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Hearing video

ZBA Hearing - November 9, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Nov 9, 20226h 28m

This is an RSA 3 property. It's currently a vacant lot in the middle of a block of gigantic

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twins. What we're looking to do because of the overall size of the lot and because constructing

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a home that is single family of a similar size and dimension, style, any of that, is

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simply financially impossible from a realism perspective. That's the hardship we're facing,

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so we're seeking to be able to allow multifamily on the property for three dwelling units, which

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would be in line with this lot size. And you'll see as well, members of the board, that although

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this property is zoned RSA 3, we're located pretty closely to other properties that are zoned

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multifamily. So there's our application for appeal. One moment, please. There we are.

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what's going on

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so whatever reason that's not working but we have our

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area zoning map here and this is exactly what i was talking about members of the board so

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this is our property directly behind us is rm1 and then lots are something like

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half the size of what we're looking at here on our rsa3

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lots currently. And then we have a mix of CMX in the area as well. Haverford Ave is the main drag.

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North 63rd Street runs this way, which is pretty large. 64th is still a pretty well-traveled street.

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There's traffic in each direction, but it's smaller than the main thoroughfares.

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What we have next is an overhead shot, so we can kind of see exactly what we're looking at again.

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Haverford main thoroughfare. This is the size of the lot that we're talking about, members of the

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board. It's huge compared with the houses that are directly behind, which are about

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half the width and not quite as deep, which is on multifamily. So there is precedent in

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the area for that. This is my client's deed. Commercial activity license, page 15. That's

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our zoning notification that went out, oh, wow, a year and a half ago. We've been trying

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with trying to work with the RCO since then to come up to some sort of agreement that neighbors

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and the RCO and we could all work with and it simply wasn't possible. We weren't able to make

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that happen after so many months. Certificate of mailing, the letter that was sent back in May of

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21 in opposition. This is the lot itself. These are pictures that were taken quite some time ago.

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I do have the reposting photos as well. The grass is cut. But this is what we're talking about,

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members of the board. These are large lots. The homes on them are set back from the street,

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like some of the huge houses you would see in University City that have long since become

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multifamily. I believe this house next door is single family. And to the best of my recollection,

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most of the homes have maintained single family status on this block at least. There are some

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across the street and some further up the block that are multifamily. You'll see the

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property next to us is unique as well and that it's three stories versus the two

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on the remainder of the block. This is doing a 360. You see more large twins

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across the street. And that's back to our lot. These are the immediate adjacent

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properties. This one, this was one of the properties a couple doors down that did

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have two mailboxes already 615 see there are more photographs of the overall area and this is just

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Let's see, these are more photographs of the overall area, and this is just from the

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across the street looking into our subject property, which is here.

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This is multifamily around the corner, and I think it was three units, newly renovated

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for rent, multifamily just up the street, three units, more multifamily up the street,

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three units in a similar size property as one directly next to us. Multi-family. There are

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zoning signs. Again, more photographs of the area, which we've all seen. And this was our plan,

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members of the board. So we're taking some design cues while staying a little bit more modern,

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taking some design cues from the properties next door. So you see we have a covered porch

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at the property next door. We go up three stories to kind of honor that height. And we even set

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back the third story a bit to take some of the massing away from the street because it's in the

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work building. We have a side yard which we received a refusal for under the code as well

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because our side yard is less than what's required in this zoning district. I submit that it is about

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the same size as the neighboring side yard to the property directly to the left of us.

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This is our overhead site plan and you can see exactly what I'm talking about. So here's our

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side yard this is the neighboring side yard which is significantly smaller we have the same front

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yard as the neighboring property we're fitting uh the height and the depth of our building to be

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nearly identical to the adjacent property it isn't even going to be as wide so significant

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outdoor backspace condensing units to the rear egress exit from the basement another egress well

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and the Juliet balcony for use of the third-story tenant.

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All right, so just going to the floor plan starting at the basement.

