civus
Hearing video

ZBA Hearing - July 14, 2021

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

with 48 dwelling units built behind us. Notably, there is, and this was raised by the RCO,

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you know, there's never any parking up here in the front. However, there's a complete rear drive

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aisle that goes all the way from Geary to Handcraft here and that would service not only would there be

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parking for the existing house that has existing parking you'll see that photo in a second

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but it would also include three additional car off-street car parking spaces.

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uh three additional uh car off street car parking spaces for the new property

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um so again this just sort of gives you we're right at the curve right at the curve it just

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splits in two and you know there's a large triangular parcel on each side um the parcel

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next to us has a very large uh one-story addition already built onto it um and you know we have one

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there as well which will be demolished we will be keeping this existing one story

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existing house demolishing the existing one story addition and we're seeking to build one more house

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right there so the the application that's in front of you right now is actually just for

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a subdivision of the property here's a street view again looking like this would be the property line

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right here. Here's the other triangular parcel right there. This is the existing home. Essentially

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what you'll see is we're proposing another house right next to it, just one more in the line,

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and here the opposite house has already built out considerably on its property.

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So what do you propose to demolish?

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sorry so you can't see it i'll show you in the next photo we have but it's not it's not 3218

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denfield so so 3218 denfield um is going to remain in place this is an existing home

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and we're going to subdivide right along the property line right along the building line so

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that building this house will become a uh another another row house and then we'll be building

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another row house immediately adjacent to it. So instead of being an end unit, this will become a

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interior unit. Okay. So and I think again these are just photos showing the build out in existing

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conditions. So here's a little bit better. It's tough with overgrowth. This house will stay and

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then right next to it you'll just see there will be another house, another single family house built

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there. So again, the same condition right next to us. This is the rear access drive aisle.

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You can see it's very wide. There's rear access parking for everyone.

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Right here starts on the left, our property. It's just over 100 feet long. That will be part of the

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new property. This is proposed parcel B if you're looking at the packages. So parcel A would be the

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existing house and that would be by right the only issue here this might be a better scene so

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here you see a one-story addition that was previously added that's going to be demolished

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and basically the new home is going to be built where that is now out over to the pool

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these are the multi-family buildings right immediately behind us that also share that

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rear drive aisle. Are they the ones behind Holy Spirit? Yes. Yeah, exactly. Okay. Excuse me.

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So what you can see is we have two refusals, both with just regard to the only refusals we have

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deal with the very front portion of the properties. I think we can see it here. So

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this is the existing house. This is the proposed subdivision line. And then you see we have to

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have street frontage for the proposed parcel B. So that's this narrow portion here to just have

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street frontage. Really, the house will have rear access. I mean, again, you have over 100 feet

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of access in the rear along this enormous triangular parcel. So just to put this into

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context, the average size, again, of all of the row home properties in along both Denfeld and

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Hussleman is between 18 and 1900 square feet. When we go through with this subdivision, this

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existing home will be on 1965 square feet. And this triangle will actually be 5300 square feet.

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So you're talking about an enormous lot for a single family house that will be built by right, will meet all of the conditions and setbacks and whatnot, and then would have rear access here.

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So we got a refusal because you can see this narrow street frontage here, and we got a refusal for this narrow street frontage here.

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The issue that I said I could not stipulate to, this width right here is 11.3 feet essentially.

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It only needs to be under the code two-thirds of 16 feet, which is the required width for a lot.

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two-thirds of 16 feet, which is the required width for a lot, which comes to 10 and two-thirds feet.

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So that is actually allowable by right. So we should have and do have a refusal for this

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angle right here. But again, we're not appealing LNI. We're just saying that we want the variance.

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We believe that to be a de minimis variance that the board can overlook. So we went in front of

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the Packer Park Civic Association. They opposed the project. To be fair, they had a difficult

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meeting. It was, my understanding is, from their chairwoman, Barbara Kaposi, it was their first

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in-person meeting. They actually had a split in-person and Zoom meeting. So I presented the

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matter by Zoom, but that was not necessarily heard by everyone in the audience. And it was

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very confused and jumbled. So we received an opposition vote, we believe mainly because of

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parking and traffic along Denfeld and Hussleman. However, there will be no, this house will have

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no parking or traffic congestion along Hussleman or Denfeld. Again, it has three cars off-street

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parking in the rear along that drive aisle and has over 100 feet of access in the rear. So

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there, you know, nobody's going to be parking along that frontage. So because of the confusion

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that we felt happened, we asked for a second meeting, and we were denied a second meeting to

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present in person, which we thought would better allow us to present to the community. I'm, I don't

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know if Ms. Kaposi is on the, on the line, or anyone from Packer Park Civic is on the line today,

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But, you know, for some reason, we were declined an in-person second meeting.

