civus
Hearing video

ZBA Hearing - October 29, 2025

Philadelphia Zoning Board of Adjustment (ZBA)Oct 29, 20255h 57m

case. The following guidelines for our remote attendees. When directed, you must raise your

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virtual hand in order to be recognized. If you're called to testify, you'll be prompted to join as a

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panelist. Please accept the request and turn on your camera. The webinar Q&A is for questions

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about the hearing. Do not comment on cases. Fourth, if you're participating by phone,

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press star nine to raise your hand and star six to unmute or in-person attendees refrain from

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talking eating and drinking during the hearings verbal and physical aggression will not be

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tolerated restrooms are across from the elevators a water fountain is just outside the room to the

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right when speaking on the record you must speak directly into the microphone in order to be heard

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by all attendees in the event of emergency please follow the directions given over the public

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address system or by the staff the main exit is through the double doors at the rear nearest

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stairwell is to the left outside the doors case of an evacuation the rally point is at love park

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directly across art street please remain here so we can account for you let's look at our schedule

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for today. Number one, MI 2025 003 648 648 1000 North 48th Street. This case is continued

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to 3 11 26 at 2 p.m number four mi 2025 003 800 109 hilltop road this case is continued to 3 11 26

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at 2 p.m number six mi 2025 003 848 502 to 04 south juniper street david orphan 80s

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please mr orphaned is in the virtual audience

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do we see his hand yes he's joining us let me in

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

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certainly my name is david orphanetes last name is spelled o-r-p-h-a-n-i-d-e-s

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do you swear or affirm to tell the truth the whole truth nothing but the truth i do mr orphanetes

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

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mr orphanetes is this case ready to go on it is do you have the extra the other person

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well so the so this is a matter of correcting as far as 1330 lombard street the abutting property

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is concerned this is just a matter of confirming the existing conditions out at the site my client

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has been involved with the neighboring uh the neighboring property owner with this from the

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beginning. They're completely aware of this and they're aware of the hearing. I can't force them

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to be present today. And so Hillary alerted me to this earlier today. And I would ask.

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We've just had a we've had a conversation about this. We're going to continue the case

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until you can produce the person. OK. I mean, could we do a hear and hold and then I could

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have something provided to you from them in writing we're going to move on today we want

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the case if it's not ready today and we don't believe it is we're going to continue it i'm

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going to give it a date but you can call and we'll see if we can get it back in here a little bit

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quicker okay understood so mi 2025 003 848 502 to 04 south juniper street that case has continued

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to 3-11-26 at 2 p.m., but if you would, you could call and see if, in fact, we can't get

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it in sooner, okay?

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Thank you.

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Number 7, MI-2025-003-870-811 South 19th Street.

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This case has been withdrawn.

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And number eight, MI-2025-003-886-1227 South 15th Street.

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It's Mr. Orphanides' case.

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There are no exhibits as the first listing.

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We're going to continue this until 3-11-26 at 2 p.m.

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Are there any other requests for this?

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Mr. Chair, Mr. Orphanides has his hand raised.

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sure on that one thank you

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you've already been sworn just state your name for the record please sure david orphanetes

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his last name is spelled O-R-P-H-A-N-I-D-E-S. 1227 South 15th Street. We have no exhibits. I

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understand you are the attorney. Yes, I just wanted to update the board. We did meet with

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the community group, and there are some things that we're working on with them regarding the

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property and the other properties that my client owns on the block. And then we're going to either

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we're fine with the March 11th hearing date. We may send a letter and request for that to be

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changed to attorney moving party, but we'll be in touch with you about that. Okay, thank you. And

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in that date we gave it was 3 11 26 at 2 p.m correct thank you thank you are there any other

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requests for continuance hi this may not mean i will co-host this hearing now and i see no hands

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Okay. All right. Um, so we're going to go to our add-on list.

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So number one, MI 2024-005-506-5351 Wayne Avenue, I vote yes with proviso.

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Her amended refusal dated 8-5-25, and also I certify that I have watched the video on

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10-22-25.

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Cheryl Gaston, my vote is yes with proviso.

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Tywin, my vote is yes with proviso.

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Michael Johns, my vote is yes with proviso.

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Thank you. Number two, Tanetta Graham will handle this.

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Thank you, Chair. MI-2025-003386, 6903 Germantown Avenue. My vote is yes.

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Michael Johns, my vote is yes.

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Cheryl Gaston, my vote is yes.

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Ryan McAdams, my vote is yes.

