civus
Hearing video

ZBA Hearing - June 5, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Jun 5, 20245h 26m

We were advised on May 9th that they no longer wanted to continue.

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staff advised on the 14th of May that a letter needed to be submitted. To my knowledge,

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there has not been a letter submitted. Thank you. Thank you. So this is the second listing. We do

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not have any documents. So MI 2023-003-791-722 North Shedwick Street, I vote to dismiss.

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Thomas Holloman, my vote is to dismiss.

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the Baron Leonard Palmer my vote is to dismiss thank you so we're going to go to um number three

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first MI 2023 003 792 7320 Montour Street uh Yosef and Samala Sama Algal are the applicants

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pro se. This application is for the erection of a second story addition to an existing accessory

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structure in the rear of the property as shown on plans. The maximum height of a private resident

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garage is 10 or 15 feet, depending on the roof type, whereas a height of 24 feet is proposed.

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They've been promoted to panelist, sir.

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Hi, could you please state your name and spell it for the court stenographer?

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Hello?

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Yousef, last name ending in A, could you please speak to the chair?

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Speak to the chair.

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You just muted yourself, sir.

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Can everyone hear me?

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Yeah, I can.

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Yusuf, could you please state your name and spell for the court stenographer?

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My name is Yusuf Al-Ghali, spelled Y-O-U-S-U-F.

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Last name is spelled A-L-G-H-A-L-I.

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Right.

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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 please turn to your video one?

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Thank you.

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Mr. Holloman, our board member, has a few questions for you.

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Good afternoon, sir.

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Good afternoon.

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Did you email all the exhibits and documents as required five days in advance to this hearing?

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I did.

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Thank you.

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Please proceed and share your screen.

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So this is an application to elect a left or second story to our existing data.

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sir sir sir hold on you have not shared your screen yet we don't see your screen

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we see you but we don't see your here you go it's coming on now thank you okay thank you very much

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so there's an application um there's an application to erect a second story or

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loft to an existing detached garage um we have emailed all of the exhibits

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um for this in advance we met with the rcu earlier so i'm just um sharing the exhibits from

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that i've um already emailed okay

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so why don't you start sharing your documents go ahead

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so this first is the um refusal

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and it basically was refused because the private residence garages and carports

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with flatter shed roofs are subject to a maximum height of 10

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and gable or e-proof uh subject to a maximum height of 15 feet

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and we are proposing 24 feet

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So, sir, let me ask you this.

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Is this garage already built?

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The garage is your proposition.

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The first floor of the garage is already built.

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It already exists.

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We are proposing to add a second floor to it.

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Okay, good.

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Thank you.

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Let's see your photos.

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So this is an aerial photo of the property.

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This is the house.

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It's a twin.

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The garage is here at the back.

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This is the zoning map of the property. It is zoned as an RSC3.

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And just quickly show you the view from the street. So this is the house in the front.

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This is the garage in the back. And then this is the view from the driveway, the gate at the house.

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This is the garage right here at the back.

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So you have a small part here, you have a grass area, you have all of these and the garage is at the back.

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This is the plan that we submitted to L&I.

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That shows the property, so the sidewalk, there's a first story, covered porch.

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this is the single-family home, this is the patio at the back, and then this is the grassy area,

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and then the garage is all the way at the backyard. So we have about 42 feet between

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where the house is and where the garage is, and we're just basically asking to increase

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the height of the garage so this is examples of within the neighborhood

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that's as similar to story garages this one is on Claridge basically this

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house there's a two-story garage in the back this one is on Codman Avenue the

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house in the front there's a two-story garage in the back and basically some blare there's

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a house in the front and there's a two-story garage in the back so we're not asking to do

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So we're not asking to do something that has not been done before.

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something that has not been done before

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And this is basically the photos of my property in the front and this one in poster that was taken.

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Yes, sir.

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So what happened when you went to the RCO meeting?

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We went to the RCO meeting and we got a support of, there was a vote taken.

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There was an 11 to 4 in support of it.

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And we had that meeting on February 8th.

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And you have a copy of that letter?

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I do not have a copy of the letter.

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They never sent you a letter with the 11 to 4 vote?

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No, they never sent me a letter with the 11 to 4 vote.

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But it was also recorded in the neighborhood newspaper that we had the meeting.

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The address is still, it's there, and that it was an 11 to 4 vote.

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And do you have a copy of that news article?

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I do have a copy of it.

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So let me ask you this question while we're here.

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What's the purpose of putting the second floor on?

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It's just to serve us.

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So my wife works most times.

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She works late between 6 and 9 o'clock where the work she does, she does adoption consultations for a lot of people.

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And over recent years, we've had run into problems because that's also usually conflicts with like dinner time around the house, bath time around the house.

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We have two young kids.

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And so it's kind of...

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You're looking to create an office on top of the garage?

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Yes, I'm looking to create an office space on top of the garage.

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Questions from the board?

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No, Mr. Chairman.

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No questions, Chair.

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Questions or comments from our attorney, Hillary Emerson?

