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Hearing video

ZBA Hearing - July 14, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Jul 14, 20216h 15m

the subject block of South 18th Street and the adjacent block of South Cleveland Street, there

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are several other lots which do not meet 1440. As the board may be familiar because we've had a

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number of cases on Cleveland Street, this block notoriously has very, very small lots. There's

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everything but about four other properties including ours that do not that are uh not

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street to street there's only four properties total that are street to street uh two of which

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have rear parking uh coming from cleveland street which was not preferred by the people on the block

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or something they were looking to have us do with this and so we are looking to subdivide it

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make these in alignment with the lots that are already there and provide two new single family

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homes. As you can see, all of these lots are under 1,000 square feet, significantly under 1,000

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square feet. The properties, the sizes that we're proposing are actually going to be larger or in

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line with what's already there. As I mentioned to the board a few minutes ago, we're providing,

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we're looking to provide lots that are in line with these already existing, although a little

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smaller than the 1440. You have a mix of 800 square feet, 600 square feet, 700 square feet.

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So our lots, again, 840 is from lot A, which is right in line, actually bigger than the majority

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of the existing lots. And then lot B, 740, which is in line. Just to give an example, I did another

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case in front of the board, 748 South Cleveland, that was a 704 square foot lot. So we're larger

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than all of those. Additionally, the existing lot right now is about 1560 square feet. It also

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has an existing duplex, so we're not adding more density. We're just spreading out, and actually

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we'll show in the plans we're going to be providing more open space. The existing building right now

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takes up a lot of that lot and also goes pretty far back, blocking a lot of light and air in

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addition to the fact that the way that it's aligned cuts off some of the rear yards that

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all the other properties have. Additionally, it's worth noting that many years ago this board

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approved another project on this block right down right a couple houses away at 767 South Cleveland

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that it was a 553 square foot lot and they approved a number of variances for that project that are

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um and they approved a number of variances for that project that are more um a little bit more

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severe than what we're asking for specifically they were asked for two foot rear yard depth

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we have no refusals for rear yard depth we're providing seven and nine on each of these and

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also for open space again we're at 17.1 on just the one lot and this was almost allowed to provide

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zero percent open space so just uh showing kind of the comparison and that we're trying to meet

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the least modification of the code while still providing um livable houses that are in line

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with everything else that's there um we met with sasna um we'll go the architects uh can go through

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our plans um the concerns were uh not around the subdivision or the open space um the concerns were

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mostly around the aesthetic we had originally proposed. I'm going to stop my screen so that

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the architects can jump on. That's Evan and Leah Litvin from Low Design, so they can show the

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changes that we made. But just to characterize, on the 18th Street side, the biggest concern was

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wanting to not do the demolition of the existing structure, leave the facade that's there,

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and utilize that for the new home.

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We agreed to that.

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We've made those revisions

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and actually provided that in a second meeting

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to the architectural committee of SASNA.

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And I believe that they were happy about that change.

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And that was something that was reflected

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in the comments from the community.

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On the Cleveland Street side,

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the comments were around kind of lightening up

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the facade that we had originally proposed

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and mostly was around providing a mansard roof.

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We have since amended the plans to provide a red brick instead of the darker brick we were looking at, and also providing a mansard roof to meet those recommendations.

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Again, there wasn't much opposition from my understanding and my experience in the meeting related to the two refusals.

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Again, open space and also lot size.

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the concerns were really around the existing facade of the 18th street and putting a mansard

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roof and having the Cleveland street side look a little bit more in context with the homes that

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were there. Again, we're just asking for these lots to be similar, actually a bit larger than

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what's currently there on all the existing properties and looking for the board to support

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our variance given we've made those changes requested by the community. So Leah and Evan,

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if you can go through your presentation, and I think just for illustrative purposes, it's helpful

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to go through the lot sizes of the adjacent properties just because when you see it visually,

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it does a bit better than me just listing them out. Absolutely. We'll start at the beginning.

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Sure, and my name is Evan Litvin, L-I-T-V-I-N, 2116 Locust Street, Philadelphia PA 19103.

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You swear if I'm 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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Ms. Litvin, excuse me, you are on their oath from earlier.

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Thank you.

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Great.

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Thank you to the board, and we appreciate your time in allowing us to share this project

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with you.

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I need to share the screen.

