civus
Hearing video

ZBA Hearing - February 5, 2025

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

They let the neighbors decide.

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And since no one was there, they took a, they just said they couldn't reach an agreement.

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Um, so the neighbors were notified.

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Um, no one came.

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Um, I use the same mailing company, proof of mailing, all that sort of stuff that's been

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sent to the board.

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um i know that my client did talk to some of the immediate neighbors um prior to that meeting who

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were fine with the proposal um but again i don't have anything written from them and they didn't

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come to the meeting so right now i would just say that we have you know these properties that have

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been vacant for a long time they are you know um long and you know the kind of choices are to

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subdivide and build two houses facing each road or you wind up again with kind of a wasteland back

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on Harold with no one engaging in it. So while these are slightly undersized lots they are very

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much in line with the existing lots on this block as shown by this list here and we haven't heard

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any complaints from the neighbors about it either so I think with that I would just ask Alec to

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raise his hand so he can adopt my testimony.

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Do we see Alex?

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It might be Terra, T-E-R-R-A, that's his company.

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No, I see Alex in the audience.

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Okay, great.

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Hi, could you please state your name and spell for the stenographer?

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

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Alex?

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Good morning to everybody.

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Can you hear me?

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I can hear you very well.

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Just state your name and spell for the stenographer.

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Can you see me?

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I can see you too.

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Okay, beautiful. Good morning. My name is Alexander Sachkov, A-L-E-K-S-A-N-D-R, Sachkov, S-A-C-H-K-O-V.

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

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Yes, I do.

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Counsel, please proceed.

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All right, Alex, did you hear my testimony here today and believe it to be truthful and accurate?

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Yes, I did.

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And would you adopt it as your own?

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Yes.

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And I just asked, have you talked to any of your neighbors prior to the hearing today?

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uh so the neighbors to the right uh while you see the picture right now they i've been knowing them

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for quite a bit i would say five six years and the neighbor on the right so they never had the

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problem uh for me to build in the four homes so the neighbors on the left i'm not sure if they

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even live in there i think it's a an empty house and the neighbor in the back of the left that's

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the storage and then it's uh car garages all right thank you i just wanted to make sure that

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the board knew that you you haven't been ignoring your neighbors yeah i pretty much know the whole

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entire block over there okay thank you questions from the board uh yes did you say that they would

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uh eventually be single-family homes correct correct thank you all the questions the ultimate

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goal is to do two single-family homes on them so it would be four total single-family homes two

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on huntington and two on harold okay so you're looking to do four four units on this so yeah

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they would be single-family homes so what what will what's the and what width of the new lots

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the width is compliant um because we're not changing the width there's two lots right now

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and the width of the existing lots are not changing.

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Let me just get to the plan.

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Hold on one second.

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So this is, I think this is 3.

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24.33.

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15.3.

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Yeah, so 15.3, and then that's not changing.

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And then let me just get to the other one.

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One second, sorry.

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is 15 10

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and so the subdivision i guess i'm a little confused so so we're we're subdividing these

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two lots correct front to back so there's here's your goal is to put a lot on the on that back

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street correct there would be two lots on the back street because right now we have they're

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two separate lots right now we're just presenting them together it's two four three one and two

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four three three and so each one of those lots would be subdivided so that there's one parcel

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in the front and one parcel in the back and the hope would be to put a single family home on each

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one of those lots so for a total four individual single family homes and so the only thing else

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that fronts on that back block are garages is that what i'm hearing so on this side of it yes

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there is rears of properties let me just get to the overhead view one second

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um so if you see here these two properties have kind of um parking spaces in the back this is

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vacant um and then when we go down over here we have some commercial buildings that

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front on Harold. One second here. So you can see over here, you have some garages,

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backyards, commercial buildings. And then when you go further down on Harold, though,

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towards this, the other end of the street, that's where you have the smaller subdivided lots.

