civus
Hearing video

ZBA Hearing - January 6, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Jan 6, 20215h 31m

yes to both thank you members of the board and have a happy new year thank you likewise

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calendar number 0968 4240 north broad street suite 2

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did we skip a case did we do number eight i believe number eight was one of the two we

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just read in right no i'm sorry edgemon i had we had that in as a continuance that's continued

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no that wasn't this is alan knockamson if you read on your list the

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i read it off i did read it off as a continuance earlier

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could you call and ask if mr knockamson is here please sure i'm available

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for 2610 edgemont street i thought he asked for it no um i could be wrong on that then

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yeah he's not here he's not available yeah i think he asked for that if i'm not mistaken

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well look we'll keep it in as a continuance if it's a mistake he'll come back and we can

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we'll hear it all right but if he's not on i have to assume that it's continuing yes he may

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have requested it it wasn't on the list that i had i think it was a good request earlier yep thank

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you so we're back to calendar number 0968 4240 north broad street suite 2 yes and on this one i

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have no record of having received exhibits is there anyone here for 42 40 north broad

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i believe this was also a continuous has it already been continued i gave you this this

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morning i believe uh yes you did all right has it has it already been continued

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i didn't hear it earlier no i'm asking was has this already been continued oh this is the second

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one is i don't i believe this is the first listing listing yeah okay so mi 2020-000968

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4-2-4-0 North Broad Street Suite No. 2 is continued.

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4240 north broad street suite number two is continued

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And would that be a must be heard?

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Yes.

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Yes, must be heard.

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Thank you.

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Sure.

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And calendar number 1873-614 South 7th Street.

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We have a letter of non-opposition from Councilman Squilla on this case.

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Mr. Daniel McElhatton has his hand raised. I will promote him to randomness right now.

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Good morning, Mr. McElhatton. Please identify yourself with the record. Spell your name.

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Good morning, Mr. Chair and members of the Zoning Board of Adjustment.

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My name is Daniel McElhatton, D-A-N-I-E-L, McElhatton, M-C, capital E-L-H-A-T-O-N.

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Thank you.

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You swear, swear, as a firm to tell the truth, the whole truth, nothing but the truth.

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Sorry, Carol.

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I do.

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

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I do.

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And have you emailed an exhibit packet with the required documents, including proof of ownership, tax compliance,

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a copy of the refusal or referral photos and or plans of the property five days in advance of

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this hearing and have you met with the rco and do you have a letter i have submitted all the

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required documentation the rco letter i believe was sent on the 28th it is not part of our packet

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but i believe it has been received it's a letter of support from the rco thank you you may proceed

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May I share my screen, sir?

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Sure.

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Give me just a moment.

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Mr. Chair and members of the panel, this is a follow-up application to an application that

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was approved by the board on July the 10th, 2019. The property is the Good King Tavern at 7th and

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Cater, right below south. And you approved an expansion last July. And this application is a

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follow-up on that because when we went to do the construction, it was determined that a stairway

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that was proposed could not fit where it was designated to be. And we had to bump out about

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four feet to the edge of the property. And that's why it required an additional 80 square feet

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to be able to conform with the proposals and what was originally approved.

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So that, you know, our request now, which we made to the RCO,

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was to just really give us the ability to complete what you had approved in July.

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And I can show you what the...

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dan this is uh this is the old chick's bar right seventh right on the corner

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oh yes sir you're more familiar with that area than i am yeah i know i had a few there

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if you ask me about some other places i might be able to okay uh but there wasn't there something

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if i recall at the original hearing that was the second floor there was an extension or something

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with that it was approved it was approved right now it was approved and this second floor is now

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instead of a little bump out in the back it's going to be flush right right okay access okay

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so and and frankly that's all that we're asking for is that 80 square feet and um you know we

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met with the rco got a letter of support there was no opposition there were no concerns by the

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community. And I believe it's a rather simplified application. All the documentation has been

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provided. I would request that Bernard Brighi be acknowledged so he can confirm my representations

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to the board. Okay, please. Sir, please identify yourself for the record once you're promoted.

