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Hearing video

ZBA Hearing - June 21, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Jun 21, 20221h 1m

The project itself is directly across the street from an elementary school.

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It has next to it a self-service storage facility and another School of Discovery Charter, which also received a variance to operate in the I-1 Industrial Zoning District.

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To the south is an auto repair facility.

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Directly to the south of that, also in the I-2 Zoning District, are two additional residential properties.

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So this is an overview. This is our property, Belmont Avenue, Wide Street, Big Street, Thompson Street, very limited use, Lex Street.

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Across, you can see this is a school. These are all multifamily residential structures directly across the street.

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And a little bit farther down, there is some commercial uses like the Pink Cafe.

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And down here are also residential structures in the I-2.

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zoning district this is the building that we would demolish and replace with the new building

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just so you can have some context as to where we're talking again

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where we're talking. Again, this is the building, this is the auto, and then this is residential

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this is the building this is the auto and then

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right in the same stretch, and then larger residential down the street.

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There's the cell phone tower in the back of the property. Further surrounding properties

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across the street, as you can see, it's all multifamily, residential.

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there's the self-storage facility next to us it's a very low impact

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use there's the other school the discovery charter school again on the same side of the

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street as us going towards north towards fairmount park again looking north towards fairmount park

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you can see there's a fire station as well across the street there is the school that's directly

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across the street from let's see have one school here and another school over there on the other

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side of the street and that is fairmount park up there as you transition from residential uses up

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to fairmount park again another picture of the school directly across the street the multi-family

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and limited commercial uses over there again there's a cafe and another vacant commercial

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use, but all multifamily above it.

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And just some additional shots in just showing the context of where we are.

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And this is again, the residential uses that are right next to the auto facility,

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and they are also multifamily and in the I2 zoning district.

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Just want to go down to the floor plans.

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We have.

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In the basement, parking for 32 cars, you would access this from Thompson Street.

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Come in.

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This is Belmont Avenue.

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This is Thompson Street.

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You enter the basement off of Thompson Street.

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There's a ramp that goes down.

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It's all underground parking, 32 spots with the required ADA parking spaces.

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On the first floor, we have artist studios.

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These are permitted uses in the district.

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All glass along both Belmont Avenue and Thompson Street, where the artist studios are.

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An amenity room for the residents.

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Bicycle storage and package room.

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Lobby elevator.

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There is a trash room, which has direct access to Thompson Street.

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So we have private trash pickup.

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The trucks will be on Thompson Street.

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The totes will be wheeled out to Thompson Street.

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Again, people aren't gonna be back on Thompson Street.

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It's a very limited use street.

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There's also a storage area

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and an additional freight elevator,

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which has access again, off of Thompson Street.

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This is the existing cell phone tower site

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and the rear area for residential use.

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The floor plans, they are slight,

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there's 84 residential units.

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There are eight one-bedroom units and six two-bedroom units.

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There are variations, limited variations on each floor.

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Some have balconies, some don't.

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This is also an area that's a courtyard but not used to provide light and air to these units that are on the inside of that courtyard.

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That's the second floor.

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The third floor, you can see there's some slight changes because there's some balconies on some of the units.

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and the scene is for the fifth floor again slight changes on the floor plans

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but nothing substantial and the same the sixth and the seventh floor and there's

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the proposed rooftop deck with two stairs and an elevator access to get

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there as well we also have renderings and again the exterior materials are

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brick and some other composite.

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And again, at the street level, this is an access,

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you can walk back to the back area and there'll be windows

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because this is an artist studio,

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there'll be windows along this access way.

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Also large floor to ceiling windows on both Belmont Avenue

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and Thompson Street.

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You can see again, showing down Thompson Street.

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further renderings from the back showing the cell phone tower in the rear

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the area behind it again looking at the roof off of belmont avenue

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an additional rendering showing the back and one final rendering looking at the

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rear of the property, the outdoor amenity space for the residents, and also could be

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The outdoor amenity space for the residents, and also could be used for the artist studios that are there.

