civus
Hearing video

ZBA Hearing - August 12, 2026

Philadelphia Zoning Board of Adjustment (ZBA)Aug 12, 20267h 30m

infrastructure on the street and as i said it was not built for this many homes it is i was told in

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the community meeting this is where i learned this information for the first time it is an undersized

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sewer pipe in quote terrible condition that is what the board said at the prior meeting in this

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case for the whole block yes there are about 17 homes on this street that access this sewer pipe

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it was not built for that so this is apparently a known problem that again i only learned from

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the board in the community meeting they said the last time development came up on this street

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the neighbors filled the room 30 people all complaining about this my assumption is that

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those people sold to us because the neighbors on the street don't really seem to know this now

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so i was told this is an undersized sewer pipe in quote terrible condition that could cost

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millions to excavate and repair we do not have a homeowners association on the street

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there are two small water drain inlets for 17 homes and a prior contractor destroyed one of

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the dreams with the construction of one of these homes by letting the concrete

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drain into the storm drain

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moving on to the basement um there are basements have water problems on this street there should

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not be a basement put in in this property it makes no sense for the new owner to then

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assume responsibility for i'm going to object uh for she i don't know what her knowledge is in

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terms of the other properties uh plus like you know she's it's bordering on expert testimony

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in terms of you know what she thinks about this property as well so so what you know to be true

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yourself i own the home that is adjacent to this lot and i get water in my basement uh 907 south

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Shell street. Um, there is no egress from the basement. So, um, correct. So I don't know what

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an egress well from a basement is, but I am not aware of any basement on this street having egress

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from the basement. Um, mine certainly does not. Um, as I mentioned, the egress, I did not occur

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to me when I built the home. You built that house yourself? Well, no. You bought the home. I bought

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the home. I might have misspoken. I apologize. Sure. So it did not occur to me when I purchased

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the home that there is no egress from the upper floors of my home. Okay. And obviously that is a

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problem not only with respect to fires, but domestic violence, burglaries, any number of

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situations. The new, let's assume for a moment that this home gets built. How would the buyers

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know about the stormwater problems on the street and the egress problems so they're inheriting a

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problem that is either being caused or worsened by the city granting these variances that

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is not being fixed by the city because the city doesn't claim ownership over the sewer

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with respect to the construction plan in this particular project at the last meeting

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no real plan was presented for construction logistics beyond a mini excavator and planks.

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Shell Street is a pedestrian street. Cars cannot come down. So every home that has been built on

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So, every home that has been built on the street has caused a problem for the neighbors, including the most recent build, a truck got stuck and the neighbors were expected to climb over the truck in order to get to their homes.

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the street has caused a problem for the neighbors.

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so i i would not personally be comfortable with this board granting a variance absent a much

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clearer plan for how materials will be brought down the street how it will affect the adjacent

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properties including the fact that i already get water in my basement and all of the homes on the

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street and some homes that are not on shell street but are on montrose the adjacent street

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all tie into the same sewer that as i mentioned is so i'm going to object in the sense that there's

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No, I don't even know how relevant it is, but you know she's making allegations regarding the sewer line.

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I don't know what's what again. This is a single family zoning classification.

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We want to put a single family home here. It sounds like if there is any type of development, she would be against it.

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well why don't you continue thank you let's just try yeah yeah

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um i will point out for the board that water was not mentioned at the last meeting so i assume

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this team probably learned of these storm water issues along with me

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and the sewer issues, but a plan has not been presented to this board for what they're going

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to do about that. And I learned from the last hearing that the board advised that all of the

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neighbors who can get ran barrels. However, with new construction, gutters are internal. They're

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on the interior of the home. So ran barrels will not help. So no matter what happens, we know we

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have an inadequate sewer for all of the homes on the street without a plan of how to fix that

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why don't you try to sum up where you i think that's all if i could just have a brief moment

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so i would assume you're against this project i am and my understanding is that i have several

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neighbors in the zoom as well i know they were there at two o'clock i don't know if they're

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still problem do you have any questions yeah would you be against any development for this property

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uh well if you can build in compliance with existing zoning law then i don't really have

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a basis for objecting for that but the neighbors currently use the lot i actually offered to buy

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the lot so it's not that the lot would uh merely go to waste for the city but but your issues

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regarding the inadequate like uh piping that's in the street it doesn't matter the size of the lot

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i mean the size of the building structure of course if we we built it by right you know we

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wouldn't be here but it would have the same issues regarding stormwater inadequate piping below

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there would be no change in in what your issues are with and the construction issues too none of

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those issues would change if it was a by right project or a variance project well i would have

