civus
Hearing video

ZBA Hearing - January 19, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Jan 19, 20226h 51m

Okay.

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I think she put it back down again or something.

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who is here for 19 11 17 to 19 north geiger um 63 sorry thank you chair please raise your hand

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if you're for this case yes it was for me um okay miss malita ford yes i'm sorry chair i was just

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wondering who was she in respect to the case I agree I totally agree is this your case yeah so

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I'm the applicant I believe something was mixed up where they had my sister um as the applicant

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but she owns the property all right all right you've already been sworn our vice chair has a

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few questions for you sure if we can pause one moment can we um promote her Jason so she can go

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forward. Thank you. Ford has been promoted to panelists. Hi, Ms. Ford. Have you emailed the

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exhibit packet in with the required documents? Yes. Okay, then you may proceed. So my sister

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has the property and she has a pretty large space. She has a space in the basement where

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we're trying to make a small boutique style salon. We did do a community meeting and we got

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much respect from the neighborhood. Ms. Ford, let me ask you a question. Do you have documents that

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you can show that we can look at what you're trying to do? Yeah. So what exactly did you

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want me to show first? Everything that you submitted to us, can you put on the screen?

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Yes.

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Give me one second.

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Find a CBA.

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No, where's the CBA folder?

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We're going to Dropbox.

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I'm sorry, I'm just trying to find that file on here.

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we're here okay we see you

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so i have another i'm on a another device will i be able to um switch to the other device because

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I have everything better on the other device.

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better on the other device i'm also on there is um alita ford okay so chair we can move her down

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Also on there is Melita Ford.

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yeah and then go forward with the next miss ford please turn over your turn off your mute

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mute yourself and turn off your video thank you we'll come back to you all right mi 2021

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2121-004016, 2127 Gilligam Street.

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Joseph Consul is the attorney.

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We don't see an RCO letter yet.

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Mr. Consul?

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You've been promoted to Panama's.

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Hello, everyone.

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counsel did i swear you this morning did i you did we did okay just just stay your name and

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and our vice chair has a few questions for you okay cool uh joseph consul consul madison llp

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hi mr consul do you agree to wave the reading of the refusal and stipulate to its accuracy

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i do based on what we see here you've submitted all the required documents

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i have the rco letter was sent over to us this morning and we flipped it over to you guys

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shortly thereafter, so it's in someone's email line. I can pull it up, but besides that,

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everything else. That's fine. Okay, great. You may proceed. Okay. Good afternoon, everyone. Joe

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Consul again. I'm here for 2127 Gillingham Street, Unit D2F. The tenant is Juliana Mena.

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We are here on a referral. It is a ICMX slash CMX2 zoned property. She's seeking to use this

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particular space. It's 510 square feet in a larger building called Frankfurt Works.

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She's seeking to use it as body art services. It is a special exception.

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um we here's the letter i i referenced it's a letter of non-opposition uh from our meeting

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uh on january 13th which was last week with the frankfurt neighborhood advisory council

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they came forth non-opposition there's our proof of mailing

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here's photos of the space uh this space um was acquired somewhat recently by the owners

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There's five tenants or so in there now, and Ms. Mena will be the sixth or so.

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Here's the interior of her space.

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She signed a two-year lease.

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She is a body artist.

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She has a history of being a fine artist.

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Here is a top-down view of the space itself, showing the breakdown of the various units, that kind of a thing.

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site plan. Here's sort of her bio plus the layout of the studio. She'll be working Tuesday through

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Friday, five-hour window, servicing one client a day, no staff. It's going to be a private,

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just a private studio featuring her as the artist. Here's the rest of our required documents

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submitted at the end, the lease, and then the tax, there's the lease, and then the tax clearance

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certificate at the end of our packet, which is down there somewhere. There we are. And then I

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did attach more of a thorough bio for Ms. Mena at the end, which was more for the RCO, but we

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are attaching here now. She's been, she's been doing, tattooing for five years and is now seeking

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her own studio. That's the extent of my presentation. Here's a little bit of her work.

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If I could call Ms. Mena to raise her hand and adopt my testimony.

