civus
Hearing video

ZBA Hearing - February 5, 2025

Philadelphia Zoning Board of Adjustment (ZBA)Feb 5, 20257h 1m

MI 2024-006-668-1215-Wood Street.

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Meredith Verliger is the attorney.

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The Calahill Neighborhood Association supports

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the project there's a letter of non-opposition from council member squalor

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murder just for the record state your name you've already been sworn

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sure meredith ferlinger f-e-r-l-e-g-e-r our vice chair has a few questions

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counselor do you agree to wave the read another refusal or stipulate towards accuracy

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I do, yes.

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And you have emailed in all the information that's required to proceed with this case five days in advance of this hearing.

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I did, yes.

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Thank you. Please proceed.

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Thank you very much.

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Mr. Chairman, members of the board, my client today is Haverford Square by Metropolitan 3 LLC, represented today by German Yakubov.

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By way of background, if this address is giving the board a bit of deja vu, it is because the board heard and approved this proposal in full back on April 24, 2024, at MI 2024-000791.

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That full record should be deemed incorporated into the hearing today.

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Following the Zoning Board's April approval, the applicant moved forward to apply for a building permit.

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During the construction design phase, a fairly minor change was made to the interior mezzanine levels, as I will show.

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Unfortunately, although that change is entirely interior to the previously approved building,

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it does result in an increase in overall GFA that was too large for L&I to handle either via

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amendment or administrative review. Ergo, we are back in front of the board today to request that

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you re-approve this updated design. In respect of your time today and considering that the board

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already thoroughly reviewed this proposal and determined that the applicant was entitled to

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relief, I will focus today's presentation on the changes and will, of course, address any questions

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that you have. Our exhibit packet does still have all of the standard information required by the

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board and as was presented back in April. I'm very happy to represent any aspect the board requires

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today. As a reminder, the board previously approved this project, which proposes a new

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21-unit loft-style apartment building in the city's Callow Hill neighborhood,

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which received unanimous support from the Callow Hill Neighborhood Association.

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Callow Hill did review the proposed changes and did reaffirm its support.

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To refresh your memory, the property is located at 1215 Wood Street and is zoned IRMX, as shown on the zoning map at Exhibit 9.

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The existing building extends all the way back to Carleton Street, as you can see on the aerials up on the screen here.

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you might recall from these aerials that the existing building sits on 100 of the lot

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and was erected around 1900 and is over a century old additionally you might recall from the interior

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photographs that the building historically contained six condominium units with a unique

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loft style design that you can see in the images here that retains considerable historical character

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from the industrial use that existed in the space in the early 1900s. And you can see some of that

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reflected in these images here, including some of the industrial gear work in the ceiling.

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At the hearing in April, we illustrated the owner's commitment to preserving the existing building

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while erecting a new three-story addition on top of the existing building

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that harmonizes with the massing of surrounding new construction.

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that harmonizes with the massing of surrounding new construction.

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Including the six existing units which will remain, the proposal still includes a total of 21 units.

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The plan that the Zoning Board approved back in April is shown here at Exhibit 6.

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I will highlight a few things on this plan relevant to today's amendment request.

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The proposed GFA at the time of the original approval was 27,477 square feet or 665% FAR.

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On the elevation, you might recall the interior mezzanines, which are intended to expand the unique loft design throughout the entirety of the new addition.

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You can see those mezzanine levels reflected on these elevations.

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Although interior to the building itself, mezzanines are specifically counted towards the building's overall GFA.

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I would ask the board to focus your eyes on the elevation as I quickly switch back and forth between the original approved design and the design that is in front of the board today.

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As you can see, if I switch back and forth quickly, you'll start to notice where the change in the elevation is made.

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This proposal seeks to enlarge the mezzanine loft areas to add additional square footage to each of these units.

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Furthermore, as shown on the zoning plan, the design has been updated to add exterior

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bays, as I will show on the renderings that we have.

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These bays also increase the GFA.

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Importantly, although this change increases the GFA to 30,833 square feet, representing

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a 746% floor area ratio, this change does not impact the previously approved building massing,

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height, or overall envelope. Aside from the bays, this is a purely interior change that will have

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significant benefit to the future residents of these units. Overall, this change only represents

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an increase by roughly 3,300 square feet, or about 10% more GFA.

