civus
Hearing video

ZBA Hearing - May 26, 2021

Philadelphia Zoning Board of Adjustment (ZBA)May 26, 20215h 28m

Gregory Waldman, G-R-E-G-O-R-Y, last name Waldman, W-A-L-D-M-A-N.

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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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Thank you. Please proceed.

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The comprehensive plan recommends a change from the commercial mixed-use zoning to a single-family residential zoning at this location.

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The proposed two-family dwellings is an overuse for the undersized lot, which is just over 800 square feet.

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The City Planning Commission recommends that the Zoning Board deny the variance.

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MI 2021-001-002, 1244 South 26th Street.

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one two four four south 26th street my vote is yes my vote is yes

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My vote is yes.

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My vote is...

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excuse me this is sharon with revised plans how many pages one page one page my vote is yes with

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revised plan one page approved today my vote is yes proviso yes with proviso yes with proviso

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So, Carol, let's go to number five since we have Henry's here.

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Calendar number 1714, 1608 North 27th Street.

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Mr. Clinton, name and address on the record and spell your last name again, please.

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Sure.

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Henry Clinton, C-L-I-N-T-O-N, 1313 South 33rd Street, Queen Memorial Building, 19146.

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You're already under oath, but do you agree to waive the reading of the refusal and stipulate to its accuracy?

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I do.

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Have you emailed the exhibit packet consisting of proof of ownership, tax compliance, refusal, photos, and or plans of the property five days in advance of this hearing?

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And have you met with the RCO, and do you have a letter?

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Yes, I have, all of the above.

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You may proceed.

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I'm still sharing my screen.

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This is a new project, 1608 North 27th Street.

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And this is the table of contents, presentation binder, and I'll walk through these as need be.

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Appearance statement, refusal.

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This original refusal was for three-family dwelling.

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Over the course of the last seven or eight months, we've met several times with the community group because this is an oversized lot, and they have asked us to make a number of changes, which we've had.

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So the proposal today that is in front of you is for a two-family dwelling and not a three-family dwelling.

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We have an RCO letter of support from the community group.

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This is photographs. This was taken, obviously, in the wintertime to show you the depth of the lot.

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It goes almost all the way through to the other side, the other side street.

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It's actually the largest lot in depth on the block.

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This is a parking lot for the Kelley School,

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which is right here.

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And this lot is adjacent to the parking lot.

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Another perspective looking West.

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Plans, and by the way,

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with me on the call is Brian Flanagan,

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the principal or the applicant,

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as well as Derek Spencer, the architect for the project.

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So this is our revised proviso plan. We reduced the number of units from three to two.

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We increased the open area from 41 percent to 47 percent. We increased the yard,

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basically doubling the size of the yard. This is the zoning plan.

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i just want to show the board this is a rather large lot

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goes from 27th street almost all the way to the rear

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and what we've done is derek did a good job of moving the house back so the faces of the homes

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line up on 27th street we also moved back the depth of the house on the first floor as well

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as the second and third floor and this is the floor plan for the basement we have steps exiting

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the rear as well as steps exiting on the front of the property that's unit one and unit two

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is on the second and third floor unit one is the basement of first floor

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But I wanted to show the board.

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This gives the board a better flavor for the lot itself.

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The depth of it, it's over 101 feet long and be very difficult.

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Well, not difficult, but I think would be an oversized single-family home on this project.

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Across the street, there's a duplex.

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on the block there's a there are two churches so it's kind of a mixed block

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a single family and some commercial

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the rooftop deck will be set back appropriately and have

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a mansion roof on the front of the building to give it some detail

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there's the front elevation of the property

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Derek also has a door here that leads down the side of the property into the rear yard so there's

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access from the rear yard to get to the front. You also step back the third floor.

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from the rear yard to get to the front.

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You also step back the third floor,

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maintain the cornice line so that it's in symmetry

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with the house next door, not necessarily out of context.

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This is a view looking toward the north.

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Again, nice fenced in yard, mansard roof,

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and the parking lot that I showed you

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in the aerial photograph is right here.

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Again, just to show the board,

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The project started out pink, moved the yellow, and we're in the gray area right now.

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And this is the project that the community group pushed for and is in support of at this point.

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Again, just showing you how the project diminished over time with numerous meetings with the community group.

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So the rest of the documents are tax certifications and other pro forma documents

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that, again, you typically see in the presentation before the board.

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So I have the architect here as well as the principal for any questions concerning layout, design, whatever the board may feel.

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Do you have any questions for the architect?

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No, Mr. Chairman, I do have a comment.

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Please.

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I think working with the community and the architect came up with an excellent quality design.

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I thank them for it.

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Thank you.

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I think you're correct.

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Looks good. Mr. Clinton, you want to bring on your client to adopt your testimony?

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Sure. Could Mr. Brian Flanagan be unmuted?

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Mr. Flanagan, you've been unmuted. You can unmute yourself on your side and speak.

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Good afternoon, Mr. Flanagan.

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Mr. Flanagan, please identify yourself with the record first and last name.

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Spell your name.

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Brian, B-R-I-A-N, Flanagan, F-L-A-N-A-G-A-N.

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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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Thank you, Mr. Clinton.

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Mr. Flanagan, you were on the call during the presentation of this project, correct?

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Correct.

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Okay, and you heard my testimony?

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Yes.

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and if you had the opportunity to testify would you adopt my testimony as your own

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and as true and correct yes i would thank you mr flanagan

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mr clinton was there a revised plan yes revised plan many pages one page one page okay all right

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again any questions from the board no no anyone else would like to testify please raise your hand

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there are no hands at this time chair thank you planning commission

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good afternoon this is greg waldman planning commission staff the comprehensive plan recommends

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no change to the existing residential single-family zoning at this location.