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no basis for opposing a by right project so no i get it but the issues that you're talking about

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would be the same whether it's a buy right project or a variance project right

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no it would not and here's why that lot is the only permeable surface on the street

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the zoning code requires i believe it's a seven foot yard so under existing zoning code they are

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not permitted to build on this street because a yard is required for the street the fact that

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the city in years past granted variances does not mean it is safe or healthy to build on this lot now

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so why don't we do this let me see if there's anyone yeah of course okay um and thank you

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you've been sitting there yeah but one one question sure you you have no rear yard right

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that's correct thank you questions or comments from the virtual audience

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yes mr chair i have a hand up from a joe banks i will allow them to speak

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can you hear me

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i can't hear you chairman can you please state your name is spelled for the stenographer uh joe banks

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j-o-e-b-a-n-k-s do you swear or affirm to tell the truth the whole truth nothing but the truth

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i do um proceed um this is the first i'm hearing about it i was notified by um by my neighbor

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um i live behind on darien street and i do have a backyard and this is as she stated the only

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permeable space on the property and um as the lawyer was trying to argue about knowing about

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what's going on there was a property on the other side of shell opposite this proposed development

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that did get water in the basement and did have a big issue and did have construction happening overnight.

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that did get water in the basement and did have a big issue and did have construction happening

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overnight that was a nuisance to me behind her block. So with respects to what the city allows,

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doesn't allow charges, taxes towards properties that are only walkable, which Darien is an only

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walkable street too, to add property to Shell Street will take away from the fact that when

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I bought this over a decade ago, there weren't three or four of the developments. So these issues

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are compounding based on developers that come in and do what they're doing. I believe this gentleman

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was the developer on the one next to this site. And I believe they claimed that it was going to

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be their son was going to live in it and they sold it. So I think we get lied to a lot as property

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owners and as neighbors. And if they have issues with stormwater, it's going to compound onto our

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block and if the city's not going to take ownership and charge the same taxes to a walkable

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street as someone who can drive up to their street that's not fair to folks and these guys

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are trying to develop something and then pass it on a problem to someone else all right thank you

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very much for your time is there you have any questions alan no no is there anyone else in

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the audience no further answer mr chair planning commission i do have a couple questions as a

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follow up to the testimony with my from my client sure go ahead all right um raphael um we showed

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you a a buy right option which would include a one bedroom on the third floor a bathroom and a

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laundry facility on the second floor and no living room whatsoever on the first floor just the

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kitchen is that something that you would be able to build financially and sell uh no okay

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and and why is that because I mean one bedroom there's no there's no living room apparently so

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it's not worth to build and you know it's you would make no money on money at all okay thank

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you thank you planning commission Michael Gall with the Philadelphia City Planning Commission

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the comprehensive plan recommends no change to the existing RSA five residential single

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family attached zoning at this location the appellant has demonstrated that the lot cannot

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support building in conformance with the zoning codes dimensional requirements therefore the city

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planning commission recommends the board grant the requested variance for rear yard depth

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um alan there was an awful lot said here and i really do have to sit and talk to our group um

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i'm actually going to put this off two weeks so that i'm not killing myself

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next week with the amount of people so what's that date

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chair that would be august 26th at 2 p.m august 26th at 2 p.m we want we'll vote

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in yes that's correct chair august we'll do is we're going to take this to executive session

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that morning okay all right uh did he adopt my testimony i don't think he can if you want go

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ahead yeah i just want for record keeping perfectly yeah yeah uh raphael you heard everything i had

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state today about your zoning matter yes is it true and correct yes and do you adopt this your

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own testimony and we'd like to move these exhibits into the record we are good thank you um all right

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uh alan who's who's next um you can you can go online you can listen online

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the outcome yep all right thank you um reese street you got reese street uh that's alex

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Okay, Alex, very good.

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Yes, you did.

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all right number six mi2026

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zero zero one seven seven six 28 59 to 61 north free street um

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mr goldberg is our attorney could you state your name because it's already been sworn in

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alex goldberg could you identify your client in relationship to this property

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sure my client is dune mfg llc and it's representative joseph varis is sitting to

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my left all right our vice chair has a few questions good afternoon have you submitted

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your documents and exhibits five days in advance of this hearing i have and do you waive the

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reading now the refusal is to relate to its accuracy i do all right thank you share your

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screen and proceed i'll try to be efficient to get the board back on on track uh this is a property

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that is zoned for single-family living, RSA 5, but has a long non-residential history.

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non-residential history. My understanding is it served as a furniture warehouse for a furniture

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My understanding is it served as a furniture warehouse for...

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manufacturer that operated on 5th Street. This property is obviously on North Rees Street.