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We have the area below the porch and then just open basement for storage and mechanicals.

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That's part of unit A. This is also part of unit A in the pink. One bedroom to the rear,

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bath, kitchen, living and dining, common area in the front off the porch. You go up the stairs,

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you get to the second unit, unit B, which is about the same size and layout as the first

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story of unit A. Bedroom's a little bit bigger. The layout's a little tweaked, but not by

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much. Then you go up the stairs to get into unit C, and that setback, because of that

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third story setback, there's a Juliet balcony. And then again, similar layout to the second

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story unit, but it's a little bit smaller because it's pushed back. So ultimately, we

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have one, two, three bedrooms in here that wouldn't be any more than if this were a

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single-family home, because if this were a single-family home built of the same size

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and scales and neighboring property, it's at least a five, six-bedroom house.

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By requesting this variance, we are meeting the goals of all of Philadelphia by allowing

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somebody who can't afford a brand new $600,000 house, especially with current interest rates,

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especially with a recession, to get into something smaller and more affordable to get them living

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in the neighborhood.

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That's ultimately it, members of the board.

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This is the elevation from the side, just showing we're using a mix of brick, cement

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board, and other materials.

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But there's sufficient exterior space in the front via front porch, significant exterior

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space in the rear and sides due to the significant open space, and we request that this become

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a three-family dwelling versus a single-family home simply because this lot is so large that

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frankly, it is a hardship financially, which is usually not an issue, but this is something that's

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going to run with the land. This lot can't be bigger, and it can't be subdivided in any way

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because it wouldn't be wide enough to build anything at that point. So we're left with a

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large piece of land. This is our suggestion to the community to get new construction in.

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Mr. Borovic has done a number of properties in the area. They held a coat drive in the area

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last year, and he's done a ton of development here, so it's not as if we are a stranger

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to the neighborhood and we've made ourselves available at all points, including continuing

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communication with the RCL and with the council's office, with me and with Mr. Borovitz to try

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to come to some sort of resolution that works for everybody. We're not there, so we come

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to you again with this triplex and ask for your support.

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Mr. Mulvihill, is there any other new multifamily buildings built in that area?

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area on that block on that block there aren't a new anything it's all old houses other than this

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all right and to the best of my recollection if we uh why don't we adopt your testimony

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sure mr boravich if you're on the line would you please unmute yourself and raise your hand

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i'm sorry what's your client's name last name is borowich b-o-r-o-v-i-c-h

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there's no one um in the audience with that last name okay he may have had to drop just

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okay he may have had to drop just because it's already 5 30 versus the 3 30. i suggest that

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because it's already 5 30 versus the 3 30.

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everything i said is true as an officer you're an officer of the court we'll take your testimony

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thank you questions from the board no mr chairman

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no mr chairman no mr chairman questions or comments from the virtual audience

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i see no hands share planning commission ron bednar city planning this property is indicated

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for residential use on a city plan or adopted district plan recommends no change to the

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existing rsa3 single-family zoning at this location zoning district matches the existing

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semi-detached single-family form of the block face the applicant's hardship claim is not

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supported with evidence of unique physical circumstances or condition of the property,

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the size of the vacant lot is not a hardship. The building on either side of the subject

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property are legally single-family dwellings, and we believe the majority of the buildings on the

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block face to be single-family dwellings as well. Therefore, we recommend the request of variance

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not be granted. Thank you. MI 2021, 001675 614 North 64th Street. I vote no.

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Carol? Again, Carol Tineheri, my vote is no. Thomas Holloman, my vote is no.

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James Snell. My vote is no.

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Ishmael Shahid. My vote is no.

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Thank you, counsel.

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Thank you, members of the board.

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Okay.

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So, number five, MI 2022-004-488-301-REx Avenue.

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Jody Greenblatt is the owner-applicant.

