civus
Hearing video

ZBA Hearing - October 7, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Oct 7, 20205h 6m

hi there hi good afternoon mr buckley do you swear and affirm to tell the truth the whole

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truth nothing but the truth i do thank you please proceed thank you mr buckley uh have you had the

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opportunity to hear the full presentation that i've offered this afternoon i did and would you

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adopted a permit as your own i do thank you um questions from the board no no no anyone who

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would like to testify in this case please raise your hand at this time sure i have john geating

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john you can unmute yourself and wait to be sworn in please identify yourselves by your

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first and last name and your address for the uh stenographer sure yeah so sorry i have my baby son

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here who may no problem this is like a family affair anymore the zoning here

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i'm john i'm a neighbor here in fishtown and uh i'm speaking here in my personal capacity i am

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a board member of both fishtown neighbors association in the fishtown bid uh here but

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i'm today i'm speaking in my in just my personal capacity all right i just want to swear you in

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

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Yeah, I do.

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Thank you.

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So I think, you know, this case is a no-brainer.

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It, you know, it's a brand-new building that it's in,

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and the building itself was not required to have parking.

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It's in CMX 2.5, and, you know, but now the restaurant is triggering the use.

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And, you know, I don't know, this stuff doesn't come up so often that, like, you get a chance to talk to city council about it.

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And I know that they're kind of the relevant decision makers here.

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But I would just like to register that I think it's ridiculous that something like this would still be triggering the zoning variance in 2020.

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You know, all over the rest of the corridor, restaurants are just able to open.

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Parking is not required.

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That was a big part of the 2012 zoning code overhaul that I know you, Chairman Chico, had a lot of involvement in.

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And the whole point was, you know, to make it easier to kind of reuse buildings, you know, just like this.

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And I don't know. I wish that city council would get rid of this overlay that triggered the variance in the first place.

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because it's just a really big waste of time for you know boards like ours they're all volunteer

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uh to have to be able to hear uh no-brainer cases like this and have like you know i went

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to two different meetings about this it's just ridiculous they should they should get rid of the

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overlay um thank you i i can agree to you with you to a certain point i think it's something

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obviously you need to discuss with the district council person and when we did that when i did the

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the legislation for the commission it was designed hopefully to streamline things as we figured out

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we're going to have some bumps in the road uh it things will change as time goes on but thank you

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for your testimony anyone else wish to testify in this case no more chair thank you planning commission

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uh good afternoon chairman members of the board ian litwin planning commission staff

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this use supports the continued redevelopment of the commercial corridor and a lack of parking

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will not have a negative impact on the neighborhood accordingly uh we do not oppose granting the

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variance thank you very much mi-2020-000876 965 frankfort avenue my vote is yes my vote is yes

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my vote is yes my vote is yes good luck thank you mr chairman members of the board

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stay safe have a good afternoon when's your grand opening as soon as possible

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you sound like a politician okay have a good day

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MI 2020-000255.

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I don't have an address for this one.

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Did we skip over Torsdale Avenue?

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So this one was continued probably.

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I don't got no address.

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Okay, I apologize.

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MI2020-000831-6910, Charlesdale Avenue.

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no hands up on this one okay all right so mi-2020-000831

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yeah it's popped up i don't know okay robert paladino are you the applicant

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Hi, can you hear me?

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Yes.

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Oh, hi. Sorry about that. I was a little unclear with the hand raising. My apologies. I am the applicant, yes.

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And the owner is also here.

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Excuse me. This is Sharon Saleta. I believe Mr. Palladino is the architect.

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The applicant is always considered to be the owner.

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Oh, I'm sorry. My apologies.

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Thank you. Thank you.

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The owner's there?

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Yes, I'm promoting both to panelists.

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Okay.

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Can you still hear me?

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I logged out there for a second.

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Yes, the applicant is...

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Okay.

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Okay.

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And the applicant is prepared to present, correct?

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Yes, yes.

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Nyambi is the owner, Ms. Fuller, and she said she can't be her.

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Can you hear her voice?

