civus
Hearing video

ZBA Hearing - May 26, 2021

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

a full roof deck, which the community had concerns with. So the small roof deck design,

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a access pathway that's built into the property to allow rear yard access as well,

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all these in combination made it so that this use is not likely to cause problems that are

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generally of concern with multifamily, which is trash and density. We're also not proposing

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high density in the units, two bedrooms for the top two units, and one bedroom with rec area for

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the lower unit. The community, again, looked at the plants and had no real issue with the design

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The community, again, looked at the plants and had no real issue with the design or the density factor. We do provide a nice living area for all three units, along with a relatively large kitchen for particularly the first unit.

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with the density.

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So as a result, we were given support from the community.

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And once again, trash management is quite easy with this property because all units have access to the rear yard and the top unit, if they choose not to use the rear yard, can still store temporarily on the roof deck.

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So with that, we would ask the board's favorable review in this case.

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I'm happy to answer any specific questions from the board or show any other exhibit that's required.

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do you have a client to accept your testimony yes i uh mr uh chagai bader should be available

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to verify my testimony chagai can you raise your hand please

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mr bader you've been unmuted you can unmute yourself on your side and speak

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hello good morning sir please identify yourself spell your first and last name

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My first name is Chagai, C-H-A-G-A-I.

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My last name is Bader, B-A-D-E-R.

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You swear or 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, Mr.

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Thank you.

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Mr. Bader, you heard my testimony and saw the presentation I provided to the board.

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Can you verify that what I've shown and stated are true and correct and adopted as your own testimony?

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Yes.

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Thank you.

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thank you any questions from the board no no no anyone else like to testify in this case if so

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please raise your hand there are no hands at this time chair thank you planning commission

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

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uh chair members of the board the comprehensive plan recommends a zoning map change to rsa 5

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at this location the applicant's hardship claim is not supported with evidence of unique physical

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circumstances or conditions of the property this is simply a request to exceed the permitted

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dwelling unit count under the zoning regulations so the city planning commission recommends that

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the board deny the variance thank you mr jen how many units again was this this is a three unit

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proposal. Again, currently, this is an RM1 district, and the lot is actually 1,231 square

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feet, so it's a pretty large lot. We have no dimensional variances in this case. We're

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actually building according to all dimensions required with open space, rear yard, all meeting

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the cold. MI 2021-000465-2252 North Del High Street. My vote is yes. My vote is yes. My vote

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Street. I believe there's a Mr. Charles Farlow whose daughter, Sean Parsons, will be assisting

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her dad in presenting this application. There's a letter of non-opposition from Councilman

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Squilla and also a letter of non-opposition from the South Philadelphia Communities Civic

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Association. Charles Farlow, please raise your hand on which device you wish to proceed.

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Can you hear us, please?

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Farlow?

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Is this Ms. Parsons?

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Yes, sir. Can you please hear us, Chairman Frank?

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I can hear you, but we didn't hear your dad.

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Right here.

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Okay.

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

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F-A-R-L-O-W.

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You swear to 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.

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And Ms. Parsons, you'll be assisting your dad, so please spell your full name.

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Sean, S-H-A-W-N, Parsons, P-A-R-S-O-N-S.

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

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God's honest.

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Okay, real quick, have you emailed an exhibit packet with the required documents,

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proof of ownership, proof of tax compliance, copy of the refusal or referral,

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Proof of tax compliance, copy of the refusal or referral holders and plans five days prior to this hearing?

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voters and plans filed?

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Yes, sir. We emailed everything.

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Also, have you met with the RCO and have a letter?

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What is RCO, please?

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The community group? You guys met with the community group?

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Yes, yes. Mark Squilla, yes. We submitted that letter, yes.

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How about the community?

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we submitted a bunch of signatures on three or four pages yes I'm sorry if I could

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secretary confessor Ms. Parsons did you get documentation from the RCO notification email box

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of identifying who the RCO is that you should meet with to discuss the project excuse me this is

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sharon um they did meet with them it was south broad street they have a letter of non-opposition

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okay perfect thank you thank you thank you please proceed with your testimony ma'am

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um i'm not sure what testimony we have um i'm sorry excuse me relax relax relax no no no

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don't get nervous you'll be fine i'm just tell us what it is you want to tell us what your

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application is about what what is it sure sure sure so uh my dad's house had a little out cove

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off the kitchen that was sinking and leaking so when we asked to get it fixed they said well you

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might as well extend off the kitchen which is what i'm going to interrupt you for a second

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do you have any photographs you can share with us oh that's where i feel defeated i sent everything

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i don't have a powerpoint like everyone else does but i sent everything sir

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i sent everything it's okay um chair if you like um i can try to have the

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zba staff look for it and um either email you guys or either i can try to present it's your call

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i just don't want to i want to make sure well we're not going to get a permit unless it's done

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correct it's not made what we're doing it's just an extension out in the yard i understand but

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we generally need photographs and or plans i provided them to you chairman frank i promise

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yes i will email them to tanya i'm not able to present but um tanya if i forward them to you

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will you be able to share your screen um i can attempt thank you thank you just hang in there

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let me ask uh mr haggardy of the planning commission do you have any of the visuals

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uh i don't have them to share but we have reviewed them do you have any objections to

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what is being presented we do not we believe this uh variance is de minimis

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so tanya and sharon unless we sharon unless we really need this for the record

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i think it's a pretty straightforward uh application i agree fine chair yes

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all right um any questions from the board no no no okay so mi 2020 does zero zero two one seven

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four two seven two zero fair hill street my vote is yes my vote is yes my vote is yes

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okay miss parsons have a good day you've been approved

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All right, next case. And to the court reporter, we have two cases left. Do you need a break now?

