civus
Hearing video

ZBA Hearing - December 2, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Dec 2, 20206h 53m

Anyone else requesting a continuance or withdrawal?

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Please raise your hand.

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We have a Mr. Albert Littlepage.

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We should speak.

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I'll introduce her right now.

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Mr. Little Page good afternoon chair afternoon please identify yourself for the record and I'll

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swear you in my name is Albert Little Page I'm with the Point Breeze Community Development

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Coalition the coordinating RCO you swearing for him to tell the truth the whole truth and nothing

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about the truth yes I do please proceed uh chair I'm just uh on the continuance we were requesting

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the continuance for 2027 Ellsworth Street.

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Is the applicant and or his or her attorney available?

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Chair, I'm not sure.

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Is that for 2 o'clock?

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That's a 3.30 case.

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Yeah, it's a 3.30 case, Albert.

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Am I jumping the gun?

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I'm sorry.

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I'm trying to go home.

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I'm sorry.

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No problem.

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I wish we were at 3.30, but unfortunately, no.

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I'll lower my hand.

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Thank you.

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We'll talk to you later.

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anyone else

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okay mr chair we have a mr george felici that i will i'll just speak right now

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mr felici please wait to be sworn in sir good afternoon sir please identify yourself with the

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record spell your last name and provide us with your address yes uh george felici uh i am uh with

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the applicant at 2616-26 South 18th Street. Ron Patterson already spoke up on our behalf there.

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So who are you? Who are you representing? We're representing the applicant for 2616-26

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South 18th Street. Your co-counsel? No, no, I'm sorry. Maybe I used the wrong term. We are the

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applicant if you will ron is okay okay we'll get to you we'll get to you shortly thank you

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anyone else

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ready to proceed thank you before we begin i just want to make sure

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Thank you. Before we begin, I just want to make sure. We had a case that was going to be the first case this afternoon is 0889-3929 Ridge Avenue. Am I correct on that?

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Thank you.

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That's correct. That is a resumption hearing and there is also a request for reconsideration on another case. I can read that out.

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yes 36 streets reconsideration yes as it relates to ridge avenue are we prepared to go forward with

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this case it's the attorney is alan knockinson what number is that case well that's an add on

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from this as an add-on. It was a case for reconsideration and Mr. Nockamson has contacted

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me about this so I know he is planning to be here. Let's move it back. He's on right now.

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Good afternoon Mr. Chair, members of the board. Alan Nockamson of Nockamson,

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MPC, 123 South Broad Street, Suite 1600, Philadelphia, PA, 19109.

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Learn to affirm to tell the truth, the whole truth, and nothing but the truth.

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I do.

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Carol?

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Mr. Nockamson, do you agree to wait the reading of the refusal and stipulate to its accuracy?

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Yes.

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Have you emailed an exhibit packet with the required documents?

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I'm sorry. I'm sorry, Carol. I just wanted to mention this is a resumption.

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So we don't do that?

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No, it's not necessary.

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That's not necessary.

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Okay, cool.

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You may proceed.

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Okay.

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I'm going to share my screen.

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Thanks, hon.

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Yes, sir, you can.

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Huh.

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Do you see my screen?

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Oh, there it is.

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Okay.

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Yes.

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I didn't see it.

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Again, Alan Ockamson and Ockamson PC.

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I'm here to present 39-29, 39-31, and 39-33-35 for Ridge Avenue.

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We were here a month or so ago regarding this property. We were waiting for community input.

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We met with the Ross Civic Association and I'm glad to say that we have their support

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and I have exhibit number eight which has a letter of support as well as a letter of support from

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Councilman Jones as well just a little background so if you may not remember this project we are

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looking to now put based on revised plans and I'll go to far back because we presented all these

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materials before by the way this is an RSA 5 property and that's why essentially we're here

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today. But we have revised plans where we are reducing the height of the building, which will

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eliminate one of the refusals, reducing it from 55 feet to 35 and a half feet, making it from a

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five-story building to a three-story building. We're reducing the amount of units from 14 to

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eight uh so on the first floor uh there will be uh two commercial spaces on the corner of allegheny

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and ridge and then on the on the second and third floors there will be a total of eight units four

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in each uh four on each floor we're also as part of this revised proviso plan we're also eliminating

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the roof deck and the three roof deck access structures uh so that eliminates another refusal

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AS PART OF OUR NOTICE REFUSAL. WE ARE ADDING RESIDENTIAL BALCONIES AS PART OF OUR PLAN.