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Okay.

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I can hear her now.

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I'm here now.

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Okay, Ms. Fuller.

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Yes, hi.

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Do you work in a firm to tell the truth, the whole truth, and nothing but the truth?

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I do, yes.

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Okay, this application is for an assembly and entertainment of 250 people at first floor in the same building with an existing single-family household living.

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At the second floor, no signs on this application.

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Ma'am, have you emailed an exhibit packet with the required documents, proof of ownership, proof of tax compliance,

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copy of the refusal or referral photos and plans five days prior to this hearing yes sir have you

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met with the rco and have a letter yes thank you you may proceed please identify yourself for the

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record hello everyone my name is niambi fuller i'm here 6910 torsdale um my plan for the space

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is to create, I'm sorry? Did we swear her in? Yes. Yes, she was sworn in. Yes. Just spell your full name, please.

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Sure. It's N as in Nathan, I, A, M as in Mary, B as in Barney, I. Last name is Fuller, F as in Frank, U-L-L-E-R.

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Thank you. No problem.

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please proceed okay so my plan for this space is to make it a um an event space for up to 50 people

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um just to host uh baby showers bridal showers birthday dinners um and so forth um i did meet

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with the um rca on september the first and they there's a non-opposition 100 non-opposition for

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on me to proceed with this space.

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Okay. What is the RCO? Go ahead, I'm sorry. The RCO, which RCO was it? It's Tocconi Civic Association.

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Do we have a letter? Yes. We have a letter, right? Yes.

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uh do you have any floor plans any diagrams um yes i have an exhibit i can try to share

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my screen if that would be helpful if i can somebody walk me okay i see the little check

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one second let me see share screen

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Do you have your exhibit package open?

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I do.

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I'm just trying to...

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Can you guys see that now?

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No.

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Are you able to give Rob Polidian from Landmark access to put up the plans?

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Yes, he has authority.

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Rob could you help me out because I don't know what I'm doing here now we

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have it now okay great thank you okay thank you Rob so that here that there

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explains pretty much the space with you know tables and chairs for tables and

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chairs around the table and it looks like the next one is just a clean

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slate with nothing. Rob could you go down to some of the photos now so what you know what it currently

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some of the photos now so what you know what it currently looks like that's the

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apartment upstairs and this is the space here with the gray and white floor and

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white walls and the black area there is the bathroom can everyone see that yeah

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Okay. Again that's the upstairs apartment, front room, living room, kitchen, washer and dryer area

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in the back. What you're showing us exists now? Yes sir. Yes.

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You already made the improvements, right?

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Yes.

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In the photograph B, to the left?

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Yes.

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Is that a swing?

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Yeah, so it's a stationary swing.

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It's just, yeah, it doesn't move.

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It's just, it's stuck.

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All right, I was just, okay.

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that's pretty much any questions from the board no no no anyone else who would like

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to testify in this case please raise your hand now

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no hands chair thank you planning commission good afternoon chairman members of the board

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ian litwin planning commission staff this property is indicated for commercial mixed

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use on the comprehensive plan uh assembly and entertainment use of this nature is not uh is a

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perfectly appropriate use on this section of the commercial corridor accordingly we have no

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objection to request the requested variance thank you mi-2020-000831 6910 toursdale avenue my vote

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is yes. My vote is yes. My vote is yes. My vote is yes. Good luck. Next one up. MI 2020-000-261-736-Churchland.

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i have jennifer jennifer bazillo

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hello hey jennifer you saw the old from this morning you saw an affirm i'm sorry do you agree

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

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an exhibit packet with the required documents proof of ownership proof of tax compliance copy

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of the refusal or referral photos and plans five days prior to this hearing yes great and uh have

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you met with the rco and have a letter i do thank you you may proceed great let me just share my

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screen quickly. Let me get the right screen to share. Okay, so, um, so, um, Jennifer Bezidlow,

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45, excuse me, 4500 Worth Street Suite, D202, Philadelphia, Pennsylvania, 19124. I'm here on

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behalf of the owners of 736 church lane uh levi alone and then uh i'm also joined with trina

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clark who is the property manager for this property through tcs management she should also

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be on the call um i've submitted a packet with the refusal project information form deed tax

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compliance letter of support from the penn area neighborhood association a copy of the community

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notification letter, aerial views of the property, zoning

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archive of New Roy properties, photos, and plans which I would like

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to incorporate into the record. Let me just get a photo up of this

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property, one second.

