civus
Hearing video

ZBA Hearing - August 10, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Aug 10, 20224h 29m

And do you adopt it as your own testimony?

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Yes.

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and you also heard uh about the you know uh you personally distributed that petition and met with

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the the neighboring property owners right correct and you know they were fully in support of your

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project right correct okay and you attended the meeting the community meeting as well from the

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coordinating or co right correct yes sir and they were in support as well yes sir and some of those

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individuals were actually the same members of the community that you met that signed the petition is

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that correct yes thank you questions from the board no mr chairman no mr chairman questions

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or comments from the virtual audience chair i see no heads at this time hi planning commission

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thank you sir mr chairman members of the board david effecto city planning commission

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The comprehensive plan recommends no change to the residential single-family zoning at this location.

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The zoning archives show that this property has a well-documented history as a single-family home.

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This is a solidly single-family block, and there is no unique physical condition of the lot.

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It would prevent it from being used in conformance with the zoning code.

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The City Planning Commission recommends that the Board deny the variance for three dwelling units.

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MI-2022-002-547-1314 South 46th Street, I vote no.

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Thomas Howellman, my vote is no.

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Ishmael Shaheen, my vote is no.

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Mr. Nachamson, you're on the next case to MI-2022-002-277-1610 Swain Street.

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recommendation of support from the united francisville civic association

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applicant provided petition of support by signed by 19 neighbors an applicant submitted 14 form

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letters of support from neighbors on the 1600 block of swain and olive street

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hi mr chair this is tanya um i just if it's okay i would respectfully state

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that Board Member Snell is now here

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for this particular case.

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Thank you.

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I appreciate it.

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Mr. Nockamson?

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Yes.

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Just state your name.

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You've already been sworn.

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Alan Nott.

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Could you identify your client

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and the relationship to this property?

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Yes.

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The owner of the property is John Jones.

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Our Board Secretary

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has a few questions good afternoon mr mackinson do you agree to waive the reason of the refusal

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and stipulate to his accuracy i do did you email all the exhibits and documents as required such

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as the proof of ownership tech clearance copy of the refusal or referral pictures of drones of the

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property within five days in advance of this hearing and did you meet with the rco and do

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And did you meet with the RFCO and do you have a letter?

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Do you have a letter?

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Yes, in all respects.

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Yes, in all respects.

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Okay, please proceed and share your screen.

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Hi, can everyone see my screen?

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Oops.

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Yes.

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Hi. So I'm here to present 1610 Swain Street. Again, we'll go over the noise refusal, the correspondence we received from the coordinating RCO, as well as a petition and letters of support we received from nearby neighbors, maps of the area, photographs of the property,

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our plans and drawings, our RCO meeting notice, our application for appeal, our deeds department,

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and our certificate of tax credits. Mr. Jones has been living this property since 1998,

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and he's in a virtual audience, and he can answer any questions the board may have about this matter.

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So first things first, this is an RM1 property. It's an undersized lot, and he's trying to do

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the bare minimum for R1 property to just have two units here in the existing structure. So Mr. Jones

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wants to remain in this neighborhood in Francisville. He's been there since 1998. And the way that he

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hopes to do it and retire respectfully is to convert this into a two-unit dwelling where he

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would live in one of the units as owner-occupied and then rent out the other units so that he can

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afford to retire in this property in this neighborhood so that is the only refusal that

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he has is the use of the property again this arm property so he did meet with the community

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they did unanimously support it at a well-attended meeting there are 10 individuals who stated yes

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and then we you know he you know these are his neighbors he lives there now

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And as you can see, everyone that we're showing here is in close proximity to the project or to the property. He's in green. All of his nearby neighbors are either on his side, across the streets. There's a few on Fairmont Avenue.

