civus
Hearing video

ZBA Hearing - May 26, 2021

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

Anyone else?

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Chair, we have an Alan Hopgood

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Mr. Hopgood, you can unmute yourself and speak

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I'm a member of Temple Shalom

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Excuse me, sir

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Please identify yourself, spell your first and last name

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Sorry, my name is Alan Hopgood

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A-L-L-A-N-H-O-P-G-O-O-D

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You swear or affirm to tell the truth, the whole truth, nothing but the truth

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Yes, I do

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thank you sir please proceed um the issue that i've seen arise was besides the trash was the

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open air event there is no enclosure there's no way for you to control the sound there's no way

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for you to guarantee that it's not going to disturb the neighbor what sound what sound are

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we talking about um if they they have a lot where they say the lot next to them where they want to

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have an open air event if you're having a festival a party or whatever you may have there whatever

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event that's going to require music, sound system, it's still going to affect the neighbors behind

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and across the street. The biggest issue is the open air event that I've seen. Not the restaurant

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per se, but that open air event, the festivities area is going to be the major problem.

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Okay, thank you. All right, we're ready to move on. Any other questions from the board?

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no no okay mi 2020-000340-1530 west champholst my vote is yes with the following provisos

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restaurant hours between monday from monday to saturday 7 a.m to 9 p.m no amplified music outside

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roof-mounted exhaust system commercial trash pickup trash must be stored to the rear of the

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Commercial trash pickup. Trash must be stored to the rear of the property. And a four-year variance to expire July 1, 2025.

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My vote is yes with provisos.

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Yes with provisos.

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Yes with provisos.

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Yes with provisos.

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thank you i think number nine yeah calendar number one zero eight seven five zero four zero

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dash 50 city avenue steve bertill is the attorney

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mr bertill is coming back and is a panelist chair thank you was he already sworn in this morning no

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No. Okay. Mr. Bertil, can you put your name and address on the record? Spell your last name, please.

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Good afternoon. Steve Bertil, B-E-R-T-I-L. Claire Harrison, Harvey Brandsburg, 1835 Market Street, 19103.

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

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yes I do do you also agree to waive the reading of the refusal and stipulate to its accuracy

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yes have you emailed the exhibit packet with proof of ownership tax compliance

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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'll tell it above. I have a meeting summary report, not a letter, but it reports

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what happened at the meeting. Okay. And you'll explain that. Thank you. You may proceed.

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Thank you very much. Share my screen. Okay. Good afternoon, Mr. Chairman, members of the board.

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As stated, my name is Steve Bertil. I'm here on behalf of the applicant for 5040-50 City Avenue.

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We're here requesting a variance relief to allow for the refacing of an existing double-faced freestanding sign

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and installation of four flat wall signs with static illumination on new signages to replace the existing signage.

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Just to orient the board, here you can see on the screen a zoning area of the parcel in question.

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The parcel is on CMX 2.5.

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It's at the corner of City Avenue and Bryn Mawr Avenue, as you can see here.

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The property is currently being utilized as a Rite Aid pharmacy.

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it will continue to do so. This is only a signage application. And so the proposed use is not

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changing. We're just seeking for the signage. So the refusals that we received for our proposed

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use is for the accessory wall signs and having the multiple signage. As you'll see in a second,

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Basically, every sign that we're installing is just a replacement of the existing signage.

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And therefore, the review that we receive would be in place due to the existing signage.

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In the first place, we're not increasing the variance.

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We're just basically refacing and putting new signage that is commensurate with the new branding logos of the Rite Aid Pharmacy.

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So here is a part of the sign package that I want to show you can see an example of existing

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signage and what's being proposed on the on the freestanding wall sign.

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here's another shot on the frontage that's facing on Bryn Mawr Avenue that shows the

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existing signage was E2 and E3 and the proposed new signage R2 and R3 again basically just

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updating the logos to match the new branding for Rite Aid, but the location is generally the same

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and the placement is generally the same. Here again is the opposite frontage that's facing

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on City Line Avenue that's showing the existing signage and what the replacements are going to be.

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and what the replacements are going to be.

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Again, as with the other frontage,

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Again, as with the other frontage,

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basically same location and placement.

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We did meet with the RCO.

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Well, actually, we met with both RCOs,

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the Winfield Residents Association

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and with the City Avenue Special Services District

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because of any variance request on City Avenue

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subject to both whatever the RCO, the coordinating RCO is, which would normally be the coordinating

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RCO, and in addition to the special services district. We met with them on April 13, 2021,

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and there was unanimous non-opposition.

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here you'll see a letter or a meeting summary report of the meeting itself there isn't a

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separate letter that just shows everyone in attendance voted in non-opposition and so

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because this again is just a replacement of the existing signage to match the the current

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branding and logos of Rite Aid and there's not really an increased variance because all the

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placement and it's the same

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and the locations are the same

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and the quantity is the same.

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We believe this is the de minimis variance

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and with the community

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support, we ask for the board

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to grant this variance. With me

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I want to call is

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Erica Bitzer, representative

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from the applicant, who can affirm

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and adopt my testimony as truth

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if the board would recognize it.

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Ms. Bitzer, you can unmute yourself

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and speak now.

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Hi, my name is Erica Bitzer. It's E-R-I-K-A-V-I-T-Z-E-R.

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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. Patil.

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Thank you, Mr. Chair.

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Ms. Bitzer, did you hear the testimony that I provided to the board this afternoon?

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I did.

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Do you adopt and affirm the truth of what I stated?

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I do.

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Thank you very much. And with that, I'll open it up to questions to the board.

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questions from the board no no no no one else like to testify in this case 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 Walden from planning commission staff

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the comprehensive plan recommends no change to the existing commercial mixed use zoning at this

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location. There are no unique physical circumstances or

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conditions peculiar to this property that create a

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hardship to exceed code requirements related to the size

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and number of signs. Planning Commission recommends that the

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zoning board deny the variance.