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Sorry, bear with me one second.

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There we go.

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Can you confirm that you're seeing the screen?

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Yeah.

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Yes.

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Okay.

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As Rachel mentioned, the lot is street to street between 18th Street and South Cleveland.

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The existing structure on the lot is a single-family home. It had a single structure,

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I'm sorry, that was functioning as a duplex to give a sense of the site. We have photos

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looking north on 18th Street and looking south on 18th Street, as well as south on Cleveland

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and north on Cleveland. The existing site is 97.5 feet by 16 feet. The current structure is 62 feet

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six inches deep. So it's one single structure that is three stories tall all the way back.

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It has a 35 foot deep rear yard and the lot area is 1,560 square feet.

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We're showing you the existing site plan on the left and the proposed site plan on the

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right.

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What you will notice is that we are removing the rear portion of the existing structure.

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The front portion is to remain, but we are removing the rear portion of the three-story

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three-story structure and it actually is creating this open space that does not exist.

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structure and it actually is creating this open space that does not exist.

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Right now.

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Right now the existing structure comes back to align to the rear of the Cleveland Street

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fronting home at 759. So we're creating a 16-foot open space to the structures to the north

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allowing more light and air than is currently provided. We are here to review two refusals,

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the subdivision of the lot and additional open area for parcel A.

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To discuss the subdivision first, parcel A, which fronts on 18th Street, is 16 feet by 52 and a half feet deep.

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And parcel B, fronting on South Cleveland Street, is 16 feet by 45 feet.

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and again if the lot size is 1560 square feet if the lot were 1600 square feet the subdivision

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would be allowed by right based on the size of this lot and the adjacent lots so we're just we're

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just under the cusp the second refusal pertains to open area of parcel a only we are providing a

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7-foot rear yard for parcel B. It's 45 feet deep. Because it is 45 feet deep, it is exempt from the

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open area requirement, and we are providing the 7-foot required rear yard. For parcel A, which

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is 52.5 feet deep, we are providing the required 9-foot rear yard. However, as it relates to open

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area, we are providing 17% as opposed to the required 25%. And while we could potentially

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get to 25% by making the rear portion of the structure narrower, the impact to the houses

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to the north do not come from that. They come from the 16-foot space from the back of the

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building to the back of the building that we're creating. Right now, it's a three-story structure

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in this space.

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And to just give a sense of how what we are proposing fits into the context of this block,

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we put together an informal survey and looking at houses to the north and houses to the south,

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as well as their rear yards and the dimensions between the backs of houses.

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This was not prepared by a professional surveyor.

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this is, you know, pulling from our information that's available to us. But when you see that

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we're on Cleveland Street, we're showing a seven-foot rear yard. When you look up, you have

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around six feet, 6'2", 6'6", 7'9", 7'3", 6'3", 5'11". Again, we're providing seven feet. The house

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to the, our fronting on South 18th Street, we're providing a nine-foot rear yard, seven feet,

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8, 10, 11, 9, 8, 10, and then this one's a little deeper, 14 and a half, but then three feet.

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So what we are providing is very much in the spirit of what is currently on this block.

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And just to give you a photo to sort of emphasize the density that exists here.

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um house fronting on south 18th street is a uh four bedroom four bathroom house with two half

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baths 20 around 2600 square feet we are keeping the floor plates as they are currently uh located

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which allows for the alignments and um the house to um to uh to remain of the context

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Our initial proposal was this. It involved replacing the existing facade, it involved

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replacing the bricks, increasing the size of the window openings, and however we were intending to

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keep the cornice line. I show this because it's important to understand that this is not what we

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will be building, we're intending to build. After this was initially proposed to SOSNA,

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What we are now proposing after extensive feedback and extensive time speaking with immediate neighbors, presenting to the architectural committee of SOSNA, our client has elected to retain the existing facade on this block.

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And he will restore it, which will be a painstaking process, including replacing, because it's in pretty rough shape right now, we'll be replacing the stone headers.

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we will be restoring the cornice, replacing the windows, pointing brick, any stone that needs to

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be repaired will be repaired or replaced, as well as a custom door. This will be, as well as

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planter boxes, etc. And I just want to state that we, this is the,

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planter boxes etc and i just want to state that we this is a specifically important point to the

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community and the immediate neighbors especially because this is uniquely one of the only remain

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you know like rare very rare remaining intact block so of historic row homes so we really did

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take this point into consideration as we made this pretty major change to the design as a result of

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the neighbor feedback.

