civus
Hearing video

ZBA Hearing - January 22, 2025

Philadelphia Zoning Board of Adjustment (ZBA)Jan 22, 20257h 43m

or not the image but i guess i don't are you talking about the hand-drawn plan the hand-drawn

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plan. Yes, please.

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Here we go. Are we certifying that this is currently to accurate scale?

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well sure the uh the the actual outside the perimeter the actual outside yeah yeah that

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was done yeah of course and is there any plans to do any work on the front facade at the entrance

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no it's in perfectly good condition okay and then just how many of the plumbing connections for

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what's shown here and depicted as proposed are already on site, or is more installation necessary?

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Most of the back here is already on site. So the fixtures are already on site. That's right. So

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majority of the construction we're talking about at this point is the hand-drawn portion, which is

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the partition and the sort of counter? Counter space, partition, new flooring, all the real

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heavy infrastructure for food service already

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in place. They need to be upgraded

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and obviously inspected by the health department, but it's

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already there. Okay. And then is there any plans around signage?

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None. If anything, it'll be flat wall.

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Okay. Thank you. Any other questions for the board?

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Questions from our attorney, Hillary Emerson.

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Just briefly, I wanted to note that you are asking for a sit-down restaurant, and a sit-down

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restaurant typically has fewer than four seats, so I noticed that more than that were proposed,

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but I just wanted to note that for the record. Thank you. Questions or comments from the audience?

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Yep. Hillary, can you explain that one more time? You said, what was that? A sit-down

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restaurant? We apply for a take-out restaurant. Oh, take-out. I thought she said sit-down restaurant.

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oh take out oh god i thought she said sit down but we are going to have seating and it's going

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But we are going to have seating and it's going to be, you know.

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to be you know um you know three or four tables of two tops questions or comments from the virtual

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audience i see no tears at no he's at this time chair thank you jasmine thank you the planning

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commission thank you chairman and good afternoon david facto f-e-c-t-e-a-u with the city planning

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commission do you swear or affirm to tell the truth the whole truth and nothing but the truth

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sir yes sir i do please proceed thank you sir chairman of board members the comprehensive plan

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recommends no change to the rm1 residential multi-family zoning at this location this

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property has a documented history as commercial space with residential above dating back to at

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least 20 years the city planning commission recommends the board grant a proposed use

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variance for a takeout restaurant and commissary and my 2024 000 642 742 christian street i vote

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yes can i suggest the proviso requires co sure required co and mr chair there is also an amended

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refusal okay um let me do it again then mi 2024 000 642 742 christian street proviso

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co to be obtained an amended refusal well johnson my vote is yes sorry the amended refusal is dated

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10-29-24.

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Amended

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refusal dated

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10-29-24.

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Michael Johns, my vote is

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yes with provisos.

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Gerald Gaston,

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my vote is yes with provisos.

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Tanetta Graham, my vote is

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yes with provisos.

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My vote is yes with provisos.

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Ishmael Shahid, my vote is yes with provisos.

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Thank you.

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Thank you, counsel. Number 7,

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MI 2024-005-199-7000 Halston Avenue.

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Meredith Trago is the attorney.

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Excuse me, Mr. Chair.

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I believe we're going to do number eight second.

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Number eight, the number 11.

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Okay.

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Thank you.

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number eight mi 2024 005 492 1520 to 26 north dowry street augusta o'neill is the attorney

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a letter of non-opposition from council member young's office

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and a letter of non-opposition from north central east rco vote with seven in favor one in opposition

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you can have three members of the board morning council could you please state your name and

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spell for the court stenographer my name is augusta o'neill a-u-g-u-s-t-a my last name is

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spelled o apostrophe n-e-i-l-l you swear or affirm to tell the truth the whole truth nothing but the

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truth i do could you identify your client a relationship with the property my pro my client

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is effie darian llc the owner of the property at 1520 to 26 north darian okay um michael johns

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has recused himself from this our vice chair has a few questions good afternoon council do you agree

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to waive the reading of the refusal or stipulate to its accuracy i do have you emailed in all the