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Mr. Chair, if I could have two minutes, I would appreciate it.

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Take five.

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Thank you.

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Thank you. And we'll come back. We'll be on number 10, confessor.

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You got it, buddy.

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Excuse me, Chair. Did you say 10 minutes?

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uh i said five but five is fine five is fine thank you i said number 10 was on next our next

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case number 10 thank you thank you

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You

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Thank you.

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Thank you.

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Thank you.

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Thank you.

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Thank you.

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Thank you.

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Thank you.

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Thank you.

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um chair this is sharon if we could speak offline for a moment

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yeah i'll call you right now

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Thank you.

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You

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Thank you.

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Confessor, would you please call me on my cell, please?

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Sure.

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Thank you.

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Thank you.

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Thank you.

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Thank you.

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Thank you.

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okay i think we're all back ready to go and this will be case number 10 on our list am i

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i'm sorry there's an add-on correct yep okay calendar number mi 2021 000 423 1325 south 56

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street my vote is yes um excuse me um mr plaza this um hearing was the hearing was held last

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Wednesday, May 19th. It was held for receipt of the RCO letter, which we said would be read into

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the record prior to the vote. If I could just quickly read that into the record. Okay, that's

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fine. Thank you. Dear Chairman DiCicco and CBA members, the below participating members of the

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51st Ward Democrats RCO have adopted a position of support in the matter of the refusal of an

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application for 1325 South 52nd Street with proviso and a community benefits agreement.

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Application description for the relocation of lot lines from two lots to one lot parcel for

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the expansion of a non-conforming multi-family household living use 12 unit size and location

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family household living use 12 unit size and location as per plans one concern was the limited

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as per plan.

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number of near neighbors present at the original april 5th 2021 community meeting and the may 21st

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2021 meeting several issues were raised regarding trash removal and ada compliance ada compliance

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refers to the americans with disabilities act below is the summary of a public community meeting

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held on may 24 2021 regarding the above reference zoning proposal councilwoman goth the a's office is

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aware is aware of our position in this matter the applicant has informed us the building would be

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ad a compliant proviso the applicant has agreed to provide commercial trash removal to be adjusted

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seasonally the applicant has agreed to use containers which are readily concealable on

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site this matter will be revisited in three years there is also a description description of um

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a community benefits agreement and it is signed by the participating members um i would advise

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the board that the only enforceable proviso is uh commercial trash pickup thank you

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Thank you. MI 2021, 000423, 1325 South 56th Street. My vote is yes.

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I think that's 52nd. Is that 52nd Street?

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Yes, it is 52nd Street.

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i'm sorry 52nd street my vote is yes with proviso trash commercial trash pickup thank you

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yes with proviso yes with proviso thank you uh we'll now go to case number 10 mi 2020-0021313625

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5 North 15th Street, Mr. Mulvihill.

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Mr. Mulvihill is coming in as a panelist, Chair.

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Good morning, Chairman.

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We just lost you.

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Mary, can you hear me and see me in about two seconds?

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there we go

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there you go okay good morning please identify yourself and i'll swear you in

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good morning chairman members of the board leo multi-hill that's m-u-l-b-s-m-victor

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i-e-c-i-m-l-p-l addresses 315 green street Philadelphia first floor 19123

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you swear a friend to tell the truth the whole truth and nothing but the truth

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I do.

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Thank you.

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Please proceed.

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Mr. Moore, will you agree to wait the reading of its refusal and stipulate to its accuracy?

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I do.

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Have you emailed an exhibit packet with the required documents, proof of ownership,

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proof of tax compliance, copied the refusal or referral five days prior to this hearing?

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I have.

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Also, have you met with the RCO and have a letter?

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I do.

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Please proceed. Thank you.

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So good morning, Chairman, members of the board.

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This is an application for a new two-family dwelling on a currently vacant lot at 3625 North 15th Street.

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Recently, in two other cases, this board has approved multifamily development on this very block.

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uh 3649 north 15th street and 3651 north 14th street party north 15th street those are both

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multi-family four unit dwellings those permits were issued in january and march of 2021 and those

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are cases that were previously handled by me uh this is with respect to that vacant lot for

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purpose of the record this is my zoning packet we have the refusal appeal and project information

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form at page one area zoning map seven deed eight commercial activity license at 14 tax clearance at

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15. our zoning notice is at 17. rco letter was not available at the time that i originally submitted

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this packet so i have slipped it in and i believe the board has received it under separate copy

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photos of the property are 20 and plans are at 30. so members of the board we're looking at a

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property that is zoned rsa5 this block is about half a block down from erie avenue and it's a

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one block over from broad street both of which are zoned cmx3 as we'll see in the zoning maps

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very shortly uh this slot is relatively decently sized at 1080 square feet and our proposal is for

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a two-family dwelling we received refusal for asking for two family in the rsa5 uh building

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asking for two family in the RSA 5. Building height we received due to the construction of

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height we received due to the construction

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the pilot house which I'll get into in a moment just due to points of egress and then rear yard

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depth we asked for a seven foot rear yard to allow for greater sizes of units.

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Members of the board I'm now showing page seven of my packet this is the overhead zoning shot

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showing both the map of the area itself.

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Oh, Mike, one moment, members of the board.

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So this blue pin indicates the property.

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It is a corner property on Lenox and 15th Street.

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This is broad.

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Pacific is just north of us, and Erie is just north of that.

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Scrolling down to the bottom of that page, it's 7th.

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