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And that's where you have homes facing Harold. And as you can see, that end of the street isn't

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cluttered with you know um cars and garbage and things like that um so you would have more people

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interacting with this side of the street across the street you know what the uh the zoning

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classifications are for those uh garage sure let me get to the zoning map one second i do have that

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um it is rsa5 so this whole block is zoned rsa5 i believe all of those have been there

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for a long time in grandfather day and however okay got it so hopefully

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So hopefully as the neighborhood might continue developing, they would also be developed into single-family homes.

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Maybe, maybe not.

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Maybe not.

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All right.

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But it is known for single-family homes on that spot.

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Got you. Thank you.

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Other questions from the board?

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Yes. So two of these houses, eventually, are going to front on this side,

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side where there's the commercial use and then there's the other ones that will front on the

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other street. Correct. So what are we going to do about any kind of rear yard space depth? How is

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that going to work? So I guess we don't have plans yet for these houses. Alec isn't a large-scale

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developer. He already lives in the neighborhood, is looking to just develop these parcels,

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um one of which for him to live in uh so we you know didn't go through the expense of

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developing like plans for this parcel until we knew we could subdivide it um but again if there

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was any sort of issues in terms of creating enough um rear yard space or unoccupied area that would

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require another zoning variance and we would be before the board again gotcha and they are quite

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long lots, so it's 100 feet, so even the newly created lots would be about

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50 feet each, which is a pretty normal-sized lot

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in Fishtown. I mean, most people want some kind

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of outdoor space, I mean, even if they aren't necessarily

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using it too much.

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They would need to be

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code-compliant in terms of rear yard, or it would require another variance.

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Gotcha. And then these houses that are going to face on the street where you have this commercial type use, the auto repair use. So basically those two houses would be wedged in between garages?

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there's other um there's there's the rear of other um parcels here hold on one second okay

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um so this this this block is kind of so hold on one second this this house right next to it

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to the left that's residential and this is residential um where the red car where the

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red car is residential the one where the black car is residential um this uh if you go even

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further down here that's also residential we have another vacant lot which is zoned residential

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it's just in the middle of the block there's some pre-existing commercial uses

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kind of where you see these black buildings here so we have a separation right now where

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we have rear rear yards of some single-family homes here then we have more single-family

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homes here and there's a little bit of a commercial um use in between but those are also zoned

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residential all right thank you questions or comments from our attorney

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not at this time mr comments from the audience

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questions or comments from the virtual audience i see no hands thank you planning commission

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thank you chair bergman and good morning david effect with the city planning commission

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chairman will testify for both properties the comprehensive plan recommends no change to the

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rsa-5 residential single-family zoning at this location the city changed the zoning maps in old

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richmond in 2017 in accordance with the comprehensive plan at that time these block faces had been

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zoned single family since the 1970s the appellant proposes to create two undersized lots

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one on huntington street and one on herald street the area of the lots on the 2400 block of east

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huntington street range an area from approximately 750 square feet to 1 000 square feet the area of

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the lots on the 2400 block of herald street range an area from approximately 490 square feet to just

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over a thousand square feet so the appellant's proposed lot sizes match the character of each

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block face the city planning commission recommends that the board grant a proposed dimensional

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variances for lot area thank you so number five mi i'm going to vote them both together number five

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mi 2024-005-740-2431 east huntington street and mi 2024-005-743-2433 east huntington street

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I vote yes to both.

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Michael Johns, my vote is yes to both.

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Cheryl Gaston, my vote is yes to both.

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Tanetta Graham, my vote is yes to both.

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Tanetta Graham, my vote is yes to both.

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Tyone, my vote is yes to both.

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Tyo Nguyen, my vote is yes to both.

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Ishmael Shahid, my vote is yes to both.

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Counsel, please stay on. Thank you, by the way, but please stay on.

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So, number eight, MI 2024, 005-750-4247 Westminster Avenue.

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There's a recommendation of opposition from the West Belmont Civic Association.

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vote was six in opposition. An applicant provided 23 form letters of support, seven from the block,

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and there's also a letter of opposition received from a neighbor on the block.

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Counsel, for the record, could you please state your name?