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We'll continue.

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Parcel B, the home facing on South Cleveland Street, which is currently open, is a four

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bedroom, three bathroom house, roughly 2,440 square feet.

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This was our initial proposal.

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I mean, yes, this was our initial proposal.

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The intention was to keep the cornice line implied through and have a contemporary interpretation

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of the two-story homes on this property with a clear material change at the third floor.

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The feedback for this property was to add a mansard roof by angling the third story back

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and switching to red brick, which we have obliged and we are doing.

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I just want to make a note that the third floor here, we don't have a refusal to do the setback

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on the third story we're providing a mansard roof as a um in consideration of the community feedback

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and the uh feedback we got from uh the sasna organization but we do not have a refusal for

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um the third story setback it's uh permitted by right to be flush and again we're doing the mansard

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roof correct and that is what i have to share with you um the last thing uh i wanted to

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just provide was to address the comment that had been made about the zoning posters. We did post

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the zoning posters on the 18th street side of the property. If you can unshare your screen,

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Evan, just so that I can show that to the board. It was included in a packet, but I just want to

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As you can see, they were posted right here.

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Anybody walking on the 18th Street side of the property could easily see this.

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It wasn't behind the door frame.

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It's posted on the property within 21 days of the hearing as required by the code.

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You make a big point to make sure that this is done.

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so just uh to the other the other comment that was made i just wanted to you know to make that

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point clear to the board um thank you okay uh any questions from the board no no no okay we'll open

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up for testimony from any from anyone else could we get my uh the client on to just adopt our

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yes we can thank you uh jordan clafee is the owner

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mr clafee please unmute yourself and please wait for the chair

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good afternoon sir please identify yourself spell your first and last name

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jordan clafee j-o-r-d-a-n c-l-a-f-f-e-y you swear if i'm to tell the truth the whole truth

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nothing but the truth i do thank you miss pritzker thanks jordan um have you heard the testimony

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given today in front of the board i have do you adopt it as your own and do you believe

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it to be true and accurate to the best of your knowledge yes i do thank you

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questions from the board no no anyone else to testify please raise your hand

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chair we have lionel ginsburg please unmute yourself and please wait for the chair

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i'm sorry fatina could you promote him to panelists sure he's coming back in this panel

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thank you good afternoon sir uh you were sworn in earlier i believe so just

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identify yourself and spell your name lionel artem ginsburg l-i-o-n-e-l last name a-r-t-o-m

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G-I-N-Z-B-U-R-G.

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If you get a little closer to your microphone or raise the volume, that would be helpful.

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Okay, here we go.

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I may share my screen with the panel.

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Here we have on July the 13th on the rear, no zoning note.

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July 12th, on the front, no zoning notice.

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July 12th on the front, no zoning notice. July 12th in the rear, no zoning notice.

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July 13th in the rear, no zoning notice. July 13th in the front, no zoning notice.

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I'm limited as to what I can say being testifying as an attorney, as a person. I live at 748

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and that poster was A, not the required orange zoning notice poster and B, was up for exactly

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one day prior to the big rains that we got on July 4th weekend. I should note that the zoning

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hearing says, notification signs shall be posted within five business days after the applicant

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files an appeal to the zoning board and remain continuously in place through the day of the

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hearing, which shall take place no less than 21 days. If signs are not posted in accordance with

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the requirements of the above, the zoning board shall delay action on the matter and require

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or reposting. Unless the zoning board determines that the required posting began or before

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and the applicant made good faith efforts. There were no good faith efforts. It was up

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for one day. I should add on the zoning issue with the SOSNA issue. SOSNA had, if you give

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me one second, originally on July 8th, asked for a continuance because the zoning committee

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he did not take a vote the plans that have just been presented with the new facade and i don't

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even know about the rear because those plans i i saw those plans the first time five minutes ago

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both as an attorney and as an immediate neighbor i have no idea if they're there or not

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you look yesterday we had an issue where the art developer was slipping notes under the door

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implying that he had Sazna

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approval. That's not correct.

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I'm going to object, Chairman.

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I am not.

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Let me continue because I need to put this on the letter.

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Sir, sir,

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