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Because of the outcome of the RCO meeting, Dominic Novelli, who's on this call on behalf of the LLC owner,

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went door-to-door along Denfeld and Hussleman and up South 18th, the nearest major street,

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and got an 18-person petition in support, 12 of those people being people who reside on Denfeld

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and or Hussleman themselves. So, you know, he went door-to-door for the most immediate neighbors

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and got all of their support when he had the opportunity to explain the project to them.

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so again we have a very large awkwardly shaped parcel we're trying to just all that's before

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you today is to subdivide the parcel to make the end unit building into a it will become a middle

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building and then we will have a by right building that's actually not in front of you today

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a by right home. Obviously, if that's not by right, Elle and I will require us to get a

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refusal on a variance and we'll be back in front of you. But I can attest that that's not going

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to happen. So that is the entirety of the project. And I would just happy to answer any of the board's

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questions. Otherwise, I would just call my witnesses and have them adopt my testimony or

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answer your questions does the board have any questions no no um are there any witnesses

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yes uh so i would like to call uh vince is he on

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mr mancini you can please unmute yourself and please wait for the

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oh and i apologize i did it myself uh is mr mancini on the call yes

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Hi, Mr. Mancini. Name and address. Spell your last name, please, and then I'll swear you in.

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Vincent Mancini, Landmark Architectural Design, 1325 Snyder Avenue, Philadelphia, 19145.

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Do you swear for him to tell the whole truth and nothing but the truth?

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I do.

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Okay. Sean, are you asking him to adopt your testimony?

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Yes, I will.

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Thank you.

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Mr. Mancini, have you heard all of the testimony that I've presented today?

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Yes, I have.

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And do you believe it to be true and correct to the best of your knowledge?

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Yes, I do.

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And would you adopt it as your own?

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I would.

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All right.

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And just finally, if there's anything pertinent or necessary for the board, please let them know.

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Otherwise, I'll offer you up for questions from the board.

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I have one additional thought that I thought it would be an important fact.

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the lot that's being subdivided is in fact over 5,000 square feet, which is three and a half

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or more times the required lot of 1440 in a residential district. However, I want everyone

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to rest assured that that's not the size of the home that's being constructed on that lot.

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The home that is being constructed on that lot will afford

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The home that is being constructed on that lot will afford approximately 67% open area.

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Thank you.

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So the home would be very similar to the homes that are adjacent to it.

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And the majority of the lot will remain open.

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As I said, 67% or thereabouts would remain open.

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So I thought that was a very important fact rather than being misconstrued to that we were building the entire footprint.

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Thank you. Does the board have any questions for Mr. Mancini?

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No.

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Okay, are there any virtual witnesses?

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Yes, one final witness, Ms. Tenere. Dominic Novelli, please raise your hand.

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Please unmute yourself, Mr. Novelli, and wait for the chair.

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Hi, Mr. Novelli.

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Yes.

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Can you put your name and address on the record and spell your last name?

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Dominic Novelli, N-O-V-E-L-L-I, 1818 Holzman Street, Philadelphia PA, 19145.

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Do you agree to wait?

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No, strike that.

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

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I do.

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Thank you.

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You may proceed.

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All right.

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Thank you very much, Mr. Neri.

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Mr. Novelli, you are here on behalf of On Point Development, LLC, correct?

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Yes.

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And did you hear all of the testimony that was presented today?

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Yes.

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And do you believe it to be true and correct to the best of your knowledge?

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Yes.

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And would you adopt it as your own?

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Yes.

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Thank you very much, Ms. Tenere, Madam Vice Chair, I should say.

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I offer Mr. Novelli up for any questions that the board may have.

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Otherwise, I am concluded.