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and then this is the backup of the petition which shows that his neighbors aren't fully supportive

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of him uh you know again even during the community meeting you know it's a very close-knit uh block

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uh you know they appreciate the fact that he's retiring uh that he wants to remain on the block

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and rather than sell his property he wants to have this as a two unit dwelling where this is

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you know and then again you can just see the petition along with the letters to support

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and again it's everyone that closed box submitted to this product

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and then again uh you know basically between brown down here is fairmont versus commercial corridor

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we're between 16th and 17th and there's a small these two small street hollow and swaying um

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mr you know my client has been living this property for some time and then here is just

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a better example showing the commercial portal program on avenue see there's a bus route here

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as well as here and then photographs and property um there are going to be two entrances for this

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property uh which you know uh was which the community appreciated one for each unit

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and then here it's not uncommon obviously this is a r1 property to have nearby uh you know

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multi-valley here so 1608 swain street is an example next door and then here's swain street

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to the right of the property swain street to the left of the property and then our planes and

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drawings. As you can see, all we're doing is inserting a second door for the other unit

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that would be created. And then what you can see here is that there's two bi-levels. There is for

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the first floor and lower level is one unit, and then the second floor and the third floor is

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another unit. Unit number one is one bedroom, two bath. Unit two is a two bedroom, two bath.

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Originally, Mr. Brown will be living in the upper unit as he ages.

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He believes that he'll move down to a lower unit too, you know, so he doesn't have to walk his big steps into the second or third of course.

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And then here's our community meeting notice.

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uh it was sent on june 29th uh for july 13th community meeting at 6 p.m 135 addresses were

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It was sent on June 29th for July 13th.

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the community meeting and six

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notified of that meeting there was the addresses approval of mailings those addresses for applications

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for appeal project information form for detailed property showing that mr brown has been moving

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that property uh for some time excuse i keep saying ground mr jones sorry um and

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our certificate of tax credit showing that mr jones uh is in good standing with the city

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uh with that being said i'm sharing my screen i would ask that mr jones

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uh virtually uh raised his hands so he can adopt the testimony he can take any questions

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could you state your name and spell for the court reporter

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john h jones j-o-h-n h middle initial j-o-n-e-s thank you do you swear or affirm to tell the

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truth the whole truth and nothing but the truth i do proceed counsel oh yes mr jones you heard

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everything i stated today you heard did you hear everything i stated today yes i did is it true

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correct absolutely yes and do you adopt what i stated as uh as true correct and and um yes i do

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okay questions from the board no mr chair questions or comments from the virtual audience

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planning commission thank you sir mr chairman members of the board david effecto city planning

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commission the comprehensive plan recommends no change from the residential multi-family zoning

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at this location. Francisville's zoning maps were changed in 2018, and the zoning on this block was

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left unchanged. This lot appears to be approximately 6% smaller than required by the zoning code,

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and so since this is a minor variance that would not impact the use of adjacent properties,

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the City Planning Commission recommends that the board grant the variance for two units.

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Thank you. MI 2022-002-277-1610 Swain Street. I vote yes.

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Thomas Holloman, 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.

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Thank you, Mr. Nockmson.

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Number four, MI 2022-002-535-2104, Nordane Street.

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Sean Whalen is the attorney.

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letter of non-opposition from the center city residents association

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mr whale is coming back it is a panelist now

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sorry um yes i was gonna say can you call um 13 oh yeah i will yep i'm gonna do that and

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um mr mr whalen um advised me that he may want to go in a different order than they're listed

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just so that they it makes sense for the pro for the different projects we're going to call them

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all together right yes and then he'll go in the order that makes the most sense for the projects

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thank you number 13 mi 2022 002 388 516 south 21st street

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and mi 2022 002 387 518 south 21st street

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mr whalen good afternoon chairman bergman hi could you state your name please and spell for

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the court reporter certainly sean whalen w-h-a-l-e-n here on from vintage law here on behalf

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of 21 dennis with two n's llc that's the owner of the property right do you swear for him to

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tell the truth, the whole truth, nothing but the truth? Yes, I do. Our board secretary has a few

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questions. Yes, good afternoon, counsel. Good afternoon. Do you agree to wave the reading of

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the refusal and stipulate to its accuracy? Excuse me, one minute, Ishmael. Sean, what case are you

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starting with? Okay, I'll separate them out. Thank you very much, Ms. Emerson. I'm going to start with

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50 516 that's 516 south 21st street okay yes i agree to waive the reading and stipulate to

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the accuracy of the refusal for that okay did you email all the exhibits and documents as required

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through for ownership tax clearance with copy of the refusal or referral uh pictures

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ownership tax clearance a copy of the refusal or referral uh pictures of draws of the property

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within five days that is carrying did you meet with the rco and do you have their letter uh yes

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to all of your questions for 516 south 21st street okay thank you so much please proceed

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and share your screen all right thank you very much

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Chairman, can you see my screen?