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letter of support from the chestnut hill community association with proviso

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councilwoman cindy bass is in non-opposition of this application

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yep good afternoon everyone sorry i was just coming off of mute

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could you state your name and spell for the court reporter sure my name is jody greenblatt

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J-O-D-Y

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G-R-E-E-N

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B-L-A-T-T

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Right. Do you swear or affirm to tell

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the truth, the whole truth, and nothing but the truth?

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Hello?

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Jody, can you hear me?

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Jody?

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Can you hear me?

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I do.

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I think your computer's

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a little wry there.

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Our vice chair has a few questions for you.

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Jody?

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Jody?

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Jody.

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Yeah, okay, I'm here.

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Jody, have you emailed the exhibit packet with proof of ownership, tax compliance, a copy of the refusal or referral, photos under plans of the property five days in advance of this hearing?

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And have you met with the RCO?

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And do you have a letter?

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Yes, to all of those.

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okay i was i kept hearing a buzzing i didn't know what that was this is an application for

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the erection of an addition to the existing detached accessory structure for use of single

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family household living one zoning refusal this proposed zoning is refused for a maximum

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allowed area. For accessory structures, 130 square feet is allowed. 266.65 square feet

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is proposed. So you may proceed and share your screen.

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Sure. Thank you very much for having me today. Ms. Tanara, yes, you are correct that it was

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allowable is 130 square feet and what proposed is 266.65 square feet. I'll just note that's a

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little misleading because the existing structure is already over the 130 square feet. So the

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request for variance, and I'm hoping you can see this, the presentation now. Okay. The request for

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variance is actually it's only another 30 square feet beyond what is already existing there. And

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I think this presentation is best shown just through the photos. This is the front of our

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property at 301 Rex Avenue. To the left, you will see the existing auxiliary building that's in our

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backyard. The next photos, this is, again, the front of the house that you can only

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The next photos, this is again the front of the house that you can only see the auxiliary

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building from certain angles.

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Here the right, that is the building in question.

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It's a kind of a neat old building that happens to be in our backyard and in discussing what

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we wanted to do with it because it is falling down, my husband and I agreed to consult with

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our architects and see what can be done to preserve the building and use it for our personal

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use.

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the this is just from the back our backyard the back of the house you can see where it is in

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relation again side view you could see the old wood the old doors the rear view

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and the plans here basically what's an issue is that when looking at how best to rehab this

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structure there's an interior staircase that is almost that is it's not to code it's almost

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like a ladder staircase on the inside. In order to have a staircase to code,

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because it is a two-story structure, we would lose a lot of usable space on that first floor

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area if we were to have that staircase be entirely inside the structure. Therefore,

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what our architects came up with is cantilevering the staircase starting from the interior and

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bumping out, for lack of a better word, the staircase as you can see in the side elevation

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here so that we're able to reach the second floor without using up a lot of the first

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floor, preserving the structure of the building, preserving the look of the building, and allowing

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us more usable space.

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So that bump out is what's at issue here and put us over the already non-conforming structure

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by about 30 to 35 square feet.

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Okay.

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And really, that's all I have.

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These are the plans.

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um questions from the board no mr chairman no mr chairman questions from the virtual audience

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i see no handshare um planning commission this is ron bednar city planning property is indicated

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for residential use under city plan variance is minimal and does not conflict with the

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purpose and spirit of the zoning code we recommend the request for parents be rented

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so one question before we vote the community association has a proviso

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no limited lodging use in the accessory structure is that okay that's totally fine all right so

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mi 2022 004 488 301 rex avenue i vote yes

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Carol Tenere my vote is yes

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Thomas Holloman

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my vote is yes

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Mr. Chair were you going to add the proviso or not

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oh I'm

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it's okay

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it's late in the day

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301 Brexit Avenue

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I vote yes with proviso

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no limited lodging use in the accessory structure

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Carol Tenere

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my vote is yes with proviso

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Thomas Holloman

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my vote is yes with proviso

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James Snell, my vote is yes for Proviso.

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