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The exhibits include new renderings to show the board the value of the proposed changes,

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particularly from the exterior. At Exhibit 7, you'll see how the design has progressed.

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The first image was the rendering at the time of the original filing.

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By the time that we presented the case to the board, the rendering had been slightly updated

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to the image that's now shown here on the second rendering. Now, on the third rendering,

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you'll see how considerably this design has progressed to now incorporate the bays shown

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here along Wood Street. As I mentioned, these bays will also be along Carleton as well.

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We have also provided a rendering looking in the opposite direction.

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I do have a couple of other views as well that I can scroll through, but again, the board should see here how significantly this design has been updated, at least from the exterior.

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And again, this is just looking from Wood Street.

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The bays, as I mentioned, will also be on the Carleton frontage to maintain the consistency

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and design.

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In terms of floor plans, we do have updated floor plans in the packet at Exhibit 8.

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Where the originally presented units were 1 and 2 bedroom units of between 658 and 1,043

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square feet, the expansion of the mezzanines has allowed the broadening of the unit types to now

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include one, two, and three-bedroom units, ranging from 790 to just under 2,000 square feet.

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The average unit size will now be about 1,300 square feet.

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Although the project was previously approved in April, upon filing this application,

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L&I issued the identical refusals that were already approved by the board in April.

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The only refusal that has now changed is the refusal for the FAR.

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And I can show you that here.

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I can show you that here. The industrial use refusal hasn't changed. The height refusal hasn't

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These, the industrial use refusals.

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changed. The parking refusal has not changed. And you can see here where the FAR has now been

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updated to 746%. The zoning code here would limit FAR to 500%. The argument supporting the

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applicants' requests for GFA variants have not changed. Two of the mezzanines currently exist in

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the building, and the proposed design will respect the historical and unique character

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of this formerly industrial building while expanding the loft size for residents.

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The mezzanines will have no impact whatsoever on the exterior massing of the building,

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which was previously approved. As I noted earlier, I'm very happy to walk through all of the refusals

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if the board does require clarification on any point, but unless the board desires otherwise,

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I will not repeat the arguments given in April on all of the other refusals which have not changed

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and would remain approved under the approval granted in April.

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At this time, I would ask for German Yakubov to raise his hand to be unmuted.

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German Yakubov has been promoted thank you

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hello hi sir could you please state your name and spell for the stenographer sure German Yakubov

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G-E-R-M-A-N

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Y-A-K-U-B-O-V

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Do you swear or affirm to tell the truth

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the whole truth is nothing but the truth?

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I do. Please proceed, counsel.

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Thank you. German, have you

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heard all the testimony and evidence I've

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offered in front of the board today?

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I have. Would you agree that that

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testimony was true and accurate and would

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you adopt it as if it were your own?

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I do and yes.

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Thank you. I'm happy to answer

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any questions. Questions from the board.

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yeah what's the ceiling height on the mezzanine area

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sure so the ceiling heights um vary ever so slightly but as you can see here on the

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elevations they are just about nine feet a couple inches below and that has not changed from the

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original. The ceiling heights for the mezzanine levels are actually slightly larger than they

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were on the original. As you can see, 8.86, 8.11, 8.10. Now they are 8.9, 8.88, 8.9. So just around there.

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so the substantive change at this point is mostly the the expansion from on the facade

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the bays obviously are going to add square footage and then it's also the lengthening

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of these mezzanines to now go almost wall to wall that that is exactly correct yes just to expand

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the essentially the lofts that are in the building currently that the design that they'd like to

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carry throughout the rest of the building it's to make much more usable loft space

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and these the the units are already built we're just no they're they're not so this was a change

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that they made uh while going through the building permit process to actually get building permits

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for the originally approved design so the building permits uh are essentially on hold pending today's

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case. Other questions from the board. So are there other other buildings near there with the

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same sort of Balkan mass? Oh, absolutely. Let me bring up the aerials. So as you can see on the

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aerials here, there are many, many other buildings in this area that have a similar mass.