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AND WE ARE SHIFTING THE BUILDING FOOTPRINT, BUT WE DON'T BELIEVE THAT WE HAVE ADDED ANY

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REFUSALS. NOW WE DID, AS PRECAUTIONARY MATTER, SUBMIT A SECONDARY ZONING PERMIT APPLICATION

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WITH L&I BY WAY OF AUTHORIZATION FROM THE ZONING BOARD. WE HAVE NOT HEARD BACK FROM THEM,

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despite my repeated emails from them, but we do not believe that it would cause any additional refusals.

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So we have, as part of this, as part of the revised proviso plan, we have one, two, three, four, four pages.

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And then here's our letter of support from Ra, as well as the letter of support from the councilman.

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And then just to push up way forward, this is our notice.

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you know just to push up way forward this is our notice of refusal for ridge and again

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one of the refusals has to do with the fact that we're an RSA5 property and that we're looking to

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put a commercial component in there as well as a multi-family component in there. The other

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refusals have to do with the deck access structure and the height. The only refusal that's in any

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way a dimensional one is the rear yard depth. But as you can see from the irregular shape of

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you can see the regular shape of our lot. That's the reason why we have the dimensional refusal.

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okay thank you any questions from the board no no no anyone else to testify in this case if so

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please raise your hand at this time chair thank you uh planning commission this is uh ronald bednar

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city planning uh ronald do you swear and affirm to tell the truth the whole truth nothing but the

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truth i do thank you ronald based on the revised plans we have no objections thank you 0889 3929

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ridge avenue my vote is yes with the proviso revised plan four pages approved today

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my vote is yes with proviso yes with proviso yes with proviso yes with proviso

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thank you we now have a reconsideration i believe and chiron you'll correct me if i'm wrong

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000886 615 north 36 street i believe it's 650 north 36 615 i'm sorry 615 north 36

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um no i thought that it was 650 north 36 is that wrong it might be right i don't know

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yeah that's correct says 50. 650 north 36th street uh i honestly don't recall any of the

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this case uh at least not at the moment and i understand that there were three no votes

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prior to this were those no votes on they weren't for reconsideration they were votes on the

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you voted no to the variance to the variance

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um if you want chair and um wait a minute i can pull up some information for you it's your call

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might be helpful i know there were three no's myself jim and tom i believe i don't know why

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we voted no not if you'd like to wait until 3 30 i can send you the supporting documents for

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the reconsideration that would be helpful okay and then sharon what if we're going to do the

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the only case at uh at 3 30. okay all right i'm sorry if anyone's confused but honestly actually

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we don't we don't know what we're doing right now all right uh okay i think we can begin with the

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first case uh zero zero two zero four three five one two parker avenue

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brettfeldman has raised his hand i will uh promoting the panelists right now sir

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i'm sorry say that again

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mr brett feldman had raised his hand i just promoted him to panelist

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thank you good afternoon mr feldman please identify yourself with the record then i'll

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swear you in uh good afternoon uh mr chairman members of the board brett feldman 1835 market

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street philadelphia pennsylvania i represent the applicant uh legacy living llc

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do you swear in the firm to tell the truth the whole truth nothing but the truth

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i do please proceed do you agree to wave the reading of the refusal and stipulate to its

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accuracy i do have you also emailed an exhibit packet with the required documents consisting

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of proof of ownership proof of tax compliance copy of the refusal or referral photos and plans

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five days prior to this hearing and have you met with the rco and did you get a letter

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yes to all we have a letter we also a letter from the district council person and we also have

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revised plans I believe there are two or three pages and with the proviso form that we would ask

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that the board approve if the board approves this application thank you you may proceed

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uh that the board approve if the board approves this application thank you you may proceed

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thank you if i may i'll share my screen

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can you see my screen now

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yes we see the desktop now your exhibits are coming up okay thank you here

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the setup I didn't realize we were number one um so could you make those a little bit larger

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please yeah hold on here

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Mr. Feldman, if you want the 45.8% up at the top, if you could just enlarge that to maybe

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100.

