civus
Hearing video

ZBA Hearing - November 20, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Nov 20, 20244h 24m

yeah it says share screen but that was excuse me if i may um please sir you would have to

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have your documents open on your screen so once you hit that green share button it will ask you

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what documents you would like for us to view. I don't see a green button in here. No after you

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hit that green button that says share at the bottom of zoom it will open up another screen

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and it will ask you where where your documents are so it will be good to have your documents open

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before you hit that green share button.

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Okay.

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The document right here?

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Yeah.

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I'm sorry.

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Which one is the document?

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I'm sorry.

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You mean the documents we've sent into them?

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Yes.

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Yes, correct.

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Okay.

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okay so they're in in um they were submitted to zba yeah but but you have to have your documents

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in front of you that you could make your presentation okay okay um can you really

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continue this or because i don't have long yeah they're in here okay why don't we do sir why don't

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do this i have a few other cases i'll go through the cases i'll come back to you if by then you're

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ready to go we'll go if not we'll continue okay so i'll go to the next case and then we'll come

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back to you, all right? Thank you. Number six, MI 2024, 004-298-2129 North 2nd Street, Joseph

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Consul is the attorney. There's a letter of unanimous support from Norris Square Community

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Action Network.

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We were joining as a panelist, sir.

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Good morning.

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Good morning, Mr. Consul.

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

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It's Joseph Consul.

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That's J-O-S-E-P-H.

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Last name is Consul.

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That's C-O-N-S-O-L-E.

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We're affirmed to tell the truth, the whole truth, and nothing but the truth.

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I do.

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Do you stipulate to the reading of the refusals and agree with their accuracy?

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I do.

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it um and you have sent all your work in prior to five days am i correct yes i have okay please

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proceed share your screen okay um or am i not seeing it here we go share screen all right we are here

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all right we're not seeing it here we go share screen all right we are here talk about

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2129 north 2nd street my client is jacqueline arias she is on this call she purchased this

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property uh earlier this year and uh at that time um she sought to redevelop the interior of the

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property and leave the exterior of the property the the way that it is set up uh so her goal

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is to include two units in this property and to keep the exterior as it's set up as i mentioned

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which creates uh refusals both dimensionally and for use it's zoned rsa5 so the two unit use

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requires a variance in addition to that the previous owner or the owner before that owner

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attempted to legalize in in the year 2000 let's see if i can find that here's an application

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submitted in the year 2000 where the previous owners sought to legalize an existing rear yard

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addition. And at that time, they also sought to create a one family with a five person rooming

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house above. And that permit was refused. They appealed. And at that time, the RCO was against

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it and zba was uh was against it and there was um an opposition to it which is in the file so i can

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find that so that was notice the decision was refused and so that was you know 23 or 24 years

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ago so that shows that at least the exterior of the property has existed in in the state that

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that it's in now, I will show you the pictures of the property. There's the front. Here's what

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the back looks like. As I mentioned, they created this bump out in the back of the property that

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extends beyond what is allowed by Wright. There were plans, a full set of plans submitted in 2000

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and she's got another set that she had submitted for this application.

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We presented in front of the RCO, and as mentioned, we got unanimous support.

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I think that there is a need on that street for more housing.

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The RCO in the last three years has approved a triplex at 2110, a duplex at 2122, and then directly across the street, they approved the demolition and the rebuild of four properties, 2130, 2132, 4, and 6.

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All of these zoned RSA-5, all of these with the exact same footprint dimensionally as the property that we're speaking to you about today.

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Those were all approved by the RCO and then also by the ZBA.

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So we're hopeful that my client's two units, and these are all three besides 2-1-2-2, which is a duplex.

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My client's request for two units.

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We're hoping that's not going to be too big of an ask.

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There's the proof.

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There was a letter with a proviso they want, and my client is willing to approach PHA's choice voucher program.

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I don't know if that's a proviso that can be written in, but my client is not against this.

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In fact, that's what her plan was from the beginning.

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our proof of mailing

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posters

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here's some of the interior photos

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this property as mentioned

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needs TLC

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and she's going to give it

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Jacqueline

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is a lifelong resident of

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this area and this is her first

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foray into an investment property

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the proposed plan puts a two-unit apartment on the first floor

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and then over the second two floors you've got the second floor with your kitchen and living area

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two bedrooms and then your third floor with two other bedrooms so it would be one two unit or one

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two bedroom apartment and one four bedroom apartment

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one four-bedroom apartment see what's I got just the deed showing ownership as

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Amen.

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of February of this year tax clearance property information statement and with

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that I will call my client unless there's any questions from the board to

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adopt my testimony that's the old refusal why don't we bring your client on first

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then we'll open up for questions okay uh jackie can you raise your hand please

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we see her

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should be here i was communicating with her

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I see your hand raised.

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Jason?

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Jackie has been allowed to speak. Please unmute yourself.

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Thank you.

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Good morning. Could you please state your name?

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here. Maybe she's having technical difficulties. Jackie, can you click the unmute button? It should

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be like a red, a red microphone on your, on your zoom.

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counsel you're an officer of the court we will take your testimony questions from the board

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can you go back to the the plans i just want to see yes

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so uh the there's no

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So it's just the first floor that has access to the basement?

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That's correct, yeah, and that's strictly for utilities.

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Okay, are the utilities for all the units in the basement?

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Yes.

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Well, yeah, I mean, she's rehabbing the whole property, but that's the only area labeled as utilities.

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Okay, and the ground floor unit is the only one that has access to the rear yard?

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That's correct.