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Sure, Jennifer Bazidlo, B-A-Z-Y-D-L-O.

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And you've already been sworn. Could you please identify your client, the relationship to this

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property? Sure. My clients are the owners of the property, Angela DiPrimo, DiPrimo Bucci and

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Michael Bucci. Okay. Our vice chair has a few questions. Sure. Good afternoon, counsel. Do you

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agree to waive the reading of the refusal or stipulate to its accuracy? I will agree to waive

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the reading. I can't stipulate to the accuracy. I believe the refusals are correct, but some of

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the language describing the project is incorrect at the top. Understood. We'll go through that as

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go through your presentation um have you emailed in all the required documents and exhibits as

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needed to proceed with this case five days in advance of this hearing yes i did and then i also

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submitted some supplemental documents on monday as well understood please proceed and chase me

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sure give me one second let me get the correct presentation up here all right um one second i

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seem to have put my notes in the wrong place okay so um i'm here today on behalf of angela

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and michael buchi who are the owners of the property they also are a design build team

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through their company gspace um so they are also the architects um on this project as well um

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so i'm just going to go through our exhibits really quickly uh we have our refusal um so

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I'll just address this now. It says use for change in use from household living single family

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dwelling to two family dwelling unit. We already have a permitted two family dwelling and that's

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not the refusal. The refusal we received is for the increase in occupied floor area for the two

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units above the 10% allowed by the code. So I just want to make sure that we're clear that this is

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not a change in use this is an increase in floor area for the use um and I'll go through that more

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later but and then the second refusal is for um setback requirements above the second floor so

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this is a third story addition and I'll show how this is kind of while it's technically correct

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we have a lot larger than a 5.1 foot setback um all right so this is the deed I sent separately

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um i'm just realizing now it's not in this packet i can pull it up for you in a second but

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the board should have that it was sent in um tax compliance

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please proceed okay sorry i didn't know there was a question um tax compliance again we only

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have this year's taxes owed which aren't due yet um this is the letter we'll obviously be coming

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to talk about neighbors. And then these are our letters of support from the block. All of these

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letters are from the notification radius of people that were notified for the hearing.

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Here you can see we have a zoning map. I think it's important to note that this area was remapped

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recently within the past couple years. So when my clients purchased this property,

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It was RM1, and that's why they have a permit for two dwelling units already, without a variance.

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So here's the aerial view of our property.

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It's right here.

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These lots are in the process of being developed right now.

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They're no longer vacant.

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And here's our previous use permit for two family household dwellings.

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That was issued in 2019.

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and here is a construction permit because they did need to do some construction already on the

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property as it wasn't structurally sound when they purchased it so there's another that so

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photographs there's our zoning notice posted this is the existing front of the property

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the existing rear and this is the condition of the property when my clients

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purchased it in 20 a few years ago in 2018 and

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a few years ago in 2018 and you can see some of the work they've done to just really secure

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this property and make sure it had extensive water damage the roof was falling down

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it was purchased at sheriff's sale and it was in a really neglected state at time it was purchased

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this is the street we'll come back to some of these photos and these are some other nearby

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third-story overbuilds and full third stories that are by right. This is a view from 43rd Street

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into the block of Westminster. Ours is the second house that's in there right now. As you can see

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on 43rd, that kind of backs up to it. We have a full third-story building and there's permits on

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this currently vacant lot to also have a full three-story building up to maximum height as well.

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this is another edition and we'll come back to that photo. Here is our plans. We're going to

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talk a lot about these so I will be zooming in and talking about it. And then I think for right

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now I just wanted to show you a rendering. This is our proposal with the rendering for the third

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story edition and this is the difference of what it would look like if this was a buy write project

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as opposed to what we're proposing. So let's talk a little bit more in detail now that you have an

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overview of what's going on. So 4247 Westminster is a 1,280 square foot parcel. It has the existing

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two-story structure on it right now. My clients purchased this in 2018. It was significantly,

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as you saw in the pictures, water damaged. It had been vacant for quite a while and quite neglected.

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