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None 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 hands mr chair planning commission sir ron bednar city planning

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first name ron r-o-n last name bednar b-e-d-n-a-o right do you swear a firm to tell the truth the

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whole truth and nothing but the truth i do please proceed ron uh the property is indicated for

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residential use on the city plan the adopted district plan comprehensive plan recommends

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no change in existing zoning at this location.

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The applicant's hardship is not supported

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with evidence of unique physical circumstances

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or condition of the property

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that would prevent it from being used

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in conformity with the code.

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Representing an overuse,

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therefore we recommend the request

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for variance not be granted.

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Thank you.

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MI 2023-003-792-7320 Montour Street,

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I vote no.

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Thomas Holloman, my vote is no.

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LeBaron Leonard Palmer, my vote is no.

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Thank you, sir.

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Thank you.

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Okay.

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Number four, MI 2023-004-268-6600 Lansdale Avenue.

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Murr the Fairlegger is the attorney.

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There's a letter of opposition from the Neighbors of Overbrook Association Zoning Committee.

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Seven opposed, three support.

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Applicant provided a letter of support from LA-21 CDC,

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along with a petition of support signed by 31 neighbors.

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They will be rejoining as a panelist shortly.

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Okay.

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Chairman.

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Good afternoon, Council.

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

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Sure.

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Sure. Meredith Ferliger, F-E-R-L-E-G-E-R.

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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 and relationship to this property?

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Sure thing. My client is right on Time LLC, which is the tenant of the property, represented today by Nicole Richardson.

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And Mr. Holloman has a few questions for you.

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Good afternoon, counsel.

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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 agree to waive the reading.

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I do not stipulate to the accuracy.

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I will address that the use category listed is incorrect.

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Okay.

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Did you email all the exhibits and documents as required five days in advance?

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Did you email all the exhibits and documents as required five days in advance to this hearing?

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Yes, I did. Thank you. Please proceed. You're sharing your screen now.

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Great. Good almost evening, Mr. Chairman, members of the board. As I mentioned,

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my name is Meredith Ferliger with Delworth Paxson. I have the pleasure of representing

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Right on Time LLC, which is a tenant of the property represented by Nicole Richardson.

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We're here today with a request for a special exception to expand an already permitted use of

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the property at 6600 Lansdowne Avenue. As the Board will quickly gather, this request is

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coincidentally somewhat similar in use to a case that you heard at the end of the 2PM list,

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but yet substantially different as it pertains to critical pieces of evidence this applicant

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will produce to establish entitlement to a special exception. This particular request,

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as it relates to this property, stems from the often challenging task of identifying one specific

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use category that fits a unique commercial use, such as the one that will be presented before

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the board today. The proposed use is for a combined community center and event assembly

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facility. The community center is by right and already in operation at this location,

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while the event assembly facility use requires a special exception. Importantly, unlike the case

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you heard on the 2 p.m. list, this case is a slight expansion of an already existing use

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versus an entirely new use of the space. Exhibit 4 shows that Ms. Richardson's lease

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at 6600 Lansdowne Avenue covers unit one which is the first floor space which is right at the

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corner of Lansdowne Avenue and North 66th Street. The space in question is roughly 1200 square feet.

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To first orient you to the property the board may refer to the aerials included at Exhibit 10.

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As noted this new construction building sits at the corner of Lansdowne Avenue

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and North 66th Street. Lansdowne Avenue is to the north, and North 66 is the cross street.

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This is a commercial mixed-use building with three residential units above the ground floor

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commercial space. Attached to the corner property are three other new construction projects with

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multifamily dwellings. On the zoning map at Exhibit 9, the board will notice that this area

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is predominantly multifamily in nature

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with corner CMX2 commercial zoning designations.

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The property in question is zone CMX2,

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which requires a commercial use along the ground floor.

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Moving to the photographs at exhibit 15,

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the first photograph is a view

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from the Lansdowne Avenue frontage.

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And again, it looks like it's one combined building,

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but this is actually four separate buildings.

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The next view shows the then-unfinished condition of the building, which shows a view from the corner of Lansdowne and North 66.

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The board will take note of the accessible ramp leading to both front entrances of the building.

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The separate entrance to the commercial space is shown here on the left-hand side of the photograph.

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A second entrance and exit to this space is also available in the rear of the commercial space along a rear 15-foot wide shared driveway, which you can slightly see in the aerials in the back here.

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There may be another view. Yeah, you can see it here. So this is 15-foot shared driveway that runs along the back.

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Where this photo shows the wooden boards are now completed windows along the North 66th Street frontage.

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We've included additional photographs showing views west along Lansdowne Avenue,

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as well as the opposite direction showing the eastern view and the intersection.

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The corner opposite this property contains a takeout deli of sorts.

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On the opposing corner from Lansdowne Avenue, in this photograph here, there is a bar and a restaurant at 6601 Lansdowne Avenue.

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And just for context, that bar is across the street from the property here.

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and again directly across the property from 66th street you see the deli on the right

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and on the left hand side there is a family medical office

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This view is taken directly diagonal from the property in question.

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