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There are no unique physical conditions particular to this vacant lot that create a hardship for not

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developing it to meet the code requirements of the single-family zoning. The City Planning

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Commission recommends that the Zoning Board deny the variance. Thank you, thank you. MI 2020-001714

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1608 North

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27th Street

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my vote is yes with the proviso

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revised plan

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one page approved today

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yes with proviso

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yes with proviso

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okay I think now we're ready

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how do we make any headway

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with Champal Street

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Ms. Bronis has her hand up now chair. Chair before we move on this is the reporter may

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I have just a very brief break to uh adjust my backup this this will only take a second

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hello yes John I went blank there for a moment who's speaking I'm sorry this is the court

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reporter. I just need to make a change to my backup. Sure, sure. I'm sorry. My screen went

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blank there for a minute. Okay, one second, please. Take your time.

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Thank you.

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Thank you.

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Thank you very much.

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I'm ready now.

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Thank you.

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And I lost my connection.

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Are we ready with the Chample Street?

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Our hand up now, chair.

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Are you to that again?

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Ms. Brodus has our hand up now.

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Okay, if we're ready.

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You can go ahead and promote her.

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Okay, this is for case number MI 2020-000340-1530-Shamples.

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Excuse me, this is Sharon. If the property owner, Mr. Andrew Walker, is present, if he could also be promoted, please.

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Mr. Walker and Ms. Brodus have been both promoted to panelists.

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Thank you.

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Thank you.

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The request for the rehearing was by Ms. Broadus.

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So please begin.

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Pardon me.

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Ms. Broadus, you can unmute yourself.

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looks like we're still having problems here okay so let's go to thank you tanya i'll go to number

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6, MI 2021-001-007-2333 East York Street. Mr. Nockins. Chair, before you begin that, could I

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say that Ms. Broadus, if you're listening, you could call on my cell phone. If you aren't able

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to connect, you can call on my cell phone and I will put you on speaker.

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all right let's do uh number six first and then we'll see if she calls in

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mr notkinson uh yes uh good afternoon mr chair members of the board alan notkinson of notkinson

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pc 123 south broad street suite 1600 philadelphia pa 19109 thank you do you swear if I'm to tell

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the whole truth and nothing but the truth? I do. Do you agree to wait the reading of the refusal

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and stipulate to its accuracy? I do. Have you emailed the exhibit packet with proof of ownership,

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tax compliance, refusal, photos, and or plans of the property five days in advance of this hearing

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and have you met with the RCO and do you have a letter? Yes, in all respects. Thank you. You may

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proceed. May I share my screen? Yes, you may. Thank you. Sure. Good afternoon, again, Mr. Chair,

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members of the board. I'm here to present 2331-33 East York Street. You will see in the table

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contents of my materials, the deed to the property, the tax clearance certificate showing that my

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client 2331 East York LLC is in good standing. You'll see the notice of refusal for this mixed

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use property of CMX2 and RSA5. I will then show you the application for appeal, then maps of the

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area, both zoning as well as a Google map, photographs of the property in the surrounding

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area, architectural plans and drawings, and then I'll show you the detailed history of this property

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showing a letter that we received from Old Richmond Civic Association as it pertains to

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this Sony appeal, but also a letter of support from Old Richmond Civic Association for basically

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the same project. A letter of non-opposition from Councilman Squilla recently issued,

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as well as a letter of non-opposition from Councilman Squilla in 2016. So first you'll

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see the detailed property, 2331 E York LLC. They're the owners of the property at 2331-33

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East York Street is now a consolidated lot.

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You'll see that there was a balance for 2021

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for this property, but that it was,

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let me just minimize this a little bit.

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It was recently paid, so there is no balance sale.

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And then you'll see the notice of refusal.

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So this is mixed zoning. And this board heard this same matter in August of 2016, where they're granted this variance to consolidate the lots to allow for a restaurant on the first floor and residential above under calendar number 27856.

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So this is mixed zoning.

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So, and this board heard this,

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2331 is the rsa 5 portion of the property and 2333 east york street is the cmx 2 portion of

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this property my client would you make that a little bit larger please oh yeah of course

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is that good that's better thank you okay yeah so and we'll see through the pictures what you'll

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see. But 2331 is currently off-street parking. It's a side parking spot. And 2333, which is the

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RSA 5 portion of it, to 2333, it looks like there's two doors where it used to be a barber

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shop back in the 60s, and it looks like two residential. Anyway, my client, this board heard

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this in 2016 to consolidate 2331 and 2333 into one property, which happened, and to use the

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first floor as a restaurant and the upper floors as residential. My clients purchased the property

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recently. They thought that they were going to be able to just do the project by just

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submitting building permits and such. Unfortunately, time ran out. As the board knows,

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Even though the predecessor got a zoning permit in 2016, if work wasn't done or at least commenced within that three-year period, essentially the property owner has to start from scratch.

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So basically, to my client's shock and amazement, they have to go through this whole process again.

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But you'll see that the refusals, the first one, again, because they take the most restrictive zoning restrictions, we're proposing to put four dwelling units on the second and third floors because they're taking the RSA 5 requirements.

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requirements that's not allowed in the RSA five district and the RSA five district is also

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requirements are being applied to the sit down restaurant portion of it even though this is a

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CMX two property and you know at tech you know typically under a CMX two property uh sit down

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restaurant would be allowed as a right but we're in an overlay which requires to be a special

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exception either way under the standards of a variance if you apply the rsa5 restrictions or

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if you apply the overlay restrictions to require the much lower standard of special exception we

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would you know be able to comply with that here's our application for appeal i'm just going to make

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this a little smaller so you can see it and with the with the refusal in there and the project

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