civus
Hearing video

ZBA Hearing - May 26, 2021

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

view, a cross section of the building. We're going to use the existing garage opening,

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come in here to the, again, the slab structure on the first floor and have wide turning angles here

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to get into, I said six parking spaces, because these are mechanical. There's going to be a

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parking below, and then there's going to be a lift that you can have parking above. There's

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enough headroom in this garage where we can actually get six cars in this area. And the

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parking spaces will only be for use by the residents of the apartment building, not for

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outside rental. Again, this is another cutaway view. This is the garage coming in. This is going

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to be the lobby. The meters are going to be recessed inside the front wall so you won't see

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them from the street. The lobby area will have storage for the residents, as well as a mailbox

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location. And then we have four trash receptacles, one for each resident of the apartment building.

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This is the floor plan. And each floor plan is basically the same. We have the common stair

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tower. We're going to have a two bedroom, two bath on the second floor. And then on the third floor

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would be the same thing, a two-bedroom, two-bath. And again, no rooftop deck. The rooftop would

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just contain a hatch for access in the event that we have to get up there for roof maintenance or

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any type of other area required on the roof. Here's a cutaway of the building. Again,

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the common lobby moving up to the second floor. The parking area is in the rear. Unit one is in

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is in the rear of the second floor unit to the front of the second floor and the that is repeated

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on the third floor. So this is what the building is going to look like. Again this is the original

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opening for the garage door obviously spruced up with some nice corbel brick here. We're keeping

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the opening that was there on the second floor but widening it, recessing the meters in here

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and then just a window on the second floor and then the second and third floor is set back

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because as I showed you in the aerial photographs on Earp Street it's a narrow street you have large

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garage the rear of large garages across the street so we didn't want to have that tunnel

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effect we thought stepping the building back would be a nice touch and here's another view

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of the building just looking from the other this would be looking westbound and there's a three

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story right here and our building would be three stories. We also did a shade study

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for the neighbors but I don't think that's on the table today. So because this is a very, very

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unique situation, we have a unique building that's been here 30, 40, 50 years and we thought

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knocking that down would not be something that would be

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welcomed by the neighbors in fact we know it's not so the client looked for an adaptive reuse

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of this building so he's basically saving the front of the building putting a new addition on

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the third floor and second and third floor here using the existing curb cut

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and keeping it residential he's going to move his business and he wants to really say in photo

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of you right now, we're looking at a site at the Navy Yard, said he's going to stay in Philly,

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he's in Philadelphia and he loves the area, just that Earp Street is no longer viable

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Just that Earp Street is no longer viable for commercial use for this building.

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for commercial use for this building.

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So I'll entertain any questions from the board.

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Again, I have the architect, Derek Spencer, from Millam Architects.

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I also have the owner, Tim Pretora, on the call.

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And I believe Suzanne from the Queen Village.

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No, Pass Young Square. It's Pass Young Square.

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Pardon me, Pass Young? Yes, my mistake.

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Henry, why don't we have your client adopt your testimony, and then we'll move on to Suzanne.

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Okay.

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Can Mr. DiPertoro be unmuted?

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Tim, you're unmuted.

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You can speak now.

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Good afternoon, sir.

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Please identify yourself for the record.

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Spell your last name.

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Tim DiPertoro, D-I, capital P-R-E-T-O-R-O.

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You swear for him to tell the truth, the whole truth, nothing but the truth?

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Yes, sir.

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Thank you. Mr. Clinton. Mr. DiPertori, good afternoon.

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Good afternoon, Hank. Were you on the entire call when I presented your proposed project?

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Yes. And did you hear my testimony? Yes. And if you had the opportunity to testify,

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would you adopt my testimony as your own and as true and correct? Yes. Thank you very much.

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Thank you. Any questions from the board for Mr. Clinton or the owner? No.

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Anyone else who would like to testify?

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I believe Ms. Tavani is on.

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Ms. Tavani, you can unmute yourself and speak now.

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Thank you, Yvette.

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Hi, please identify yourself.

