I'm showing on the screen now and what I emailed yesterday when I received it around

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1130 in the morning is a letter dated October 5 from the RCO, which was Friends of the 47th

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Ward.

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Overall, it appears that they voted nine, pardon me, three in opposition.

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There were nine meeting attendees.

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Nobody else is shown one way or another, and I'm not sure whether there was a letter of

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explanation attached, but I'll see whether there was.

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All right. And by the way, it's a black leather jacket today, correct?

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Well, chairman, I actually had this in my calendar for two o'clock today.

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So I was about to head out and run some errands. So I'm glad you.

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Okay. All right. So MI-2020-001694, 1800 Master Street. My vote is yes.

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My vote is yes.

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My vote is yes.

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My vote is yes.

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Thank you, members of the board. In addition, just to go back to yesterday's list, the property was 1302 North 18th Street. I also sent over a letter for that project as well. Yesterday when I received it from the RCO. I understand it's being held till next week's executive session, but I just wanted to make the board aware of that.

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Thank you.

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Thank you.

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Thank you.

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okay uh we got the matione and sleptner we're waiting for i think everything else on the list

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go to number five is it charon 39 uh 1501 north 33rd yes please i have someone um with their

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hands up if you would allow um i'm not sure if it's matty only or remember

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Caller on the phone and then in 420, are you requesting

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on the phone and then in 420 are you requesting a continuance or speaking to a continuance

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no i'm sorry i was did you guys do st raymond's yet no no okay you're going to do it today

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okay we can continue

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calendar number 37967 1501 north 33rd street

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this case was reopened on the request of council president clark

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and i believe there was some dialogue between

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the rachel pritzker and mary jones from council president clark's office

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um if i could ask um if everyone keeps their hands down until the chair requests someone

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to come forward and raise their hand thank you kindly

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Yeah, there's no need to have your hand up unless your case is called.

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Thank you.

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Okay, we do have Rachel here, Chair.

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Morning.

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Morning.

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Morning, Rachel.

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Please, you know, you know the drill.

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Please identify yourself with a record by your name.

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Rachel Pritzker, R-A-C-H-A-E-L-P-R-I-T-Z-K-E-R, 1635 Market Street, Suite 1600, Philadelphia, PA, 19103.

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And do you swear and affirm to tell the truth, the whole truth, nothing but the truth?

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Yes.

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Thank you.

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Please proceed.

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I'm just going to share my screen and kind of go through this again.

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As the board may remember this is 1501 North 33rd Street. This is a property located in

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Strawberry Mansion across from the park. It is an oddly shaped triangular lot at the corner

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and we are requesting variances just for parking. This property can support

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17 units by right it's zoned rm1 but given the odd shape and location of the property in addition

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to the sewer line that runs under the property that cannot be moved and has to have a 30 foot

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non-buildable easement on it locating the parking anywhere from that's not front loaded is not

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possible we presented this so as you can see the two refusals are proposed off-street parking

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access by a front street, which is prohibited in RM1, and then surface parking in the required

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rear yard is prohibited. This project was originally applied for back in June of 2019

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and was continued a few times in order to meet the community and address other concerns in addition

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to COVID-related issues. So just to go through, again, the site zone RM1. So you're allowed to do

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17 units by right. We also are providing two affordable units in addition. And as you can

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see, this rail line and sort of this location makes it so that the property doesn't have an

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ability to provide parking elsewhere on the lot. We, this is sort of what it looks like existing,

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it's been a topic of conversation for many years and it's just kind of sat vacant

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with really no movement for quite some time.

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Just want to

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bring up we went through all the outreach with the community last time we also have letters of

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support from the near neighbors although members of the community I'm sure will voice their

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sentiments about this project but we have support from your neighbors including 1401

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North Coralized Street, 1444 North Myrtlewood Street, 1463 North Coralized

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Street, 1510 North Hollywood Street, it's the same one, and 1519 North 33rd Street

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in addition to the near neighbor who had to get off the call,

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um where his is 1533 north 33rd street he had to run to a meeting um i want to have ian smith

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come on to go through um some of the plans he's the architect for the project and to just again

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reiterate sort of the difficulties of this site um as the board can see we're proposing 13 parking

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spaces. Everything else is by right. There's no dimensional variances being requested. It's just

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Everything else is bi-right. There's no dimensional variances being requested. It's just for parking.

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There is an existing curb cut on the site.

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And again, the thought was to provide accessory off-street parking in order to help with some of the congestion and the additional density that's being built in the area.

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There's another project that I think we had mentioned last time that provides no parking further down.