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am i 2021-0010875040-50 city avenue my vote is yes my vote is yes my vote is yes

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my vote is yes my vote is yes my vote is yes thank you mabby

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Yes. Calendar number 1003-625-29 Earp Street. The attorney is Henry Clinton.

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Madam Chair, is Suzanne Sabani with his office because she has her hand up?

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No, I'm just looking for Henry Clinton.

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Okay.

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Suzanne is with the RCO.

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Okay.

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I don't see his hand at this time.

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Okay.

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Let's go to number 11.

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I'm here.

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Okay.

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You're there.

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Mr. Clinton, can you put your name and address on the record and please spell your last name?

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Sure.

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Henry Clinton, CLINTON, 1313 South 33rd Street, Philadelphia PA, 19146 Queen Memorial Building.

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You're still under oath.

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do you agree to waive the reading of the refusal and stipulate to its accuracy i do have you

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emailed the exhibit packet with proof of ownership tax compliance refusal photos under plans of the

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property five days in advance of this hearing and have you met with the rco and do you have a letter

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yes all of the above okay great you may proceed

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Good afternoon, Mr. Chairman, members of the board, Henry Clinton, for the applicant, Tim

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DiPonturo, who is on the call, and also the architect, Derek Spencer of Nome Architects,

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is on the call with me. This is my presentation binder, which I asked and made part of the

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record containing AA to A11. My appearance statement

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AA through A11. My appearance statement and the refusal, this is an RSA 5 zone.

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The existing use is a non-conforming use. It is a family-run business, has been for in excess of 30

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years. Apex Mechanical, it's a plumbing and heating outfit. Mr. DiProtoro is the principal,

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and he's been using this location for in excess of 30 years. So I'll show you,

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I'm sure the board is familiar, Earp Street is a very narrow street, and I'll show you some aerial

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photographs and give you a perspective of what we're seeking today. But we're basically asking

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for the partial demolition of an existing second story and for the erection of a second and third

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floor addition with some rear decks and multi-family use, four units, with six interior accessible

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mechanical parking spaces. So that's a mouthful, but I'll explain it as I work through this.

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We have a letter of non-opposition from Paschel Square Civic Association.

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And here are the photographs. So just for perspective, this is Earp Street, this is Sears

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Street, this is Reed Street, and this is the property. It's 625 to 629.

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The property is two stories at 625 and 627 and 629 is one story. It's 100%

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light coverage. This building goes all the way back to the rear yards on Sears

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Street, as does this building. There's an existing curb cut and garage entrance

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here. And there's an entrance to offices right here. So currently right now, my client uses this

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for his business and has for 30 years. And this is all open space, garage usage on a slab. And

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this building is also on a slab. And that's important when I get to the heart of the

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presentation. This is actually the best view, I think. We're looking northeast here. Again,

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on Earp Street this is two-story, one-story adjacent to a three-story building then adjacent

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to a smaller two-story building and again the homes are behind on Sears Street. Just again

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another aerial perspective to show you that Earp is very narrow and most of the cars on the block

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are actually parking on the sidewalk on the south side behind two large garages which

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which go from Earp Street all the way to Reed Street.

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A photograph looking eastbound.

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The existing property is on the left-hand side.

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This is the rear of the garages that are on Reed Street.

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Another shot of the garages across the street.

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And this is looking westbound.

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Again, here's our existing property, two-story offices, one-story garage.

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that's the garage existing garage door which obviously will be replaced so we do have a

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request that the board looks kindly upon this application to have one page stamped because we

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have reduced the proposed rear deck at the second floor by nine feet from 14 five to five feet five

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inches and also the parapet wall on the second floor against the rear of the property is only

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going to be six inches. We don't have a large barricade wall. We don't have a roof deck in

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deference to the neighbors. So here is the presentation. Again, this is by Noam Architects

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and Derek Spencer is on the call with me. You can see this is a rather large lot. I think it's the

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largest lot on the block. And here it is again on the right hand side, basically smack dab in the

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middle of the block. Again, some photographs to show you that the black line is going to be where

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the build-out will be. So this whole space here in the middle is going to be occupied with

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multifamily. So just by way of background, Mr. DiPertoro, again, has been on the block for

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numerous years. And with the commercial establishment on a small street, it's kind of

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unique circumstance where it's becoming more and more residential. And he's trying to, I guess,

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weave his way between accommodating the neighbors and doing what he can in terms of using the

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building to his best use. So his thought was to keep the building as is on the block, because

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it's on a slab. And if you were to build single family houses, he would have to

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obviously excavate down, underpin, disrupt the street. With keeping this property as is,

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and I'll show you we've changed the elevation we're able to keep the garage door provide

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provide six parking spots for four apartments and basically maintain the residential nature

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six parking spots for four apartments and basically

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of at least this side of the street. And the project has been well received by the neighbors

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on Earp Street. So this is a side view. The second floor here goes all the way back. So we're going

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to lop off the rear 14 feet of that second floor and then add a third floor onto the second floor

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and then make the first floor at 627 and 629 the same height as we will 625.

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And I'll show you a front elevation.

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But what's important here is our original design that Derek Spencer did

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had our deck going all the way back to the rear.

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Now, from the aerial photographs, the homes on Sears Street,

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their yards back right up against this wall.

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So in conjunction with the community group and with the neighbors,

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we originally pushed the deck back five feet and further discussions resulted in pushing the deck

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back nine feet. So now the rear decks are going to be the same size. The deck on the second floor

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and the deck on the third floor, both will project five feet, five inches from the rear wall. And I

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think this has been well received now by the neighbors on Sears Street. So this is an aerial

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