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used for the artist's studio.

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So this area is no longer industrial.

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It is a link from the community, residential community to the south of the Fairmount Park.

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A single variance that we're requesting will permit development of this property in a residential use with artist studios at the first floor.

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that provides a transition, again, from the residential uses all the way up to Belmont Avenue.

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There are multiple uses on the street, including to-school the firehouse, commercial uses, apartments, and et cetera.

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And again, we have the full 100% support of the RCO.

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So it would allow for better pedestrian and bicycle access along Parkside Avenue, sorry, along Belmont Avenue, getting up to Parkside Avenue and Fairmount Park.

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The location of the property.

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Personally, the artist studios, the owner of the property, and he's going to testify in a minute, also works with the artist galleries that are located on Belmont Avenue across the street.

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And the studios will complement the galleries that already exist there.

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The location and surrounding uses do create an unnecessary hardship to the property and justify grieving of the variance.

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They're not going to substantially increase congestion.

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The underground parking, which was really appreciated by the RCO, will keep all parking off of the street, minimize the impact of cars in the area.

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And again, will help with making it more inviting to pedestrians and bikers.

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What I'd like to do is call on German Yakubov, the principal.

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Sure.

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Sir, could you state your name and spell for the court reporter?

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Yes, German Yakubov, G-E-R-M-A-N Yakubov, Y-A-K-U-B-O-V.

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

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I do so swear.

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Please proceed, counsel.

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Thank you, Mr. Chairman. And Chairman, when you looked at this property, did you look at possible industrial uses?

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We did. And there just wasn't any real demand for it.

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The current occupant has been there since the 60s, and they're moving out just because of the condition of the building and, you know, the lack of need for industrial space in this area.

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They're transferring their business further into a more industrial park type of setting as opposed to this building.

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And in looking at this property, why did you determine these uses would not work?

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uh talking talking to the owner um just doing some market analysis there's also uh much more

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pressure for a need for residential development there we we've maintained uh a ground floor

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industrial use for artist studios which complements the the growing um population of

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artists in the neighborhood there's an artist gallery that was recently approved by the zba

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across the street and uh miguel horn who's a famous philadelphia artist has a studio half a

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block away on South Street. There are multiple artists that use his studio and it's always kind

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of spills out into the street just because they don't have any space. And we figured this would

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be a good lighter use of industrial space while still complimenting the demand for residential

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use in the neighborhood. Well, if the variance is granted, will it cause any harm to adjacent

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some properties? Not at all. And will granting of the bearings create any environmental issues?

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It won't. If anything, it'll have a lesser impact on congestion. This property is within

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a half a block of a trolley stop. It's across the street from a bus stop.

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So it's very transit oriented. Did you hear my earlier statements?

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I did. And are they thrown correct? Yes, they are.

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And do you adopt them as your testimony?

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I do.

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I have nothing further for Mr. Yacobab and no further witnesses, Mr. Chairman.

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Questions from the board?

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No, Mr. Chairman.

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No, Mr. Chairman.

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No, Mr. Chairman.

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Questions or comments from the virtual audience?

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I don't see any further hands, Mr. Chair.

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Planning Commission?

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Ron Bednar, City Planning.

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while this property is currently indicated for industrial on the city plan given the surrounding

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context we recommend the course of variance be granted thank you MI 2022 000 273 1238 to 46

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0-0-0-2-7-3-12-38-46 Belmont Avenue, I vote yes.

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Carol Tenere, my vote is yes.

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Thomas Holloman, my vote is yes.

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Ishmael Shaheed, my vote is yes as well.

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Thank you, Mr. Chairman.

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Thank you.

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Thank you.

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Thank you.

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MI 2021-004-758-136 West Shartnack Street.

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Sean Ward is the attorney.

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There is a letter of support from West Mount Airy Neighbors Association, which was sent to us by Mr. Richardson.

