civus
Hearing video

ZBA Hearing - June 2, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Jun 2, 20215h 8m

city's comprehensive plan which includes recommendations to promote mixed income

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housing developments and to prioritize the infill of vacancies we believe that the proposed development

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will not create unusual burden on the local street network the automobile traffic pedestrian

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activity and parking demand generated by the proposed development can be accommodated by the

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existing network along with the proposed parking lot for the residents of the building we recommend

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the board grant the variance okay thank you mi2020-003174 4701-15 kingcessing avenue my vote is yes

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my vote is yes revised plans three pages yes my vote is yes with revised plan three pages

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approved today yes with proviso yes with proviso yes with proviso yes with proviso

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thank you everyone for your patience thank you for your time and consideration

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Sure. Calendar number MI-2021-001089-5400, Rising Sun Avenue.

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I don't know if that's Gussie O'Neill or Ron Patterson.

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We still have hands up. Let me just check.

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Ms. Augusta O'Neill has her hand raised.

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Promoted to panelist?

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Yes, you can, please, Jason.

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Thank you.

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You're welcome.

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She is now a panelist, ma'am, Mr. Moore.

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Thank you.

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Ms. O'Neill, can you put your name and address on the record and spell your last name?

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Sure.

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My first name is Augusta, last name is O'Neill, O apostrophe N-E-I-L-L.

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My address is 1835 Market Street, Suite 1400, Philadelphia, PA, 19103.

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Thank you.

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

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I do.

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You also agree to waive the reading of the refusal and stipulate to its accuracy?

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I do.

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Have you emailed an exhibit packet with proof of ownership, tax compliance, refusal or

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referral photos under plans of the property five days in advance of this hearing and have you met

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with the RCO and do you have a letter? Yes to everything except that the RCO didn't provide

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anyone in my office with a copy of their letter. I'm not sure if they sent it directly to the board.

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I did try to call the RCO person that we've been in contact with during the previous hearing but

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I wasn't able to get in touch with her. Thank you. You may proceed. Thank you very much.

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I'll be really brief.

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I know that the last application went for quite a while.

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I'm here this afternoon on behalf of SEMA Network.

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They are here with an application to install and upgrade some signage at an existing Rite Aid at 5400 Rising Sun Avenue.

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The current signage, as you can see on the page on my screen, is what I guess the quote-unquote old Rite Aid signage looks like.

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The current signage, as you can see on the page on my screen.

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Rite Aid has updated and modernized its signage so that it's not the pure blue and white signage anymore.

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It's now a more modern blue, green, and white.

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This property is currently zoned RSA 5, which means that Rite Aid is very limited in the type

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of signage they can put up in this residentially zoned neighborhood. As a result, our application

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received a refusal due to the size of wall signs that were proposed. As you can see on the refusal

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that's on my screen, we are only permitted to have 15 square feet of signage. We are proposing signage

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approximately 105.33 square feet. I'm going to take you to page 37 of my exhibit package,

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so you can just see a rendering of what the signage will look like. This is the signage

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as it currently exists. This is the proposed signage. The buildings southern and eastern

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elevations are where these signs are going to be replaced. So this is the southern elevation

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of the building. Take you to a picture of the eastern elevation. Again this is the current

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existing signage. This is what we are proposing. Ms. O'Neill interrupt not to interrupt but it's

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basically a redesign? Yes. So you can summarize that would be helpful. Sure absolutely. So we met

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with the RCO on April 29th. The 42nd Democratic Ward is the RCO. They did indicate that they were

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in support of the application. They thought the new signage looked great. They appreciated the

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fact that they were going to have signage that was more modern, similar to what other Rite Aids

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in Philadelphia have. With me this afternoon is Jerry Canavan of the SEMA Sign Network Company.

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He's available should the board have any questions about the materials being used for the signs.

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And with that, I would like to call Mr. Canavan forward.

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So, Mr. Canavan, if you could raise your hand.

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Good afternoon, Mr. Canavan.