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And so this was to help mitigate, you know, the 17 units that are by right and add 13 parking spaces.

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Again, there's no other location for these parking spaces, given the sewer line that runs through the property and this sort of unique location of this existing site.

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So I just want to have Ian speak to some of the comments that I've made from a professional perspective and also talk through some of the analysis that we had done from two different traffic engineers in order to address the concerns that the community had, which these letters have been provided to the board as well.

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Given sort of the low number of parking spaces, this is not something that PennDOT or the city typically get involved with as far as doing a traffic analysis or a traffic impact study.

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As per the Philadelphia Streets Department requirements, the study is only done if it generates 3,000 trips a day, 1,500 vehicles a day, and 100 trips per peak hour.

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this is only 13 parking spaces so if we said it was 17 parking spaces that would be a total of

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34 trips however we wanted to at least get a engineer to to review to make sure that

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based on the criteria that they look at for safety and site distance that it would not cause

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additional concerns that we could figure out ways to address the community's concerns with

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um the street so if ian can jump on uh ian smith and keith aliats is the owner um to kind of

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corroborate what i'm saying and um i'm happy to go into more detail if it would be beneficial to

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the board but i know that they've already heard this before and and don't want to belabor the

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point i would appreciate that and uh we can get your witnesses on and summarize the best of their

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ability, we'd appreciate that. Yeah, so I would ask that your client raise their hand if they need

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to come forward. Yep. We have Ian Smith is unmuted, and you can wait to be sworn in.

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Good morning. Please identify yourself with a record, name and address.

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Good morning. My name is Ian Smith. I'm the architect working on this project on behalf

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behalf of Keith Allianz. My address is 322 East Thompson Street, Philadelphia PA, 19125.

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We're going to affirm to tell the truth, the whole truth, and nothing but the truth?

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Yes, I do.

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Thank you. Please proceed.

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All right. In order to summarize this, the task at hand was to try to include parking on a

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triangular lot. And based on the geometry, as you can see presented in front of you here,

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It is triangular. The hypotenuse of this triangular, if I can give a brief geometry exercise, is the longest leg in the back that fronts the train line, which is the Amtrak train line.

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That's the longest leg. It's the easiest way to provide drive aisles by standards of the zoning code and provide as many parking spaces as possible on this lot.

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It does encroach upon the rear yard setback, but because there is an Amtrak train line behind it, we saw that that nonconformity wouldn't be as difficult because we don't have a residential neighbor behind the property.

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It was once a warehouse building that serviced automobiles in its sort of earlier history, and then later on sort of like a warehouse space that had utility vehicles in it.

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So vehicles were coming in and out of that property, perhaps not as much as 34 trips a day, but were navigating the current traffic patterns that are moving along North 33rd Street.

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And that's how I would probably summarize that.

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um ian did you look at other ways in which that we could locate the parking um and can you explain

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sort of the exercise with the issues with the sewer line that make it hard to put the parking

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anywhere else on this site and in addition to the um the issues with the building and the location

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of the building as it results to the hardship of the size of the site the look the shape of the

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site and also the sewer line yeah so I so with regard to the

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Yeah, so with regard to the hardship, I would like to describe this as legitimate hardship because this is something I've never encountered before as far as land use is concerned.

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So we have a utility line. It's a terracotta sewer. It's about 18 inches in diameter. It's 30 feet below grade and services three to four properties on Nutrona Street.

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Because of that, the Philadelphia Water Department has restricted any construction with regard to footings or walls or floors above, you know, right on top of that.

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You'd have to first climb 30 feet in the air before you could actually build over that easement.

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That then, you know, in order to get the density under 38 feet on this property, we had to sort of put all of the massing of the building or the uses of the building towards the northwest corner of the triangle, which is in the lower left-hand corner.

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The easement runs sort of north, well, southwest to northeast along the train line.

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And it basically follows the, it's parallel to the hypotenuse of the triangle.

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That means that the open space left over is available for trying to fit a two-way drive aisle access on the property,

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as well as open air parking, which would be, you know, sort of contained by the remaining

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existing masonry wall that was once the rear wall of the old warehouse building that occupied

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the site. Thank you. I wanted to just jump into the community piece of this. So Ian and Keith,

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the owners and another attorney before I was involved had met with a small group from the

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community and most of the concerns I think we heard last time were about the density on the

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site and other things in addition to some concerns about parking, which is why we had this

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plan put together and why we had the engineer review it. We also discussed ways in which we

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could have this signage and lighting um and sort of a coloration so that it can make it more safe

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we also did do an exercise of looking to see where else we could put the curb cut and again

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