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Suzanne, spell your last name and I'll swear you in.

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Suzanne Tavani, S-U-Z-A-N-N-E, T as in Thomas, A-V-A-N-I,

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chair of the zoning committee of the passion square civic association you swear from to tell

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the truth the whole truth nothing but the truth yes i do please proceed thank you uh the zoning

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committee met with the property owner on tuesday may the 11th as is our usual uh practice we did

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not take a vote immediately after the meeting because the neighbors raised some very real

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concerns. We presented those concerns to the property owner, and both he and Mr. Clinton came

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up with some solutions for us, and those solutions have been further revised, and we stand in non-opposition

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to this project with the further revisions, and we thank Mr. Clinton and Mr. DiPertoro and the

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neighbors for their cooperation. Thank you very much. Thank you. Anyone else to testify? Please

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raise your hand. Chair, we have Reginald Nozile. Mr. Nozile, you can unmute yourself and speak now.

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Chair, you can swear him in now. He's available.

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Good afternoon, sir. Please identify yourselves by your name.

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Reginald, are you there?

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He's unmuted, but there might be technical problems.

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Is there anyone else to testify?

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There are no other hands at this time, Chair.

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Okay, Reginald, are you able to speak?

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You're unmuted.

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All right, Planning Commission.

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Good afternoon, this is Greg Waldman, Planning Commission staff.

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

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zoning at this location.

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Reuse of the existing non-conforming structure establishes hardship for the site.

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The Planning Commission recommends that the Zoning Board approve this variance.

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Thank you.

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Henry, revised plans?

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Yes, Mr. Chairman.

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on one page. One page. Thank you. MI 2021-001003. 625-29 Earp Street. My vote is yes with the

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proviso. Revised plan. One page. Approved today. My vote is yes with proviso. Yes with proviso.

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Yes with proviso. Yes with proviso. Thank you very much. So the court reported we have one case

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left on this list do you need a break now or you want to i'll leave it up to you your honor mr

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chair i can go ahead if you would prefer okay let's go ahead and then we'll take the break

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after this case okay cool calendar number 1011 717 north

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Calendar number 1011717, North 41st Street.

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The attorney is Michael Mariani.

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Letter of support from Belmont Alliance Civic Association.

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Right.

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Chair, Mr. Mariani is coming back in as a panelist.

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Good afternoon.

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Good afternoon.

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Can you put your name and address on the record, Michael, and spell your last name?

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Michael Mattione, M-A-T-T-I-O-N-I, Federal Reserve Bank Building, 100 North Independence Mall, Suite 5A Northwest, Philadelphia, 19106.

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Were you sworn in this morning?

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I was not.

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Okay.

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

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I do.

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Do you also agree to waive the reading of the refusal and stipulate to its accuracy?

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Yes.

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Have you emailed the exhibit packet with the required documents consisting of proof of ownership, tax compliance, a copy of the refusal, photos, and or plans of the 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, to all of those.

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Okay, great. You may proceed.

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Thank you. Thank you.

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I am here today representing Eugene Nadovich, who should be available as well, and he's the owner and developer of 717 North 41st Street. Here's a list of the exhibits that we will be presenting today, the tax clearance, the refusal, and the refusal.

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There's two refusals. This is CMX 2, and we propose seven units where four are permitted, and we propose no ground floor commercial use.

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We do have a letter of support from the Belmont Alliance Civic Association, and we met with them, I guess it was in late April.

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And as you can see, there were 18 people in support, one person in opposition, and four people non-opposition.

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And they counted me as a voting party, so I was in non-opposition.

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And here is the site plan for this property.

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This property, as you can see, there's a photograph, and I have some others I will show you, will be demolished to the north of the property.

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It's all vacant RM1 ground to the south as you approach Lancaster Avenue.

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It's CMX2, although there are no commercial properties on this part of 41st Street.

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There are commercial properties on Lancaster Avenue, which is right down the street.

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But we have, again, seven residential units, bi-level units on the first floor and in the lower level,

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which isn't really quite a basement because it's pretty much above grade.