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And a letter of non-opposition is coming from Councilwoman Bass.

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Okay, sir.

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Mr. Ward will be rejoining shortly as an end.

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I will promote him or do my best to promote him.

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Thank you.

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Good morning, Chairman Bergman, members of the board, Sean Ward, on behalf of the applicant, and that is spelled S-H-A-W-N-W-A-R-D.

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Do 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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Could you identify your client in relationship to the property?

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Yeah, my client is Vargas Oganisian, O-G-A-N-I-S-E-A-N, and he's doing business as V&V Holdings LLC, which is the owner of the subject property.

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Our vice chair has a few questions.

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Good morning, Mr. Ward. Do you agree to await the reading of the refusal and stipulate to its accuracy?

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Yes, I do.

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have you emailed the exhibit packet with proof of ownership tax compliance a copy of the refusal or

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referral photos under plans of the property five days in advance of this hearing and have you met

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with the rco and do you have a letter yes to all the above okay great you may proceed um and begin

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sharing your screen okay very good um mr chairman i've submitted my typical exhibit packet which

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includes a one is the notice of refusal and the eclipse application. This was an application for

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the erection of a semi-detached structure for use as a single family dwelling. It resulted in what

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I would consider three minor variance requests. One is a vertical deck support which is less than

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18 inches from the side lot line. The minimum side yard eight feet is required versus 4.127

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feet proposed and one off street parking space is required in the district however it is physically

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impossible to provide same so we seek a variance for those three a2 is the zba application a3 is

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the project information form a4 is proof of ownership a5 proof of tax clearance a6 is the

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original slate and elevation plan pursuant to our three meetings with the rco we revised the

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facade elevation. It doesn't have any effect upon the refusals. However, in spirit of

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cooperation, we did revise the front facade to mimic or blend in with the character and nature

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of the block. A8 are photographs. A9 is my RCO meeting notice and certificate of mailing.

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A10 is the RCO letter. A11 is the zoning history of the subject. There were three other

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projects built on this block of Sharpenack Street, similar in nature, single-family dwellings with

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side yard setback variances and variance from parking requirements. A15 is the zoning map and

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A16 is the aerial photograph. So very quickly, we have our refusal, application of appeal,

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project information form, copy of the deed, tax clearance.

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This is the original site plan and elevation plan.

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While we did make an effort in the beginning to kind of match the eaves of the front of the structure,

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we did go back and revise it to what is considerably a much better design,

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which was supported by the neighbors. With regard to the variance, the red dot indicates where the vertical column is on the rear deck.

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With regard to the variance, the red dot indicates where the vertical column is on the rear deck.

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It does abut the property line as opposed to being set back 18 inches from the property line.

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With regard to the side yard setback, we have 4.127 feet.

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This property is only 19.96 feet wide.

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If we were to provide an eight-foot setback, the resulting property, the structure would be less than 12 feet wide

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and would be problematic for interior architectural designs. In addition, given the small size of the

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lot, to have an off-street parking space would be problematic. This is the picture of the site.

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We're going to build an attached structure attaching to 138 West Sharpnack Street.

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As you can see in the photographs, no other properties on the block have off-street parking.

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Looking up and down the block, aerial views, you can see these are twin homes and there

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are no Wall Street parking spaces.

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And Westmount area, as you stated, did submit a letter of support, 9 in support, 0 opposed.

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And I believe Charles Richardson is on the call.

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He had issued an email yesterday indicating that the councilwoman was not opposed.

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So based on the foregoing, we would ask that the zoning board grant their requested variances.

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If the board would like, if the chair pleases, I can have Vargas allowed to speak to verify and adopt.

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Or as an officer of the court, I would ask the board to stipulate that if called to testify, he would verify my representations as true and correct.

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And he would adopt them as his own.

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Sure. We'll allow it. Hillary, we need a copy of the tax documents?

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we're we're good we're good with the tax documents um but i did i did want to ask um

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