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Hearing video

ZBA Hearing - January 22, 2025

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

There are also revised plans.

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Good morning, Mr. Chairman, members of the board.

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Good morning, Council.

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Could you please state your name and spell for the stenographer?

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Michael McElhenney, M-I-C-H-A-E-L, M-C-I-L-H-I-N-N-E-Y.

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

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Yes, I do.

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Our vice chair has just a few questions.

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Good morning, counsel.

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Do you agree to waive the reading of the refusal or stipulate to its accuracy?

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I do.

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Have you emailed in all the required documents and exhibits that's needed to proceed with this case five days in advance of this hearing?

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Yes, I have.

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Thank you, counsel.

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Please proceed and share your screen.

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Okay.

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okay i'm here on behalf of clearfield warehouse llc which is the owner ben estepani is the

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architect on the project um let me scroll over i like to go through the preliminary uh attachments

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are our zoning appeals at exhibit 11 a copy of the property with the zoning posters posted is

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at exhibit 12 our rco notice with the community is at exhibit 13 we did have two meetings the

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most recent being november 13th 2024 that did result in that letter of support

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My client's deed, having taken titled September 12, 2022, is at Exhibit 14, and our tax clearance is at Exhibit 15.

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As you can see, there is a balance for tax year 25. That payment is not due until March 31, 2025.

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And as the chairman referenced, we do have a letter of support, 34 in favor, 3 opposed from the local community group.

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After the first meeting, they asked for changes, and we will be presenting revised plans to accommodate the changes that the community wanted.

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Exhibit two is our zoning refusal.

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Our application is for the complete demolition of the existing semi-detached garage structure.

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and were requesting to erect a semi-detached structure that was originally proposed at four

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levels with four roof decks and two roof deck access structures for 14 dwelling units,

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multifamily household living. The property is zoned, as you can see at the top RSA 5,

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and that generated two use refusals and one zoning refusal. Going from the bottom up,

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the multifamily use is not permitted by right in the RSA 5 district, so that's a use refusal.

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the second refusal whereas the buildings on either side of us are two stories or two and a half

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stories that would require our third story to be set back eight feet and we are proposing to have

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the building built at the front property line and then the first refusal is the roof deck having

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been constructed in the first um the first eight feet there's our there's the roof deck must be

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eight feet set back from the front of the property and we did not have that required

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setback at the fourth floor level. We are removing the fourth floor level in the revised

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plan that we'll be showing today. Exhibit three is a zoning map showing orienting the property

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and the surrounding zoning uses. The property is on the north side of East Clearfield Street

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in the center of the block. It is RSA 5. Going to the west, the corner property is CMX 1

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at Amber Street. And then going one block farther are all the commercial and residential multifamily

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on Frankfort Avenue. And then going to the east, we have the ICMX, IRMX, and I2 properties. And

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this is like an old rail line that runs and divides the east side of East Clearfield from

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the west side heading towards Frankfort Avenue. The second photo of Exhibit 3 is an aerial view

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just to show the subject property with the blue dot and the rail line to the east showing the

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dividing from the residential to the industrial partials. And the third page are some aerial

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photos again just showing 3D dimensions of the subject property with a view on the top of the

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picture to the west Frankfurt Ave properties and then to the east the rail line. And if I could

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turn to exhibit four which are some photos of the actual site at issue. So the subject property is

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this garage building. It's about a story and a half tall. It was used by the prior owner for

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storage and vehicle storage and other storage. It is a 100% lot coverage building as exists.

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On either side of our building, we do have a, on the left side, the west side is a two and a half

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story building. On the right side is a two story building. The building to the, and looking towards

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the east we have the 2127 clearfield that's zoned for a duplex and i don't have the note here but

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2129 as well as zoned for a duplex use the remaining properties going towards the east

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are three-story single-family houses and vacant lot in the middle of the block

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the next photo at page two is the remaining houses on the north side of the block going

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towards the train station, the rail line, and the final photo is at the corner showing the end unit

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and then the rail line immediately to the right, and it's clearer on this next photo at Martha

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Street. You can see the rail line that divides the neighborhood. Page four shows the south side of

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Page four shows the south side of the block, which is the rail line on the left.

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the block, which is the real

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And then we have two-story residential homes, some vacant lots, some other single-family home at Martha Street.

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And then going to the west on the south side, we have vacant lots, some single-family homes, some vacant lots, until you get to the three-story on the corner, which is towards Collins Street.