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required documents and exhibits that's needed to proceed with this case five days in advance of

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this hearing i did and i also just wanted to know for the record that an updated refusal was just

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issued by l and i this morning got it all right thank you please proceed thank you so much

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after your members of the board as stated previously i'm here this afternoon representing

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fe darien llc the owner of the property at 1520 to 26 north darien street this is an application

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in partnership with Turn the Key to turn a vacant lot, relocate lot lines, and create three single

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family affordable houses on the lot. This property is zoned RSA 5, as you can see from the refusal

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that's on my screen. We did receive a refusal because the required minimum lot size is 960

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square feet. We're proposing 800.5 square feet with these lots. Even with the smaller parcel

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Even with the smaller parcel size, these are fairly large houses, as you can see from the proviso plans I've prepared up on my screen.

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sides. These are fairly large houses.

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Each of these homes are approximately 1,600 square feet of interior living space.

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Consistent with other turn-to-keep applications I've presented to the board before,

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the intent of this application is to take this vacant piece of land, which you can see up on

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your screen, and to create single-family affordable homes on them. I did provide an overhead with my

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exhibits just showing the residential nature of the area. You can see there's a lot of blocks

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of single-family homes nearby. My client met with the affected RCO for this property in October of

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last year. The RCO is the North Central East RCO. They stated in their letter, which was submitted

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to the board, that they were appreciative of the addition of single-family housing in this area as

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opposed to apartments because they feel that apartments have added to a parking problem

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in their neighborhood i do have two applications before the board this afternoon and i've submitted

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some app some exhibits that are in common to both of the applications um and just in the

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the interest of time i can go through the uh exhibits that are common to both of my applications

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in both my exit packages i did provide renderings showing what the exterior of the buildings are

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going to look like these are common to what the frankles are are doing with these turn the key

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applications the three-story one single-family buildings

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also included in my exhibit packages i did provide some other samples of projects that the

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frankles have done with the affordable housing again just showing the high quality beautiful

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facade with the brick the interiors stainless steel appliances that are provided the beautiful

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flooring it's just a picture of the interior this is a kitchen area again a picture of the kitchen

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area sample bedroom sample yard outdoor space another sample of the exterior of these projects

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it did also provide floor plans just to briefly take the board through a sample of what the these

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projects are going to look like the typical floor plan you walk in and you're immediately in the

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living area you walk back and on the first floor you have that kitchen space dining area which

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leads to the backyard on the second floor you're going to have two bedrooms and a bath

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and then the third floor there's um a bedroom bath area and then access to that roof deck

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it's on the third floor

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so again we have a letter of support from the rco that was affected by this application

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we also have a letter of opposite non-opposition from councilman young

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and just to briefly take the board through the standard for a variance in pennsylvania and why

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we believe this application uh meets that standard the grant of the variance is not going to cause

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any congestion in the public streets or otherwise endanger public health safety or welfare um i

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think that's emphasized by the fact that both the affected rco and the council person are not in

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opposition to it in fact the again the rco wrote that letter um indicating that they were appreciative

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of the fact that this is going to be single family homes as opposed to um additional apartment

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buildings uh this application is not going to injure the use of adjacent property or

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impair light or air supply it will not adversely affect transportation and will create a net

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positive for the city because it is going to be providing some much needed affordable homes

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to the city so with me this afternoon is mr zach frankel i would like to call him forward at this

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It's time to adopt my decision.

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Zachary Frankel will be rejoining us as a penalist.

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Mr. Frankel, could you please state your name

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and spell for the stenographer?

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Zachary Frankel, Z-A-C-H-A-R-Y-F-R-A-N-K-E-L.

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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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Do you swear or affirm to tell the truth,

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the whole truth, and nothing but the truth?

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I do.

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i do please proceed counsel springle did you have an opportunity to hear my um testimony this

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afternoon i did and was everything that i said true and accurate it was and would you like to

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adopt my testimony um on this application as your own yes i would thank you um members of the board

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we'd be happy to take any questions for me questions from the board

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I have one question.

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Absolutely.