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Correct. She was adding a, if you look on the second floor, access to a rooftop deck on top of that, on top of the bump out on the first floor through the kitchen.

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So that's a roof deck for the second floor, for the second, third floor unit.

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That's correct, Mr. Jones.

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So it's a two bedroom, it's a four bedroom over a two bedroom.

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Correct.

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and trash how are you dealing with trash uh i mean there's a little bit of space out back

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as you can had seen in those pictures um i'm not certain what her plan is for the second and third

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floors again i wish we could we could hear to chime in on that yeah i can't see the i can't

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see the third floor oh let me see what i can do there we go all right

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All right. Thank you. Questions from the board?

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Questions or comments from our attorney, Hillary Emerson?

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Hillary Emerson? Not at this time, Mr. Chair.

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Questions or comments from the virtual audience?

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I do not see any. Planning Commission. Thank you, Chairman, and good morning. David Defecto,

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F-E-C-T-E-A-U with the City Planning Commission.

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

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Yes, sir, I do.

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Please proceed.

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Thank you, sir.

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Chairman and board members, the comprehensive plan recommends no change to the RSA-5,

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Residential Single-Family Zoning at this location.

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The city rezoned Norris Square in 2021 in a community-requested map change.

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The dimensional variances for open area and rear yard setback appear to be existing conditions.

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The City Planning Commission recommends that the Board grant their proposed dimensional variances, but deny the use variance for two dwelling.

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MI 2024-004-298-2129 North 2nd Street, I vote 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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Cheryl Gaston, my vote is yes.

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Tanetta Graham, my vote is yes.

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Tenetta Graham, my vote is yes.

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Ty Nguyen, my vote is yes.

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Thank you, Board.

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Thank you, counsel.

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Number eight, MI 2024-004-301-2213 North 7th Street.

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Zen Jin is the attorney.

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There is a letter of support from APM.

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applicant also provided a petition of support with 32 signatures

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good morning

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good morning counsel could you please state your name and spell for the court sonographer

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yes my name is zen jin z-h-e-n last name j-i-n

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

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I do.

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

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Yes, my client's ABC, UALC. They're the owner of the property. We do have representatives from the company with us today as well.

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Stipulate to the reading of the refusals and agree with the accuracy.

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I do.

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um have you uh forwarded all of your documents within five days prior yes we did please share

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your screen and start thank you i'm going to share with the board the documentation previously

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submitted can the board see my presentation on their screen yes yes sir thank you so we have

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submitted a copy of the refusal uh the letter of support from apm a petition of support which we

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obtained during the process of meeting with the community, photos, plans, and related documentation.

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This is an application for a property to be constructed in a CMX2 district. The variants

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we seek, there are two variances primarily relating to what was previously required commercial use on

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the property floor. We are asking to have the commercial unit to be converted to a residential

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unit, but the layout of the property leads to a total of four units, which I will show through

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the plants. The property also is slightly deeper and covers the maximum occupied area slightly

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more. Again, this is part of the due to the design of the property. APM and the neighbors were

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reached out to. We had a meeting. Generally, after we have shown the neighbors that the property

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itself is accessible to the back by all units, the trash storage and collection was not as much

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of a concern after that discussion. Parking is always of a concern. However, that block and

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surrounding area is CMX2 and RM1. So on-street parking is the standard in the area. And

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ultimately, parking was not considered an issue sufficient for the community to have

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opposition to the proposal. So the vote was five in support, one undecided. However, in addition to

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that, we also have reached out to many of the neighbors in the area with the proposal, and we

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did obtain additional feedback from neighboring properties in support. Overall, the feedback is

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that these properties being located here on North 7th Street, being across from an RM1 development,

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there are really no ongoing commercial corridor existing in this area. This is our space. We're

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basically filling a space between buildings, which is a lot, and building a building very

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similar to what is already existing next door. In fact, the use the proposal size is very similar

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to what is already there and consistent with what is already up and down the block as well.

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So here's the posting. I'm going to go ahead and show the board the layout based on the plans.

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So this is a proposed plan to have a building put in place on this lot.

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there's going to be an existing easement access side alley to this building, which allows access

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to the rear yard by all occupants. The design is to have an entry in the front, but also a shared

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entryway on the side. What this leads to is an entryway to the side that has a stairwell that

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allows exiting from the building from a shorter distance. That is a preferred way of design

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because of the overall travel distances. This allows shorter travel distances for all units

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in the case of an emergency. The layout is bi-level designs front and back for the entire building.

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The layout is bi-level designs front and back for the entire building.

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The first floor and cellar has the two front and back bi-level unit.

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And then the second and third floor also has two front and back bi-level units.

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These being two bedrooms with the living space, kitchen, access through the center stairwell in the front and similar design in the back.

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We have on the first floor and basement, again, the bedroom is placed on the first floor, a flex space in the basement, and kitchen and living.

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Of course, the basement can be used as additional living space, storage, recreation area, et cetera.

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So that is the overall design.

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there are two small roof decks on the top, which is within code requirements that permits the upper

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floors to have exterior space as well. But again, all of the units have full access to the rear

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yard for trash storage until such time trash will be picked up. The primary hardship to putting a

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commercial space here is that the area this block has really no commercial activity. So that is our

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presentation to the board. I'm happy to direct to any part of the presentation if the board has any

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questions, and I should have a representative from the company ready to verify my testimony.

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Thank you. Can you zoom into the brief so we can see all the floors at one time? Sure, sure.

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Not a problem. I will zoom out. Is this what you're looking for? Yes, that's better. Sure.

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