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Hi, Chair. This is the Administrator, Tanya. I just wanted to confirm that we have received

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the letter from the RCO. Thank you so much.

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Ms. Mena, are you online?

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i've been allowed to speak miss manna please unmute yourself yes hi hi miss manna could you

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state your name and spell for the court reporter yes hi it's j u l i a n n a m e n a m e n n a

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sorry okay fine do you swear or firm to tell the truth the whole truth and nothing but the truth

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i do proceed good afternoon juliana thank you did you uh hear my testimony just now

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yes i did do you adopt it as your own yes i do is there anything you'd like to add

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no thank you thank you with that we rest special exception no opposition from the rco thank you very

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Thank you. With that, we rest. Special exception, no opposition from the RCO. Thank you very much.

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Questions from the board?

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No, Mr. Chairman.

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No, Mr. Chairman.

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No, Mr. Chairman.

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Questions from the virtual audience?

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Planning Commission?

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good afternoon chair bergman david fecto f-e-c-t-e-a-u with the city planning commission

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all right do you swear a firm to tell the truth the whole truth and nothing but the truth

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yes sir i do proceed thank you sir mr chairman members of the board the comprehensive plan

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recommends no change to the industrial and commercial mixed use zoning at this location

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frankfurt was rezoned in 2014 in accordance with the recommendations of the comprehensive plan

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the applicant has shown that body art services would have no more of an impact than this type

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of use would be expected to have which is what the code requires to be shown so the city planning

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commission recommends that the board grant the special exception for body art services

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MI-2021-004016-2127-Gillicum Street. I vote yes.

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Harold Tenere, my vote is yes.

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Thomas Holliman, my vote is yes.

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James Snell, my vote is yes.

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Ishmael Shaheed, my vote is yes.

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Thank you, Board.

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Tanya, how do we stand with one?

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let's go back and see Miss Ford

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Melita are you there

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Ford are you still available it doesn't seem like she's ready yet sure you can continue okay

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Okay, sure. MI 2021 004357 2713 Livingston Street, Rachel.

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Councilman's School, letter of non-opposition, letter of non-opposition from Old Richmond Civic Association.

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Mr. Chair, Mr. Brandon Severin has been promoted with your panelists, sir.

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Sure. And Mr. Chair, I think we're hearing five and six together.

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Okay. MI 2021-004-358-2715 Livingston Street.

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Hello, Mr. Chair. I'm sorry. As I was promoted to panelists, my sound cut out for a moment.

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I am the attorney for this. Rachel Pritzker is my colleague. I'm stepping in for her.

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Sure, great. State your name and spell for the court reporter.

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Sure. It's Brandon Saverin, B-R-A-N-D-O-N, S as in Sam, A, V as in Victor, R-A-N, and I'm with Pritzker Law Group at 1521 Locust Street, Suite 605, Philadelphia, PA, 19102.

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

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Yes, I do.

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Our vice chair has a few questions.

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Hi. Do you agree to avoid the reading of the refusal and stipulate to its accuracy?

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Yes, Madam Vice Chair.

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I'm assuming you've sent in all the required documents or notes indicate that you have,

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but I just need to ask you if you have.

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Yes, we have.

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Okay, great. You may proceed.

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Does the board wish me to address these two matters one at a time,

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or I can use our architect and present both so that you can vote on them in quick sequence,

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whatever is preferred. If the architect makes it quicker, then we'll do the architect.

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Okay. So I'm going to go through both projects, both 2713 and 2315. I'll do a brief introduction

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for both. I'll then let him walk through both sets of plans and I'll bring on the property

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owner to adopt my testimony at the end. So let me share my screen. Okay, so I always like to start

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off when this is the case by saying that we have letters of non-opposition, both projects from the

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only participating RCO, which was Old Richmond Civic. This is the letter for 2713, and then here

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is the letter for 2715 um so that's that to give the board a quick introduction of the location

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um this behind me here is um lehigh avenue this is a very short dead end street livingston street

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off of lehigh um it only has three legal parking spaces boom boom boom on this side of the street

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No parking is permitted on this opposite side of the street and the subject two properties

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no parking is permitted on this opposite side of the street and the subject to

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are at the end of the street.