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See how we do.

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That's good.

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Okay.

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That's better.

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Thank you.

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Okay.

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Yeah.

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And I'll move it around as we go.

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I'll get right to this one.

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I represent the Applicant Legacy Living LLC, Principal Doug Pfaff.

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We also have our project architect, Rustin Oler, who should be on the line as well.

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And then we have our engineering consultants.

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This is a project in the Ridge Park neighborhood of Philadelphia off of Ridge Avenue.

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It's been about a year and a half in the making with extensive work with the streets department planning, the community, as well as the district council person.

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And it also involves a city council ordinance.

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So that's actually been approved already.

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So there's been a lot to get us to this date. What we're basically doing here is we're taking four lots.

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We're consolidating them down to two lots. On Parcel A, we're creating 12 single-family, three-story townhomes.

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And then on Parcel B, there's an existing home.

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So you have in front of you your exhibits, Exhibits 1 through 15, which involve, including

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among other things, all the photographs, but as well as our letter of support from the

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councilperson, as well as the letter of support from Ridge Park Civic Association.

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So let me go to the pictures.

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this is this is the site itself you can see here in the blue off of Ridge Avenue which is right

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here and this is a good photograph to give you a sense of what it is so there's this

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parker avenue which is right here um and it continues on as a paper street uh where that

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where that hydrant is and what working with the streets department and that's our site the green

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you see in front of you working with the streets department and planning and the council person

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parker street is a paper street uh we have that stricken um so we'll be creating a condominium

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here with the 12 homes on the site. And almost all the refusals that you see here are all because

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of instead of us, we initially tried to have Parker Street extended. We would have homes on

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the right and homes on the left. The streets department did not want to take ownership and

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have to build a new street. So we're taking that on our own. And as a result, need to create a

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condominium, a PUD for this property. So it's treated as if it's multifamily, but the homes

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are traditional single-family look and feel, and that's what created the main refusal for

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multifamily. If we had been able to just subdivide this and create the homes on the street, most of

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the refusals that you see would not have been in front of you, but that was part of an extensive

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of discussion that we had with all the different city agencies in the community.

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And then I'll just get, you know, here's some of the posting photographs here.

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Refusal.

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Let me go right to, this is the letter of support from the community.

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Their proviso was no roof deck, and you'll see that on our revised plan.

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letter of support from the councilman, but I'll get right to page 34, which is our

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rendered site plan here. And this is really kind of the best way to see it. At the top here is

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Parker Avenue. We're going to be creating this street below, as I mentioned, and then you have

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the homes six on the right, six on the left here with a.

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Six on the right, six on the left here with a drive aisle that accesses rear parking for each one of these.

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And then another drive aisle curb cut that accesses parking in the rear of these homes.

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So that gets you to 12 homes here.

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And then this is the other lot where there's one home that remains.

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It looks and feels as if it's just, you know, fits right into the neighborhood, a single family.

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But this is actually on one lot. And again, that's that's why you have the multifamily refusal and some of the dimensional refusals that you'll see.

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Looking at the elevations, you know, here are the elevations, you know, nice, high quality materials, three stories we've removed.

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And on the revised plans, we've removed the roof deck.

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There's a balcony area atop atop the second floor at access by the third floor, which is in negotiation with the community.

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And I'll just take you through some of these additional floor plans.

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Again, the parking is in the rear for these homes.

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So there's ample space for the homes, three stories.

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And then we have the revised plans.

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Rustin, as a project architect, are you on the line?

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It's been a lot of talk.

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Do we need Rustin?

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I don't know if we do or we don't.

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And I just, you know, I don't know if there's anything else.

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