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which was last zoned as a ground floor tap room with a single family above so we have some two

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stories some vacant lots and some commercial uses on this immediate block as we go farther above

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collins street going west we have some residential structures and then the commercial uses as you get

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to the farther west towards amber street and frankfort avenue and this is just a photo at

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on page eight of the properties closer to Frankfort Avenue, the commercial uses.

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Page eight at the second photo is a view looking east with the garage building farthest to the

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right on the photo and showing properties along the north side of Clearfield. Going to the west,

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we have houses, garages, and then at the corner there'll be a commercial use.

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photo page nine just shows the residential houses to the west and then the garage use

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is the next one over going west so more residences until you get to the corner at amber street which

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is a corner grocery store supermarket going opposite across the street on amber street

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then we have an auto repair use auto detailing use and then the remaining uses are heading

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towards Frankfurt Avenue. We do not have interior photos, so I took an aerial. This is a sealed up

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building. It is a 100% lock coverage building. The roof has been removed for safety reasons,

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and as I mentioned, it was last used just for storage purposes by the prior owner.

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Exhibit 6 is the original zoning plan, and I'm going to take away the tabs just so we can

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A brief overview. This property is a 32-foot wide by 100 feet deep, 100% lock coverage building

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currently. The request is to build a new semi-detached structure that originally was a

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four-story building, not to exceed 38 feet in height, so it would be dimensionally compliant

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height-wise. And we had a roof deck at the front of the property, and at the fourth store, there's

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another roof deck with pilot houses. We are proposing a full code compliant nine foot rear

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yard and a side yard to provide additional light and air that's five feet, seven and a half inches

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wide. And the main access point for the proposed units will be through the side yard. And I'll

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show that on the layouts, the floor plans on exhibits. It'll be exhibit eight, I believe.

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the this is a side view of the original plan which again was uh four levels the first three

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levels would be to the front of the property line and then a recess five foot setback a fourth floor

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roof deck area that was one of the refusals and then a fourth floor um of three additional

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residences the rco requested even though the height is within 38 feet and by right in terms

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of height for the RSA 5 district, they did ask for reduced unit count, and they asked for reducing

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the height so that it's more in line with the size and height of the buildings on the block.

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So the revised plan is to remove this fourth floor level, which I'll show on the next plan.

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And so the layout from above appears very similar. We have the full nine-foot setback,

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a full the same side yard the fourth floor has been removed we do have the roof deck and pilot

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house that would be accessed for any of the units and we do have the five foot setback

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before the roof deck would begin

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and the new side view elevation of the revised plan shows the removal of that fourth floor level

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to bring it down to approximately, as you can see over here, it's 31 feet to the roof deck surface

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as opposed to before it was closer to 38 feet. The front view of the property, and I'll try to

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make this a little larger for the front elevation, you can see windows at all three levels. The second

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and third floor level do have recessed balconies to provide light and air and outdoor space for

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those front upper units and all the units will have access to the roof deck for outdoor space

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as well as access to the rear yard. On the renderings I'll show more clearly there is this

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five foot side yard. We do have a gate to secure the side yard which is where the occupants would

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which is where the occupants would be coming in and out of to enter the uh the structure

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be coming in and out of to enter the.

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the next exhibit is the revised proviso plan form just detailing those changes of removing

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the fourth story to reduce the height the building goes from 38 feet down to 31 feet

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one of the comments at the community meeting was when you have 30 morning do you have bacon egg

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and cheese on a when you have 38 feet um in four stories you end up with low ceiling heights so

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actually the representative from the councilman's office requested it would be better living space

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if we had higher ceiling so by removing the fourth floor we were able to make the floors a little

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higher nine feet floors instead of eight feet so it is better better living space for the occupants

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and the unit count reduced from 14 to 11.

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The next exhibit, and let me pull up.

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The next exhibit is the,

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exhibit eight is the proviso plans form.

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The RCO package that we presented at the last meeting

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has the rendering, so that's tab nine,

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which page Z102 shows the proposed rendering.

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As you can see, we now have that building

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that's approximately 31 feet high.

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The building to the west of us is about 24 feet, I believe.

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And the building to the right, the semi-detached, is 20 feet high, two-story structure.

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One of our refusals is because we have a third floor and there's a two-story next to us,

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we'd have to reset our third floor back eight feet, which is kind of silly where the building

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next to us then would be higher than us.