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All right, so 736 Church Lane is a larger parcel at over

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2 000 square feet um with an existing um it should be a semi-detached structure but uh

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It should be a semi-detached structure but its other half of the twin had been demolished.

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its other half of the twin had been demolished

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The existing structure also has over 2,000 square feet of space on the inside. This property is

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located at the intersection of Church and Crowson which is about a half a block off of Chew Avenue

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in the East Oak Wayne neighborhood. My clients purchased this property in May of 2019 and it

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was in very rough condition but already divided into the two units and they have

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made improvements to restore the building to make it habitable again and

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prevent it from being demolished as it's the other half of its twin was. I'm

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going to take you to the floor plans. The building is currently divided into two

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units. The first floor is a one-bedroom one-bath unit and then the second and

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third floors are a bi-level unit which can either be used as a three or four bedroom unit depending

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on how you use this front room you might use this as a playroom living room that sort of thing

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my client buys these buildings that are maybe in a little rough shape renovates them to a nice

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standard but rents them out to the community at affordable rates for the people that live there

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I know it's not really a zoning matter, but these units are affordable for

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people. The first floor units rented at 825 and the second floor will be 1150

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which puts them at affordable for people making under $40,000 a year, families

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making under 40. Let me just go to the photos again. Let me just make them a

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little bit bigger hold on one second okay so that's the front this is either side of the

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property this side we do not own which is why there's bushes there this is up and down church

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Schleen. This is the intersection of Crowson Street. And as I'll get to in a moment, these

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are also multifamily buildings with or mixed use commercial. I'll come back to this photo.

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And then the interior, and these are some other, come back to these ones as well. These are the

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interior photos. As you can see, they're nicely renovated modern apartments, not luxury apartments,

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but modern and well kept units. Let me just go, I'm sorry the dimensions. Okay so as I mentioned

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this use as a two-family dwelling was pre-existing but also not out of character with the community.

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So we take a look at the zoning map and this is the property right here

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and this is church lane and there is large multi-family dwellings on this block as well as

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other multi-family zoning nearby and most of what's labeled as residential single family

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residential here this is a plain field for LaSalle and this is a large commercial development that I

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show you in the aerial photos. So you can see this is our property, this is all

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commercial, this is a playing field for LaSalle. In fact if you go to the zoning

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archive for the six and seven hundred block of Church Lane, I don't need to

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show you necessarily all of these, but in the six and hundred block of Church

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Lane there's actually only two properties which are currently zoned for single

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family use and all the other properties that face or on the 600 or 700 block of

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Church Lane which is between Musgraves and Chew Avenue are either multi-family

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some some up to 44 units personal care homes rooming houses commercial uses or

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commercial mixed use. So while this property is zoned for single family use, the actual character

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of the neighborhood is for multi-family and commercial mixed use property. I just want to

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address parking for one second because it is a refusal because this is an RSA 3 zone property.

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And go back to this other photo.

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So this is our property right here and as you can see these are pretty much all the same houses.

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They are over a hundred years old, and when they were constructed, off-street parking

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was never considered.

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um we could not add off-street parking to this property without demolishing the building

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We could not add off-street parking to this property.

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and when we talked to the neighbors one of the things they liked best about our proposal was

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that we were maintaining the building and upgrading it and making sure we're preserving the structure

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so off-street parking really isn't an option i'd also like to point out that while we are only

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proposing two units in this building 740 which is the same which is the same exact size and structure

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is actually a permitted tripartist. And then 732, which is right here, is a five-person rooming

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house, neither of which have off-street parking. So we did meet with the Penn Area Neighborhood

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