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Please identify yourself, spell your last name, first and last name, and I'll swear to you.

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Yeah.

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Can you hear me?

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Yes.

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Okay, great.

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Yeah, first name Jerry, J-E-R-R-Y, last name Canavan, C-A-N-A-V-A-N.

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You swear for him to tell the truth, the whole truth, nothing but the truth?

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I do.

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Thank you.

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Ms. O'Neill.

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Thank you.

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Mr. Canavan, did you have an opportunity to hear my testimony this afternoon?

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I did.

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And was everything I said true and accurate?

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Yes.

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And do you wish to adopt my testimony as your own?

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Yes.

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Thank you.

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And Mr. Chair, I just wanted to note for the record that Hillary Emerson of the Councilwoman's Office did provide me a letter of support that did not come directly to me but was from the RCO.

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So we do have a letter of support.

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So noted.

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Thank you.

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Thank you.

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Any questions from the board?

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No.

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No.

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Anyone else like to testify in this case,

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please raise your hand.

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Chair, I have a Ms. Cassandra Snover.

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Was her hand raised?

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I won't allow her to speak at this time.

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Oh, no, I'm sorry.

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I'm sorry.

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If we could get Hillary next, please.

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Okay, Hillary, Ms. Emerson.

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Yes, can you hear me?

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Yes, we can, please identify yourself.

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Sure, good afternoon, I believe it is still.

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mr chair members of the board um hillary emerson on behalf of councilwoman sherelle parker

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we're affirmed to tell the truth the whole truth nothing but the truth

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i do thank you please proceed yes um i apologize i may have some interns in the background

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um the councilman is not opposed to the requested variances for signage at the site it is a

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commercial property despite its residential zoning on the Rise and Sun commercial corridor.

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I do want to note in the meeting that the RCO members did mention some concerns about the

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exterior conditions of the store, that they had observed litter, overflowing trash receptacles,

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parking lot needed to be cleaned, and the landscaping improved.

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I think you're conflating this application with the application on

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North 5th Street. These are the notes I received from my

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colleague. There may have been discussion after

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you left the meeting, and that's where these notes came from, but

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these notes came from a colleague of mine who attended the meeting. I did not

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attend the RCO meeting for this one. Just because I attended both

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meetings that Rite Aid is presenting, I know these are all the concerns

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that Rite Aid is presenting. I know these are all the concerns that a different RCO had raised about

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that a different RCO had raised about

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a different rating. Right, right. No, they were raised, they were raised, according to my colleague

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who attended this meeting, they were raised at this, at this meeting as well, and she didn't

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attend the other meeting, so, but I understand that there was, there was a note that, or some

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communication that the RCO would be connected with the district manager, so I just hope that that will,

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we'll move ahead um because there are concerns about the the exterior of the property

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thank you okay thank you uh anyone else to testify no thank you planning commission

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good afternoon ariel de liberto city planning commission the comprehensive plan recommends

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a zoning map change to commercial auto oriented one at this location uh ca1 zoning it does not

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have a maximum number of flat wall signs permitted and permits one freestanding sign per lot we

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believe the applicant has demonstrated sufficient hardship as this lot is the only residentially

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zoned lot on the block we recommend the board grant the variance uh sharon are we okay if we

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approve this without the uh rco letter based on testimony of the councilwoman's office yes thank

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Thank you. Okay, MI 2021-001089, 5400 Rising Sun Avenue. My vote is yes.

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My vote is yes.

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My vote is yes.

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My vote is yes.

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My vote is yes.

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Chair, I should have added that Hillary did send me a copy of the letter, so we do have it for the file.

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Okay, so noted. Thank you. Thank you, Ms. O'Neill.

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Thank you, everyone. Thank you, members of the board.

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Thank you.

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Calendar number MI 2021-001110, 634 North 40th Street.

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The attorney is Meredith Verliger.

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There is a letter of support from the Belmont Alliance Civic Association.

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And if approved, there's one page revision.