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They are currently this garage right here.

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That's number 15 and number 13, which is this row home.

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So the project proposes to demolish both of these structures and construct new single

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family homes.

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The refusal is the same for both properties.

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The refusal was obtained because we are proposing a garage for each house.

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And as you know, in the RSA 5 district, you can't have front-loaded parking.

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Hardship here is that there's no side or rear street that abuts these properties.

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And as I showed you, sort of the, you know, softening factors here are that we're at the end of the street.

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So there's no through traffic.

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I don't believe that the presence of the garage poses a safety threat from that standpoint.

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In addition, it's just hard to park on this block, given that there are other garages

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and that parking is illegal on the other side of the street.

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So really, the hardship here is we want the residents of these two new homes to be able

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to park, and it's very hard to do so if they don't have a garage, and we don't think the

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garages will pose a safety threat.

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But so with that being said, Zemir Garcia is the architect.

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If we could promote him and he can walk you through the zoning plans for each property.

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Okay.

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Mr. Garcia has been promoted, sir.

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Mr. Garcia, could you state your name and spell for the court reporter?

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Hello.

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My name is Zemir Garcia.

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That's Z-A-M-I-R.

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Garcia, G-A-R-C-I-A. I'm with M-Architects, 4590 Main Street, Philadelphia, PA, 19127.

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

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I do.

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Proceed.

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Samir, before you start, would you just answer one question from me?

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Is it true that we will be eliminating one existing garage, as shown here?

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and um our plan which you'll go through now um will um retain uh one on-street parking space

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so effectively we're not causing a net change in on-street parking is that correct yes that is

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correct okay with that um you just tell me when to scroll or move to the next set of plans but

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go right ahead and I'll control the screen for you. Sure. So this is the zoning plan for

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2713 Livingston. So here we're proposing a four-story building with three stories of

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residential above the garage and one bedroom on the ground floor adjacent to the garage.

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We've included, so there's a garage entry to the left side if you're facing the property on the Livingston Street.

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And then the building entry, the residence entry is right to the, sorry, to the left side of the garage.

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and then there's a breezeway which allows egress from the back residential bedrooms

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on the upper levels due to the fact that there's no alleyway at the back of the property

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and so we've created a breezeway which ends up between the two properties and it sort of expands

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that so as um brandon was saying um there because of that it's the swap with the garage um being

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split on two on two opposite sides we end up with this parking space between the two um the two

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garages so they're not taking away an on-street parking spot um the the home itself is a four

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bedrooms four and a half bath and it is maximum height 38 feet as noted in the zoning and we do

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have a larger than required rear yard um in in the in the rear of the property so zamir i'm just

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going to pause right there so i showed as you were speaking the board the front elevation for 2713

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And I'm now going to move to the front elevation for 2715 just to show the board how the garage door versus pedestrian door is flipped.

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And as a result, what you end up with is a large enough curb in front of the two front doors for one on-street space.

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Is that correct?

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Yes, that is correct.

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Yes, that is correct.

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Okay, and if you have any additional comments to make, I moved to the other property.

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Okay.

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And if you have any additional comments to make, I know we're going to go ahead and

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So I now have the 2715 zoning plan up.

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If you have anything additional to say about this property.

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So 2715, the current use as a garage is actually occupying 100% of the lot.

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um by demolishing the lot we're bringing back and and meeting the zoning requirements for

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for um an open space um the the concern here is that it is not i mean it's not a concern it's a

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it's a less than 45 foot property so it is exempt from having a required open area um

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But we're meeting seven-foot setback at the rear, creates a rear yard, and we also have the breezeway.

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So we are introducing open area where currently there is none on this property.

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And then, again, as the previous property, it's a mirror image on the front of the lot.

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And then on the side, it is shallower because the lot is only 40 feet deep.

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but um it's still also a four bedroom um four and a half bath uh four story structure

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with garage on the ground floor and a bedroom on the on the ground floor as well

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thanks damir um does the board have any questions for this witness

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no thank you okay um with that i'd just like to bring uh the property owner on to adopt my

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testimony and then i will rest um his name is rob robertson

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