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i win my vote is yes number three mi 2023 004 267 900 east chelton avenue

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i vote yes with proviso maximum three

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I vote yes with proviso. Maximum three dwelling units, no rooftop deck, no household living in

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the basement. Michael Johns, my vote is yes with proviso. Cheryl Gaston, my vote is yes with

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proviso. Tanetta Graham, my vote is yes with proviso. Ty Owen, my vote is yes with proviso.

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Number four. MI 2025 002 910 4351 Peach and Street. I vote yes with proviso. Revised plans, two pages, stamped by ZBA on October 29th, 2025. Plans must be stamped by the Planning Commission prior to permit issuance.

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Michael Johns, my vote is yes, with Proviso.

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Cheryl Gaston, my vote is yes, with Proviso.

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Tanetta Graham, my vote is yes, with Proviso.

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Tywin, my vote is yes, with Proviso.

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Number five, MI 2025-001-886, 627 North 64th Street.

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The vote in this matter has been rescheduled to Wednesday, November 5th at 2 p.m.

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Number six, MI-2025-003-224, 5416-26 Lena Street, I vote yes with proviso, per refusal, dated 8-6-25.

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Michael Johns, my vote is yes with proviso.

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Cheryl Gaston, my vote is yes with proviso.

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Tanetta Graham, my vote is yes with proviso.

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My name McAdams, my vote is yes with proviso.

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I win. My vote is yes with proviso. Number seven, MI 2025-003-977-1514 Christian Street. I vote no.

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Michael Johns. My vote is no.

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Cheryl Gaston. My vote is no.

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Sonata Graham. My vote is no.

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Ryan McAdams. My vote is no.

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I win. My vote is no.

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And we're going to go to our regular list. Number two, MI 2025-003658, 2039 South 10th Street. Leonard Alteri is the attorney. Non-opposition from the RCOs with provisos from Councilmember Squill also.

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East Passion Crossing is also in favor.

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Good afternoon, everyone.

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Counsel, could you please state your name and spell for this stenographer?

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Yes, my name is Leonard, L-E-O-N-A-R-D.

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Last name is Alteri, A-L-T-I-E-R-I, with the law firm of Claire Harrison Harvey Brandsburg.

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

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I do, Mr. Chairman.

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Could you identify your client, a relationship to the property?

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My client is 2039 South 10th Street, LLC.

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They are the owner of the property.

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Our vice chair has a few questions for you, sir.

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Good afternoon.

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Have you submitted your documents five days in advance of this hearing?

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I have.

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And do you waive the reading of the refusal and stipulate to its accuracy?

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I do.

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And I just wanted just one caveat.

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The exhibits were submitted within the five days.

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When reviewing them yesterday, I realized that the second page of the plans were cut

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off, so I just supplemented that yesterday.

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It's just one page for the plan.

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Okay.

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Thank you, Kim Rossi.

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What's your case?

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Perfect.

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All right, perfect.

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Everybody can see the screen.

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All right, so again, Leonard Outs here at the law firm of Claire Harrison,

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representing the property owner of 2039 South 10th Street, LLC,

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for the property located at 2039 South 10th Street.

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The property itself is located at the corner of Snyder Ave and South 10th Street, just

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to give a perspective.

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Here we go.

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So it's actually this area where these three bollards are.

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So this is the footprint of our property, and it follows this yellow curb line, if you

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will.

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Many people think it's actually the parking lot of the bank that's located on the corner,

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but in fact, this parcel right here is what we're talking about, and it runs, again, this

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natural curb line that's shown or delineated in the yellow.

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It is currently a surface parking lot. What my client is proposing to do is to construct an attached five-unit multifamily structure with walkout roof decks at the second floor level and balconies on the third floor level, as well as for non-accessory structured parking to have three spaces in the bottom.

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So essentially what it's going to look like, it's going to replicate the building that we're going next to.

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And we have Tim Kerr, who will be able to provide more information on the actual architectural renderings.

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So, again, we're within this bollard area right here.

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So again, we're within this bollard area right here.

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And, again, these three bollards roughly right about there.

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So, the property is located in the CA1 auto-oriented commercial one zoning district.

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Again, that's that sliver that we see right here on the screen.

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It's also located in the narcotics injection site's overlay district.

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We did meet with the RCO on August 11, 2025, where they voted to support our application.

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As was noted in the beginning of the introduction by the chairman, during the meeting, we did agree to the following, which the board did incorporate as provisos in their letter of support,

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that we will provide a dumpster inside the proposed garage that all tenants will use for internal trash collection and said dumpster will be serviced by a private trash collector.