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We saw some of these properties last week, and I was just wondering if we could clarify what percentage of Darien Street in total is going to be filled in with homes related to this project?

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it will be we were awarded um an rfp by the philadelphia land bank

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um the addresses of which entail a lot of the land bank owned property on darren street

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yeah can can you tell me the number of those parcels or how many uh remain in this

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lots are on the block?

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On the block, I cannot.

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This is a part of a project that

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includes 37 homes.

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That includes

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the ones on 10th Street and the ones on 9th Street

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as well? The ones on 9th Street as well,

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yeah. Okay. Any other

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questions from the board?

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Questions or

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comments from our attorney, Hillary

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Emerson?

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Not at this time,

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Mr. Chair. Questions or comments

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from the audience?

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questions or comments from the virtual audience i see no hands at this time planning commission

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thank you chairman and good afternoon david hector with the city planning commission

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chairman and board members the comprehensive plan recommends no change to the rsa5 residential

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single-family zoning at this location the city rezoned ludlow in 2017 in a community supported

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map change this development will be part of the city's turn the key program which provides

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enforceable affordable housing proposed lot sizes match the appropriate approximate lot sizes on

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adjacent block bases the city planning commission recommends the board grants a proposed dimensional

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variance for minimum lot size thank you mi2024 005 492 15 20 to 26 north darien i vote yes

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proviso per amended refusal dated 1-22-25. Cheryl Gaston, my vote is yes with proviso.

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Tanita Graham, my vote is yes with proviso. Iowan, my vote is yes with proviso. Ishmael Shahid,

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my vote is yes with proviso. Number 11, number 11, MI 2024-006-472-647-67 North 10th Street,

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Augusta O'Neill is the attorney.

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There's also support from the 14th Community Organization, RCO, and non-opposition from Council Member Young.

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Just for the record, Council, could you state your name?

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My name is Augusta O'Neill, AUGUSTA.

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And could you again identify who your client is?

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My client is FE West Poplar LLC.

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They have the permission of the land bank, which is the owner of the property, to bring this application.

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and our vice chair has a few questions for you sure so do you agree to waive the reading of the

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refusal or stipulate to its accuracy i do have you emailed in all the required documents and

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exhibits that's needed to proceed with this case five days in advance of his hearing

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i did thank you counsel please proceed thank you so much um and again just in the interest of time

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because a lot of the exhibits were common to both um applications i won't run through all the

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typical floor plans or interior pictures that I did with my prior application. But if anyone

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would like me to go through those other materials, I'd be happy to. So again, thank you, members of

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the board. I'm here this afternoon, as I stated before, representing FE West Poplar LLC, again,

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which has the permission of the property owner of the land bank to bring this application.

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This is an RM1 zone property. This application is to relocate lot lines to create 16 lots from one

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lot and to put single family homes on 15 of the lots with roof decks. And just for

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this application is a little bit different from the other one. So I just want to take you through

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the subdivision plan. Okay. So up on my screen is the subdivision plan. This is at page 51

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one of the exhibit packages I sent in.

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This is an application, like I said,

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to take one lot, turn it into 16.

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Um, all of these are going to have single family homes, but because this proposed parcel N

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All of these are gonna have single family homes,

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but because this proposed

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is, um, basically a flag lot because it fronts on Mellon street, um, Mellon street is technically

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not a legal street. So there's going to be three units again, single family homes, but technically

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a condo. But again, they're going to look the same as the other houses that, um, I previously

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took the board through um and just because of that technicality because this lot doesn't have

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frontage on north 10th street um this was turned into a condo so um we received two refusals as

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part of this application one of the refusals was because of the lot size there are a handful of

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lots that are 980 square feet some that are 820 and one that is 919 square feet and we're required

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to have 1440 square feet in this zoning area zoning district rather and the other refusal

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that we received was related to the minimum side yard width

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again if I bring up the subdivision application you can see that the proposed lot n is kind of

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irregularly shaped and so as a result of that we triggered that refusal for the lot size or I'm

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sorry for the side yard you can see it kind of it goes down it gets skinnier

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right at page 34 my exhibit package is a copy of our zoning plan

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