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An individual will please raise his hand so he may be promoted.

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Not any hands, Jason?

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No, I see no hands raised, sir.

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Okay, why don't we do this?

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Dan, as an officer of the court, we'll stipulate that your client would adopt your testimony.

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yes sir wait a minute i see i see a hand raised it just went up

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An alarm to speak right now, Bernard Grigri.

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i don't allow him to speak right now bernard

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Mr. Grigri, you may unmute and wait to be sworn in, sir.

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Just did. Sorry about that.

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No problem. Good morning, sir.

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Please identify yourself, first and last name.

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Bernard Grigri, G-R-I-G-R-I, 12 Lenape Trail, Winona, New Jersey, 08090.

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

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I swear. Mr. McIntyre. Yes, sir. Well, Mr. Grigey, you've heard my summary of the

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request of the zoning board for the additional 80 square feet in order to be able to complete the

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project. Do you agree with my representation and adopt it as your own? I agree. Thank you.

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Any questions from the board? No. No. No. Would anyone else like to testify in this case? If so,

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please raise your hand, including members of the RCO and a member of the District Council Office.

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I'll hand at this time, Mr. Chair. Thank you, Planning Commission.

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I'll have Grumbelow Burns with the City Planning Commission. We have no objection to this

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application. Thank you very much. MI 2020-001873, 614 South 7th Street. My vote is yes.

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My vote is yes. My vote is yes. My vote is yes. My vote is yes. Thank you and good luck. Mr. Chairman,

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that completes my business. May I be excused, sir? Yes, you may. Thank you. Happy New Year.

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Thank you to you too, all of you. Calendar number 1871883 Belmont Avenue.

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I think the attorney is Leo Mulvihill.

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Mulvihill has been promoted to panelists, Madam Chair.

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Thank you. Mr. Mulvihill, will you please state your name and address for the record and spell your last name?

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Yes, Leo Mulvihill.

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M-U-L-V-I-H-I-L-L

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Address is 2424 East York Street, Suite 111, Philadelphia 19125

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Do you swear our firm to tell the whole truth and nothing but the truth?

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I always do.

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I know. Do you agree to wade the reading of the refusal and stipulate to its accuracy?

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I do, but we do have revised plans that were submitted to Ms. Zuletta

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along with a provisor sheet, and I can go over that, I guess, first

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so we all know kind of what we're looking at here.

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Okay. Have you emailed the exhibit packet with proof of ownership, tax compliance, refusal, referral, photos, plans, five days in advance? And have you met with the RCO and have a letter? And do you have a problem at this time with this case for us to hear it?

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There's no problems. No. Everything got sent in and we met with the RCO and they're in support.

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Okay. So you're going to move forward with this case?

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Yes.

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Okay.

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So, good morning, members of the board.

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Leo Mulvihill for Belmont Avenue Development, LLC.

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My client would usually be with me today, but they are still out for the holiday, taking some well-deserved time off.

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So, I have up on the screen the zoning information packet.

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What I'm going to do first, though, is go to my proviso plan sheet so everyone can see.

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Hopefully, this works right.

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Nope.

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There we go.

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Nope.

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So, essentially what we're doing is proposing the erection of a new building at 883 Belmont. There's nothing there at the moment. We've made a couple changes to the original plans that were submitted, which included a little bit less open area, which is still by right.

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We got rid of some parapets and reduced everything to match the adjacent structures.

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Entry level and front steps of the property were lowered to match the existing adjacent structure.

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We got rid of the balcony.

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And then that's really it.

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We just kind of worked with the neighborhood to try to give them what they wanted.

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So let's go back to resuming this page.

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All right.

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So back to my packet.

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Refusal appeal project information form at page one.

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Area zoning maps at page seven.

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Deed is at eight.

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Commercial activity license, I don't have it for my client, but we have a tax clearance.

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If the board chooses not to vote, I'll give it to you later.

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And if you want to hold it, we have the zoning, pardon me, the tax clearance at 14.

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Zoning notification letter and mailings are at 15.

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Letter support is at 18.

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Vote is at 20.