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um let me yeah this is this is a good view here so this the the building is actually directly

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behind this one in the foreground uh so many of the other buildings in this area have similar

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mass which we did go through in april and i believe was uh part of the basis for why the

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board had granted the the mass of this building in the first place

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uh you said there was unanimous support

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from the from from callow hill yes

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Yes.

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Other questions?

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Questions from our attorney, Hillary Emerson.

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I'm sorry, Mr. Chairman.

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Oh, sure.

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Is there a balcony?

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I'm sorry, Meredith.

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No, there's no balconies.

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Let me just bring these up.

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These are.

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I'm sorry.

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Did I, was there some sort of outdoor space? Like was there a roof deck or something? Did I

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miss it on this one or? I do not believe that there is a, I don't believe.

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There's no roof deck. It's just for mechanical access only.

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Okay. All right. Thank you.

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Questions from our attorney, Hillary Emerson.

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Not at this time, Mr. Chair.

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On the virtual audience.

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there are no commission

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amy boyd with the planning commission the comprehensive plan recommends no change in

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zoning at this location from the existing industrial residential mixed use the process

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between two narrow streets wood and carlton streets which are both narrow the absence of

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industrial or other non-residential uses on the ground floor is appropriate due to the existing

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building adding parking spaces is not feasible however the appellant has not demonstrated that

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there are unique physical circumstances or conditions of the property they would prevent

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it from being used in conformance with the zoning code for height and maximum floor area ratio

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in fact the appellant could have used a mixed income housing bonus to increase the allowable

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farm the planning commission recommends that the board grant the proposed variance for no ground

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floor commercial and parking but deny the requested variances for maximum height and floor area ratio

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Mr. Chairman, if I could just address that as a reminder, the board approved these variances in April.

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So this is just requesting to modify one of those refusals ever so slightly.

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MI 2024-006-668-1215 Wood Street, I vote yes.

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Chair, could you repeat that for some reason? Everything went out for me.

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oh sure mi 2024 006 668 1215 wood street i vote yes michael johns my vote is yes

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charlie gaston my vote is yes tanetta graham my vote is yes i own my vote is no

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dishmael shaheed my vote is yes thank you thank you and thank you for for moving out my second

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case i appreciate it thank you right number six mi 2024 006 sheriff i'm sorry to interrupt you um

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can we take a five-minute break yeah sure sure okay bye

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We're going to continue here.

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Number six, MI 2024, 006-648-766 South Front Street.

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Henry Clinton is the attorney.

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Henry Clinton is returning as a panelist.

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good afternoon mr chairman members of the board council just uh you've been sworn just state your

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name for the record please or henry clinton right and for a point of information there's a letter

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of non-opposition from the queen village neighbors and a letter of opposite non-opposition from

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council member squilla could you identify your client in relationship to this property

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Sure. I have two clients, Lindsay, L-I-N-D-S-E-Y, Scannapico. That's S-C-A-N-N-A, P as in Phyllis, I-E-C-O, and Alexander Machin, capital M-A-C-H-I-N, and Ms. Scannapico is on the call.

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Our vice chair has a few questions.

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Good afternoon, counsel. Do you agree to read another 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, Bob, these in advance of this hearing?

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I have.

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Thank you, counsel. Please proceed.

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Thank you.

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

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This is a request to construct a two-story accessory dwelling unit, an ADU, of 680 square feet on the largest lot on South Front Street, the 700 block.

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This lot is 5,326 square feet.

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The ADU will have a garage on the first floor and two bedrooms on the second floor.

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I'll walk through the presentation containing exhibits A1 through A10, which I ask to be admitted.

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containing Exhibits A1 through A10, which I asked to be admitted.

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Here's a refusal.

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So this is an RSA 5 zoning district, which permits ADUs.

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We already have one single-family structure on the property,

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and the request is to build another structure on the property, an ADU,

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accessory dwelling unit.

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The refusals are, whereas no more than one principal building is allowed per lot

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in the RSA 5 zoning district. But again, this is an ADU. And the second refusal has to do with a

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front-loaded garage in an RSA 5 zoning district. And as you'll see from the community's letter,

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that this curb cut has been in existence for decades. Henry, could you hold on one minute?

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