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My client is an artist. He's a metal fabricator that does large-scale and small-scale pieces for

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displays and other types of things like that. I have a sample of some of his work and he currently

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has a space that is at American Street and Diamond Street that he's grown out of. His

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business is going well. He needs a space that's a little bit larger to do larger scale pieces

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and he's hoping to be able to utilize this building structure. It's attractive and, you know,

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we're hoping to obviously give it some tlc on the facade as well as some renovation work to the

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interior to be able to fit his needs we are dealing with one refusal for artist studio and

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artisan industrial um again he works with metal mostly to you know build his pieces i'll give you

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a flavor of what kind of equipment he uses but he can obviously at the end answer more detailed

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questions static tooling for bending mechanical non-electric tools some pneumatic bending tools

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a horizontal bandsaw and tig welding which my understanding produces no no smoke no spark

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no noise and is the cleanest version of welding there are no toxic chemicals used in his work

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only water-based finishes and he also has a machine that filters air 10,000 times per hour

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and just honestly sounds like a fan we met with the coordinating rco on may 12th they were

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interested in what he does they supported the application um and just asked that you know

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we implement soundproofing measures which we plan to do and we manage the trash which there will not

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be much of and obviously be a good neighbor which of course joe is interested in in doing he's

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already had relationships conversations and and begun to develop relationships with the neighbors

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on the block who welcome you know him to the block he also circulated a petition to nearby

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neighbors you can see that many of these signatures i believe all of them are on the 2800 block of

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north reese street looks like there's cambria on there as well so you know the word is out about

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what he's trying to do and his neighbors are supportive. While this block is primarily zoned

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single-family, there are non-single-family uses, two specifically that are directly across the

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street from him. An auto shop at 2860 North Reed Street and a garage at 2821 North Reed Street.

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Sample work. So this is some of the work that he does. You can see the work in progress at the top

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and then on display at what I assume is a mall on the bottom.

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He, you know, his company is called Noivara.

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He's got a presence online and on social media where you can see more of his work.

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And as you can see, some of these things are big.

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And in the space he was at, it required a lot more, you know, piecemealing once they left his space.

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Some of that may still be required in the space he's trying to go into,

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but it will give him a little bit more flexibility.

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There's a zoning map.

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Photograph, so this is the front of the property.

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Here it was in 2012, so it's substantially the same as it was back then.

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Notice posting.

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Here's to the right on North Reese and to the left.

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Joe has one employee besides himself.

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He rides his bike or will plan to ride his bike from his from where he lives currently.

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So we do not believe parking will be an issue.

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There's not it's not a customer facing space.

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So there will not be people, you know, coming to pick up things from him.

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And, you know, we believe, you know, from that aspect, minimal impact on the neighborhood.

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The renovation we're planning to do, you know, we're planning to use Rock Wolf for soundproofing and also whatever fireproofing will be necessary.

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we plan to do as well currently the building's vacant you can see there it consists of two

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floors and a basement here's the plans and drawings so this is just a cleaned up version

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of the facade and here's the floor plans so the basement is pretty much as is for storage

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mostly the first floor right here there's an office in the rear he's got a bathroom

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and uh he has a hoist way sort of like a dumb waiter to bring some materials up to the second

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floor and then obviously a staircase leading up to the second floor where there is uh you can see

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And then obviously a staircase leading up to the second floor where there is, you can see the existing stair opening is being moved to where it is now.

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An additional bathroom upstairs, some skylights to let in some additional light on the top floor.

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But for the most part is designed to be open space to give him as much flexibility to build his pieces as possible.

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uh here's the rco meeting notice we met with apm in may we mailed out 180 mailers

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the application for the variance

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deed to the property he has owned it since uh 2021

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21. And here's proof of tax clearance. So with that, I'd like to ask my client to adopt my

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testimony. Sure. Could you please state your name and spell it for the stenographer? And if you

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could get close to the mic. Thank you. Joseph Varas, V-A-R-A-S. All right. Do you swear or

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affirm to tell the truth, the whole truth, and nothing but the truth? I do. Okay. Please proceed,

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counsel joe did you hear my testimony today get close drinking please don't you don't have to

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push a button just leave the light on yes go ahead was it true and correct yes and you adopt it as

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your own yes okay questions from the board yes i have a few questions one in a lot of the photos

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that you showed of his current space where he's working it's a double height space and this one

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seem to have pancake floor plate situation and so i guess my question is how is any more

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interior renovations being done to cut into the floor plate to allow for that double for

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double height space at this location is your plan to cut through the floor at all and is this your

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space where these pieces are or is this just where this piece was actually so i built that structure

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