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One revision.

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One page.

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Meredith, name and address on the record and spell your last name, please.

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Sure, Meredith Ferleger, F-E-R-L-E-G-E-R, of Dilworth Paxson, 1500 Market Street, Suite

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3500E, Philadelphia, PA.

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

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I sure do.

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

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I do.

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Have you emailed the exhibit packet with proof of ownership, tax compliance, refusal or referral, photos and or plans of the property five days in advance of this hearing?

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And have you met with the RCO? And do you have a letter?

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Yes, yes, yes, yes.

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Yes, yes, yes.

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Good evening, members of the board.

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Again, my name is Meredith Ferliger of Delworth Paxson.

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I'm here today with the owner of the property at 634 North 40th Street, Rami Shrine.

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We come to you today with a request for a variance for a property on North 40th Street,

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which is in West Philadelphia, that did receive unanimous support from the Belmont Alliance

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Civic Association during a meeting held just last week. To orient you briefly to the particular

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property, if you refer to the zoning map I have up on the screen and at Exhibit 7,

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you'll see that the property is on North 40th Street between Fairmont Avenue and Wallace Street.

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unusually the property is split zoned along with the entire block so half of the properties rsa3

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the other half is rm1 as i'll explain it is the split zoning that brings us before you today

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as you can see in the aerials that are at tab 9

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the west the there are four structures on this west side of the street with the remainder of

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block as vacant land. Again with the photographs you'll see that the existing structures on this

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block are not uniform in their style or how they're oriented to the street. Now the lot

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that's before you today is fairly large at just over 2,500 square feet. As far as the proposal is

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concerned. The project is for a three-story structure that will have six units. The intent

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is to sell the units as more affordable condominium units. The owner has also agreed at the request

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of the councilwoman to work with the local housing counseling agencies when it is time to sell these

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units. Two of the units are bi-level three-bed, three-bath units at around 1,500 square feet.

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The remaining four are two-bed, two-bath at around 800 square feet.

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Trash will be stored in the large rear yard and will be collected by a commercial hauler.

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Now, the proposal was very slightly revised from when it was originally submitted to L.A.

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Now, the proposal was very slightly revised from when it was originally submitted to L&I.

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This was done in response to discussions with the immediate neighbor at 636 North 40th Street.

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Ramy did agree to redesign the front of the structure to include a front porch,

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which I'll show you in the renderings that we have of the project.

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So this changed some of the zoning calculations very, very slightly.

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the rear yard shrunk from 15 feet to 13 feet, and the open area calculations changed by half a

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percentage point. So I did submit a revised plan proviso form, and if the board is inclined to grant

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the variances today, that would be with a proviso one page. So regarding the refusals, we received

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several that I did reference stem from the split zoning. Because the RSA3 zoning makes up 50% of

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the property and is more restrictive than RM1, the proposal was reviewed as if it were entirely

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zoned RSA3. I will note that if the property were reviewed under RM1, it would be by right.

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Regarding the use, we submit for a hardship for two main reasons. This side of the block of North

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40th Street includes 12 total lots, eight of which are vacant. Now of the four existing structures,

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three contain multi-family uses at 642, 640, and 638 North Fortia. Across North Fortia Street,

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on the other side of the block here, all of these are multi-family uses. So erecting a new single

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family home in this location would be quite out of character with the nearly exclusively single

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multifamily character of the street. Also, as you can see in tab 8 here that I'll show you on the

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screen, and based on the discussion I had with the district planner here, the Planning Commission

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actually contemplates this block for RM1 zoning, not for RSA3 zoning. They did indicate that their

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desire here is to increase density along arterial and transit nodes, such as 40th Street. So,

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at some point this entire block and the block to the north should be rezoned RM1. It's not

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clear when that will be done. We did receive several dimensional refusals for proposing an

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attached structure, insufficient side yard, and insufficient open area. Again, all of these are

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based on the RSA 3 district, not the intended RM1 district. So on this point, if you briefly

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