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Does the board have any questions?

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No.

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Okay, is there anyone here from Packer Park Civic?

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I see no hands, Madam Chair.

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Okay, Planning Commission?

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This is Ron Bednar, City Planning.

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Ron, have you been sworn in?

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Yes, I have, but if you want to do it again, I'm fine.

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No, go ahead.

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property is indicated for a single family residential use on the city plan believe the

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applicant has not demonstrated a necessary hardship regarding requirements of the code

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the application is not consistent with the requirements uh subdivision requirements we

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recommend that the request of variance not be granted calendar number one two four five three

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218 denfield place denfeld place my vote is no my vote is no my vote is no my vote is no

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calendar number 1248 720-22 south hicks street that's you again

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you're just that lucky today madam vice chair i know name and address and spell your last name

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please? Of course. Sean, S-E-A-N, last name Whalen, W-H-A-L-E-N, Vintage Law, 6 Coulter Avenue,

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Suite 1000, Ardmore, PA, 19003. You were already sworn in. Do you agree to waive the reading of

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the refusal and stipulate to its accuracy? I agree to waive the reading. There is one refusal,

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again that I think is de minimis but is I believe erroneous but I will agree to just move forward

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with the variance request. Thank you. Have you emailed the exhibit packet with proof of ownership

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tax compliance refusal referral photos and or plans of the property five days in advance of

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this hearing and have you met with the RCO and do you have a letter? Yes to all. Thank you you may

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proceed okay uh thank you again we have a letter from sasna uh in opposition yes your honor

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uh yes madam vice chair okay um

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sorry let me have to get uh denfeld out of the way okay

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all right let me share my screen

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I am here asking on behalf of Katie and Matt Ostroff for another single-family home request.

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We received a number of refusals that I'll walk you through.

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So again, this is right on South Hicks Street in between Bainbridge and Fitzwater.

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And it actually backs up to South Mull Street where it curves into Senate Street.

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uh senate street so just pictorially you can see uh most of the single family homes

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So just pictorially you can

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along 15th street front on south 15th street and south hicks is actually the rear access

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for most of those homes that front on south 15th and then you can see we have an existing

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one-story warehouse that has 100% lot coverage, and we are seeking to demolish that and replace

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it with a single-family home. You can also see this is the Scottish Wright house. It's a 12-story

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building, multifamily apartment, and our one-story existing warehouse actually backs up to a large

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surface area parking lot here's just the frontage you can see there are a number of new homes built

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at the end of hick street here all three stories in height and we would be in line with with those

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properties so here's here's a couple of the newer homes that have been built looking down south hick

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Street. Again this is looking kind of further north on South Hick Street. This is the existing

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it's actually one story because it's all one inside has an existing curb cut and existing

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front access parking which I believe is the one refusal that is not proper from the refusal that

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we have. So this is what's immediately after across the street from us. This is what I was

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describing these are the homes up front on South 15th Street and these are the rear access parking

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areas for those homes. Here is this picture is taken from leaning up against the rear wall of

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South Hicks Street so you can see there's just a large surface area parking here and then this

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this would be what's right behind this is again you can see these couple cars in the last photo

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this is the 12 stories right there. Here's the rear of South Hick Street, our property,

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and here are the new homes. You can see this one double wide, that one single wide.

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Again, just a cleaner image of our rear area. The rear area is important here because we are

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seeking to have no rear yard setback. It is 100% lot coverage now, and we are seeking essentially

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to include the open area which is a refusal on the second and third floors and because this is

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a parking area we are not impugning on anybody's light or air and you know there's no rear property

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to be protected back there so again here just some more of the photos and nobody can read that so

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this is an rm1 district so it could be a multi-family but instead katie and matt

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ostrov who are here to testify today are actually very excited they live in this area and they found

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this in this neighborhood immediately and they found this property and are looking to build

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their home their personal home here to keep their kids in the same catchment and you know continue

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you living in this neighborhood immediately. Most of the houses or most of the homes that I showed

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you up and down the block are on lots of approximately 750 to 850 square feet. This

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is a situation where we actually have a double wide lot. It's 1,600 square feet.

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So it's twice the size of most of the lots on the block.

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um and uh you know we obviously back up to that large parking lot in the 12 story

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