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We can.

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Okay, so we are presenting today on behalf of 21 Dennis LLC.

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You can see South 21st Street right here, Nodane Street right here, and Rodman Street.

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These are three existing lots.

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There's no change in the lots.

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There's an existing single-family home at 516, an existing 100% lot coverage home at 518,

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and a roll-up garage at 2104 Naudain.

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These are, as Ms. Emerson and I worked out,

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these are three separate properties

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with three separate applications.

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They are related by owners and connected parking,

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which I will walk through,

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but that's why we're handling them each separately

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because there are separate refusals

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for each of the three parcels.

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So again, the one we're talking about right now

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is this one in the middle 516 south 21st street mid-block property on south 21st street

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here it is right here existing single family home which we are intending to demolish and

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replace with an existing single family home again you can just see that's an ordain property there

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that we'll get to, 518 that we'll get to, and then this short property here is 516 South 21st.

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All of these properties in 516 South 21st included our RSA 5 single family home residential

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zoning. We are maintaining that zoning. We're not making any change or asking for any use variances.

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uh here's a quick zoning plan for 516 so you can see here's uh south 21st street and this is

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rodman street 2104 naudane goes up this way block to block here's the corner property at 518 that

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we'll get to here's the proposed house at 516 with an entrance there is existing which i'll show you

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in a minute, an existing front-loaded parking garage with a curb cut onto South 21st Street.

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That is the only one on South 21st Street at this block. It very much breaks up the block

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and inhibits the dedicated bike path along South 21st Street. So South 21st Street will have

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one off-street accessory parking space. So you will hear basically just as a function of L&I

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review uh although there's no error in it just the way it happens um this off-street parking space

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gets noted as a refusal on the other two properties or sorry on the nardane property but not on 516

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south 21st street so here's the context this is 516 right here you can see this kind of

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cavernous front-loaded garage, how it breaks up the entire frontage. And even on the next block

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down, there are no similar front-loaded garages like that. So this is a prior non-conforming use

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that we are intending to bring back into conformity with the code. Again, this just

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gives you another shot of what it looks like looking up the street. This is a rendering of

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two homes that we'll be building so here would be 516 on the right and 518 on the right or on

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the left rather and here's what they would look like in context so you can see they would have

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a stoop matching the street and would be fully contextual so as we go forward just quickly here

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here again that cavernous front-loaded garage has a setback front door 518 the front door is right

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there both of which are anomalies on the you know from the stoop nature of virtually everything else

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in the neighborhood so again we have these uh non-conforming properties you can see here's

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just another shot of uh and a wider shot of how it looks going down and you can tell that that's

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that's a pervasive look and the stoop throughout the neighborhood

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so again we have one refusal that's because we're seeking to build 41 and a half feet

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That's because we're seeking to build 41 and a half feet in height instead of the allowed 38 feet in height.

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in height instead of the

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This is caused through a number of situations.

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Oh, and I should mention quickly before I forget, we did meet with Center City Residents Association.

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We had a meeting where we presented all three projects.

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um here's 516 right here in the middle and they voted not to oppose this request at the first

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hearing 518 they also voted not to oppose at the first hearing without any changes there are no

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provisos or revised plans for this project uh 2104 was originally there was some opposition to it so

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we we worked with the neighbors and met with the community again and uh we do have a letter of

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support for that one also. So we have a letter of non-opposition. So we have non-opposition

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on all three projects from CCRA. So again, what we tried to do here, looking at this globally,

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and I won't belabor the point as I move on to the next properties, there's an existing curb cut

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here. This property at 518 is 100% lot coverage. Both are prior non-conforming uses. There's also

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an existing curb cut here on the south side of Naudain. That is, again, an anomaly. It breaks

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up the street. It's the only curb cut on the south side of Naudain and takes away from street parking.

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So the global approach in working with CCRA, the community, and the neighbors,

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which this was actually a very collaborative process to make sure that you know the community

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got got things designed the way they wanted was a we'll have three off-street parking spaces

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