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Three units on the first floor and basement, and then two units on the second and third floor.

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And here are the floor plans.

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And again, we have bi-level units in the first floor and basement.

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Each of the units are one bedroom on the first floor, and the front unit's 1,040 square feet.

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The middle unit is 832 square feet.

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The back unit is 990 square feet.

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And then on the upper floors, they're basically the same two-bedroom units, one in the front and one in the back.

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They're about 800 square feet.

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And off the front, there's a little patio.

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I want to show you the renderings.

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It'll be approximately the same height as the existing buildings with brick front facade.

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And then, again, the little balconies that we showed.

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These properties, while being zone CMX2, really, there is no commercial activity in this area.

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As you can see, this is the site.

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Next to it is a multifamily residential building in the CMX2 zone.

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Another picture of the property.

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And then some surrounding photographs just showing what's around.

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Just showing what's around.

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It's all vacant property over here.

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It's all vacant property over here.

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It's all zone RM1, but all vacant property.

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There's a school down the street.

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And again, this is the property.

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It's all vacant property here.

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That's Lancaster Avenue, so that's commercial, but that front's on Lancaster Avenue.

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And then again, vacant properties across the street.

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So when we met with the RCO, they fully supported the idea of having seven residential units in this property because it would add density to the community to help support the struggling businesses on Lancaster Avenue.

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They understood that this really doesn't support a commercial use here and that the commercial uses on Lancaster Avenue don't need any competition on 41st Street.

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They need help, again, with more than 30 businesses closing there in the past year.

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This is why the RCO overwhelmingly supported the project.

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They want the density.

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They want the old dilapidated building that's on the property to be demolished and to be replaced with a modern building and the modern amenities of a modern building.

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So that's why they supported this.

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That's why it is a – and we're the last CMX2 building.

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Everything else to the north is RM1, and there are several CMX2 buildings, like I said, that are all –

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um um non-commercial 100 residential and i haven't if anybody has any questions i'm

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available i also like to call on mr knightovich

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if he's available mr eugene knightovich here we have mr nadovich mr nadovich you can unmute

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yourself and speak good afternoon sir please identify yourself spell your full name and i'll

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swear you in? My name is Eugene Nyevich, E-U-G-E-N-E. Last name is N as in Nancy, A-Y, Z as in David,

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O, V as in Victor, I-C-H. You swear or affirm to tell the truth, the whole truth, nothing but the

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truth? I do. Thank you, Mr. Maglioni. Thank you, Mr. Chairman. Eugene, did you hear my statements?

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I did.

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And are they true and correct?

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They are.

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And do you adopt them as your testimony?

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Yes, I do.

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I have no further questions for Mr. Novich.

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Any questions from the board?

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No.

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No.

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Anyone else would like to testify in this case, please raise your hand.

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Chair, there are no other hands at this time.

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Thank you. Thank you. Planning Commission.

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For the afternoon, this is Greg Waldman from Planning Commission staff.

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The comprehensive plan recommends a change from the Commercial Mixed Use 2 to Commercial Mixed Use 2.5 at this location.

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Both the existing and proposed zoning require ground floor commercial use.

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This section of 41st Street does not have active commercial uses nearby, which are concentrated

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along Lancaster Avenue, which is very nearby to this property. However, seven units still

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exceeds the de minimis relief from the four units required by code, or five units if the ground

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floor was occupied by a dwelling unit. Planning Commission recommends that the zoning floor

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deny this variance. MI 2021-001-011-717 North 41st Street. My vote is yes. My vote is yes.

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My vote is yes. My vote is yes. My vote is yes. Okay, that concludes the two o'clock. Thank you.

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Tech includes a two o'clock list. It is now 4 11.

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So we'll say it's where we'll be back at 4 20.

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Today or tomorrow?

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Today, today, Carol.

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You escaped this morning. You jinxed us this morning.

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I did not. I did not. And if I did, I apologize.

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All right. Apology accepted. See you all at 4 20.

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