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The owner will make a good faith effort to engage with the mural arts to replace the existing mural that will be covered by the new construction.

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Again, as you see in this picture right here, there's a mural on there right now.

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My client owns this building that we're adding on to essentially.

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So we will have good faith efforts in communication with mural arts to paint the new exterior wall.

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And then the owner will also install a green roof that we hope will capture around 75% or more of the rainwater runoff from the roof of the new building.

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When we met with the neighborhood, the concerns were essentially consistency with the neighborhood character.

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This surrounding neighborhood is predominantly residential in form and function.

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There was concern about introducing or expanding a commercial use and how it would be inconsistent with the established character, potentially disrupting the cohesion, walkability, and quality of life in the neighborhood.

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But we also heard from the community about the avoidance of a commercial encroachment, you know, having, since this parcel is zoned as a commercial use, having an expanded commercial use in a stable residential block, which I think we can all agree would create an undesirable spillover effect, such as traffic, parking shortages, and late night activity, trash accumulation.

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um also just looking at the parcel itself the unlikely commercial viability of a commercial

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structure being able to be constructed on such a narrow lot um many see a1 parcels especially

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those on small narrow lots embedded in residential neighborhoods lack the visibility access or foot

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traffic to support a viable commercial operation and a residential use is more realistic and the

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sustainable use of the parcel minimizing long-term vacancy or blight as i said i do have tim kerr

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who's the architect um and i think at this point mr chair if there's no objection we'll have him

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sworn in and we'll kind of walk through the uh the floor plans to the board okay

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why could you please state your name is bell for the sonographer

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could you move forward a little bit make sure that's right there we go okay timothy kerner it's

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t-i-m-o-t-h-y kerner k-e-r-n-e-r do you swear or affirm to tell the truth the whole truth and

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nothing but the truth yes i do counsel please proceed sure so tim i apologize because i went

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to school with a tim kerr so tim kerr kerr and her excuse me if you just want to walk i'm just

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going to control this for you and i'll let you walk through the uh the plans for the board sure

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um and actually if you could scroll down a little bit and show the elevation i think that helps

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uh so although this is a five unit uh residential apartment building we have intended to make this

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appear like two uh separate three uh three-story houses on either side to continue the the context

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of the residential area there are some two-story houses there are also three-story houses on both

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10th street and south hutchinson street and if you scroll down a little bit more you could see that

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and zoom out a little bit you could see the comparison of the existing on the left and

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And those are two-story residences facing the two streets.

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And then we're simply adding two more.

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Well, it's really one structure because the lot goes all the way through from street to street.

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But it's acting like two structures.

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Leonard mentioned a roof deck.

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It's actually on the second floor level.

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So the roof deck is above the one-story garage area.

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And then there's two balconies on the third floor level, one on each side.

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There are, above the commercial space on the ground floor, where the owner would be using for his business, there are two units.

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So there's a one-bedroom unit on the, yeah, I guess you could zoom in there.

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Okay, so on the left-hand side, there's a one-bedroom unit on the second floor, and then on the third floor, there's another one-bedroom unit.

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You could see the roof deck for that second-floor unit, and then the balcony for the third-floor unit.

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On the right-hand side, we have a studio apartment on the ground floor, and then a one-bedroom unit on the second floor and on the third floor.

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So again, it's really just, it's rather than making this automobile commercial use.

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So, again, it's really just, it's rather than making this automobile commercial use, which doesn't have sufficient access for that type of use, we are really continuing the residential patterns from the adjacent blocks, which is the reason that the community group felt positive about this application.

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I think that summarizes everything, unless there are any specific questions.

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Well, why don't we do this?

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We're going to finish the presentation, then you'll be open to questions then, okay?

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Sure.

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So, Councilman, do you want to proceed?

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Yep. So in order for us to be able to construct this, we are seeking relief this afternoon for the following that, you know, because it is a commercial district, non-accessory structure parking is prohibited in the CA1 commercial district.

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The multifamily household living is prohibited in the CA1 commercial district.

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And then we get into some dimensional area issues as well that we're also seeking relief from.

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Again, the consistency or the common theme from the neighborhood group is, one, a lot of people did not even know this was its own individual parcel.

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Again, as you saw from the bollards, my client has a very good relationship with the bank owner.

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We could have fenced that off, but instead we decided to work collaboratively with that bank owner, allow them to continue to operate on there.

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The bank owner was present at the hearing or at the RCO meeting there and supported the application as well as the RCO.

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And, again, as a letter of non-opposition from the councilman.

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How about your client?

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Is your client?

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He is here today, Mr. Chair.

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