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So in speaking with the community, the agreement was to keep the building at the front and

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to get rid of that fourth floor so that it's more in line with the scope of the other buildings

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on the block. We are 100% lock coverage currently, whereas the other buildings are not. So we're

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also going to be reducing the occupied area by putting the residential structure in at this

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location. And I'm going to go to the floor plans to give a better view of, and this is the side

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elevation Z104. Before we go to the floor plans, as you can see, this is the coming down the

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courtyard. The ground floor units do have access to their individual units by outside doors that

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go to the side yard and have access to the rear yard. All these side units do have light and air

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windows attached because we have that five and a half foot side yard. And the main entrance to

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the building is this door behind the first ground floor unit. Z, the next page is, and I'll close

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this again, just to show the floor plans. The first floor plan, again, has a direct access into

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the unit, which is a two-bedroom, one-bath, two-bath unit, living room, kitchen. In the main

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entryway coming in, we have a trash room, which is always a concern when you're adding units is

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how are they handling trash. So we have a designated trash room, a designated mail area,

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and a stair tower to go to the second and third floors for those units. And there's a separate

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stair tower at the rear, again, for access to the second and third floor units. The ground floor

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units all have their own entryway to the outside. And we have windows along the entire property

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line. So all of these rooms have light and air. The first floor rear, we do have a one bedroom,

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one-bath unit. And the very back unit, unit three on our plan, is again a one-bedroom,

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one-bath unit. Since these units do not have washers and dryers inside and storage is always

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an issue, part of the discussion with the community was make sure we have laundry in

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the building, which we do in the lower level. And we've also added additional storage units for all

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the dwellings so that they have additional space for their materials. There's no living space

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downstairs. It's just utilities and storage units for the tenants. The second and third

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floors are identical to each other. We end up with four one-bedroom, one-bath units at each level

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accessed by that central stair tower and accessed by that rear stair tower. And all these buildings,

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the stair tower does go up to that pilot house to provide outside access. And these units are

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good-sized units, going from the back to the front. Unit 7 is about 434 square feet,

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one-bedroom, one-bath unit. Unit 6 is 478 square feet. Unit 5, 407. Unit 4, 517. And that's going

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to be the same dimensions on the upper units. The lower unit, the two-bedroom unit, two-bath unit,

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unit one is 712 square feet. Unit two is 573 square feet. And the unit at the rear unit three

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is 475 square feet. So we have good living space. We have full kitchens, living room,

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dining room, laundry and units, trash storage to address all the community concerns. And the

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laundry in units, trash storage to address all the community concerns, and the appropriate density for this location.

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As part of the exhibit, there's a mix of uses on this property in this block with the multifamily vacant lots, single family.

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The buildings right next door to us, I did include the zoning archives just showing that they are approved for two units each at 2127 and 2129 East Clearfield Streets.

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The we would request and submit that this is an appropriate use to change the garage use to provide additional affordable rental units, quality living space in the community.

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And with the community support, we've requested the board grant the requested use variance and dimensional variances so that my client can construct the requested multifamily apartment building at the location.

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and with that i believe this you want to bring your client on please

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yeah if mr whitfield is on the zoom if he could raise his hand

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alfred with two has been promoted to peniles

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hi sir could you please state your name and spell for the stenographer

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Mr. Whitefield, can you please state your name?

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Do we see Mr. Whitefield?

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Yes, Chair.

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He has been promoted to penalist.

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Mr. Whitefield?

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Council you're an officer the court we will accept your testimony questions or comments

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from the board yes I have a question at any point had this been considered to have like

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units that accommodated those in wheelchairs I noticed on the plans that you had a lot of

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turning radiuses on a building that only has stairs on upper floors yeah and that's that's

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really i don't know if ben estepani is on the architect one of the issues with anything above

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the ground floor is getting space to add the an elevator which they opted to do a walk-up instead

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of an elevated building the and i'm not sure if any of the ground floor units are ada accessible

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or not that's if mr estebani could opine on that um that might be the architect here

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yes chair ben estefani has been promoted to penalists

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sir could you please state your name and spell for the stenographer

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Ben Estepani, B-E-N, last name, E-S-T-E-P-A-N-I.

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Tell the truth, the whole truth is nothing but the truth.

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Yes.

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Counsel, that's your witness. Please proceed.

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Mr. Estepani, did you hear the question about turning radiuses and accessibility?

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Yeah. The ground floor units are all accurate.

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The plan was to treat those as type B rental units, so we have clearances for there to make those units all ADA accessible.

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The upper floors were showing the turning radius just because during the first RCO meeting,

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comment had come up about an emergency um just getting through some of these doors

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um even though we aren't providing an elevator um it was brought up like a stretcher or something

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like that to accommodate um someone in case of emergency so we widen the hallways at certain

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spots um primarily at entries and at the egress towers to allow for maneuvering extra people

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