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And I have revised plans as described in the previously described proviso sheet at page 46.

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I just I'm sorry I can hear somebody talking I'm not sure whether that's you guys or just

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i just i'm sorry i can hear somebody talking i'm not sure whether that's you guys or

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some there's background noise if someone would please mute yourself that would be helpful thank

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you so there we go get through all that so members of the board I'm showing you now page

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seven of my packet this is the property uh it's basically at the intersection of Belmont and

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Lancaster there's some intact uh properties to the lower part of the block then there's a big

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hole in the middle of the block right across the street. It looks like it was a used parking,

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pardon me, used car lot or a garage of some sort. It's all zoned CMX2. It doesn't really make any

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sense to be zoned to CMX2 because everything on this block is residential. There's no commercial.

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My client's D. I'll just get to the good stuff. Letter of support, bam. So overall we had

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16 attendees at the community meeting and it was supported by west belmont civic per this letter

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dated december 11th 2020 found at page 19 of my packet and that kind of explains exactly what we

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did out of 16 people at the meeting one was an affected neighbor they voted in favor six other

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people also voted in favor just to give some context this is page 20 of my packet showing the

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posted zoning signs backing up and looking at the existing properties on belmont now we're just

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going to pull 360 now looking southbound in belmont towards lancaster avenue now across the street

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where that's now at page 28 that's where that i maybe it was a cheesesteak place i don't know

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a used car lot or something like that along the way and you can see the adjacent properties

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members of the board where we're trying to do this infill it's all residential with porches

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There's no commercial.

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It doesn't make sense to be zone commercial.

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Here's a shot from right across the street.

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And then just giving you a better idea of the other adjacent properties.

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Yeah.

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So zone commercial doesn't make any sense.

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We're asking for multiple units.

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The neighbors have no objection.

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I'm pulling up right now if my computer pays attention to me.

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There we go.

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Page 46 of my zoning packet.

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So this is what we're proposing.

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it's a little bit more modern the neighbors were receptive to that actually because we kind of

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discussed we really couldn't match the older style of the homes we did not originally have a porch

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like this it was just kind of open we incorporated trash storage if you look to the bottom left hand

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photograph we incorporated covered trash storage for the units so that neighbors won't have to

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worry about any trash and so that the tenants have some place to put it what i have here members of

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board taking a look is so you have three units unit a is about 1500 square feet basement and

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ground floor basements just for storage or whatever else they want to do with it and there's a

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utilities down there for all the units as well ground store you come in you have living room

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dining kitchen bathroom one bathroom two nice little light well allowing for the compressors

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for air conditioning, and a rear yard. It's all by right, at least with respect to the dimensions.

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If you go up those stairs, oh, lose my page. If you go up those stairs, we're talking about the

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section that's now in like a light blue slash lavender. Come on in. You enter this unit in the

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kitchen. It's about 800 square feet for the unit 750. So you got kitchen, bathroom, bedroom in the

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front bedroom in the back and same thing for now the third unit it's uh highlighted in green

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basically exactly the same as the unit below it the neighbors at the meeting were receptive to

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the pricing for new construction uh while it was a little bit more than median rents now in the

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neighborhood they understood that because this is newer construction rents are just going to be a

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little bit higher. So the hardship in this case, members of the board, is simple. This is a

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residential block. There's no commercial on this side of the street on this block. It doesn't make

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any sense to require commercial on a residential block, especially when doing this sort of infill.

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So that's the hardship my client faces. With that, I submit it to the board, and I'm happy to take

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any questions you may have at this time. Excuse me, this is Sharon Saleta. I checked the tax

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balance it's tax compliance so there is no need to hold it for that yes and just uh mr letta just

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for boom because the board sees this i pulled this uh the other day this is our tax clearance

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of page 14 of the packet is 224. okay uh how many pages

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you have revised plan yeah the revised plans um hold on for one second chair

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I believe for the purposes of zoning Z1, we only need one page.

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I believe it's for purposes of zoning Z1.

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We only need one page.

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Yes.

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For the Z1, we only need one page.

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Okay, thank you.

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Questions from the board?

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