civus
Hearing video

ZBA Hearing - August 10, 2022

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

Okay.

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Yeah.

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All right. Then I will just jump into it.

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And, Mr. Shaheed, I will state for you, assuming you're still on, that, yes, I agree to waive the reading of the refusal and to stipulate to its accuracy for 2104 Naudain Street.

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Thank you.

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Proceed, Mr. Wagner.

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No problem. I will. I just had too many notepads in front of me.

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Okay, it's okay. It's okay.

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I was about to tell you again about 518. I didn't think you wanted to go there. So 2104 Naudain. Again, this is the block to block. The street frontage is technically on Naudain Street, which is a consistently built out frontage.

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This lot has, as we'll see in the photos, a front-loaded garage.

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That is the only front-loaded garage on the entire block of the south side of Naudain.

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The parking is also on the street on the south side of Naudain.

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And so removal of this single parking space, or excuse me, this single garage existing condition, which is prior non-conforming use, will add street parking back to the street.

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And again, there will be accessed parking from Rodman Street.

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uh so again 518 and 516 south 21st ones we're just looking at 2104 naudane goes block to block

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from naudane all the way back to rodman street immediately behind and adjacent to 516 and 518.

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this gives you a little bit better look this open looks almost like a vacant lot but it's actually

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used as a garage at the front with street access. So it has street access and existing curb cuts on

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both sides. Just like the other two properties, 2104 is in the RSA 5 zoning district. We are not

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seeking to change that. We are actually going to remove the single-story existing garage condition

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and replace it with a house in line with what's along the rest of the neighborhood.

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um so here are the other two properties we're looking at in the context i'm going to zoom in

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in a minute but here's the you can see this kind of consistent cornice line of the existing homes

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uh what the garage is this will all be removed the curb cut will be taken away

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and i'll show you in a second there will be a stoop and a conforming house here

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and then this is the rear of naudane so this big building right here will be pulled way back this

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is what is currently 518 south 21st this going all the way up through to where you can see that

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building on the other side of Nodain is the garage, and that'll all be removed. This fence

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will be removed, and this is where the rear access parking will be. So again, just to show

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the existing condition, here's the one-story garage that's going to get removed. Here's 516,

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518 that we already talked about, and here's one rear accessory structure on the property.

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so i'll walk you through um here's the proposed plan which

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i'm having a hard time seeing so i imagine everyone else's um and here's the proposed

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parking space for naudane which is fully sized here's the proposed parking space for 516

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um south 21st street again you're going to see a refusal that the parking space is too narrow

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that parking space is actually a full-size parking space the additional portion of that

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parking space will go over onto the rear lot of 518.

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so what we have is we had a similar project to the two projects that you just saw the two

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homes that you just saw on south 21st street that was originally um originally opposed by

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some of the neighbors and CCRA on Naudain at the April 27th meeting for CCRA. Again, because

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the primary issue was the height at the street frontage going up here, the neighbors wanted

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a consistent cornice line, consistent height from the public view and public experience,

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And they also wanted a flat front.

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And as you will recall, the prior houses both had extensive bays to increase the light and inside space.

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So now this is a rendering of what we are proposing.

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As you can see, it reestablishes the entire rhythm of the block.

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All the window heights are designed to match.

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We're designing it to use the same kind of window lintels and everything else, and to have that front access stoop.

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So basically, we're filling that missing tooth along the street frontage.

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And what we're seeking, don't need to walk you through those.

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So here are the refusals.

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Again, we get a refusal because we have two family parking.

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the one parking space for 2104 Naudain, and the one parking space for 516 South 21st Street.

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extends beyond that boundary line. And so the L&I's review, which is correct,

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stops at that property line, and therefore there's only seven and a half feet

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all on that property line, but there's another foot to make this a fully conforming parking space

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at that edge. And as you can see, we're infilling the existing curb cut,

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um getting rid of that returning the street to a fully pedestrian uh walkable block

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and uh through all of this we went back to CCRA after these revisions and meeting with the

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neighbors and we uh on June 28th got a vote not to oppose the project uh everyone was in favor

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of the project. Again, we're asking for the additional height. Let me see if I can get back

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to the review. So this was the buy right build that nobody wanted. And here is, sorry, this is

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the review the view that I wanted to show you so we're again continuing this line again 18 inches

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of the height added height is due to meeting these front lines we're actually matching the

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line the height along the street at 32 feet and what we did was the additional height for all the

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same reasons that we've used previously was to, was pulled back. So there's a, there's a setback

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for the fourth floor, just like you would under the code on a two-story block where you're putting

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a third story, you can put a setback. We've done the same thing here to provide all the neighbors

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that same height. So with that, I will. Why don't we have your, why don't you have client come back

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want to adopt your testimony. Absolutely. Ms. Frisch, are you still on? Ms. Frisch, please

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unmute yourself and wait for the chair. Yes. Hi, Ms. Frisch. Just state your name. You've

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already been sworn. Rebecca Frisch. Okay. Counsel? Yes, thank you. Ms. Frisch, once again, you are

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here on behalf of 21 Dennis LLC, the owner of the property, correct? Yes. And you heard all the

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testimony that I already presented in this matter? Yes. And would you adopt it as your own as true

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and correct to the best of your knowledge, information, and belief? Yes. Thank you.

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Questions from the board? No, Mr. Chairman. No, Mr. Chairman. No, Mr. Chairman.

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Questions or comments from the virtual audience? Chair, we have Michael and Gail Gizmondi.

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okay miss gizmondi please unmute yourself hello hi you've already been sworn in what's your

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question um i was just wondering um since the front door of 2104 is right beside our house

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is it possible that the steps then can match the kind of steps that we have

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so it won't be built up so so i i would say that that's something you can you that i don't think

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that has anything to do with zoning so what why don't you get a hold of the developer the builder

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or the attorney and find out that later okay okay thank you very much i would just add for

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miss kismondi that we're more than happy to discuss with her uh things like that that they

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think would improve the project i just didn't know whether it was a zoning requirement no thank you

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Any other questions from our virtual audience?

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Chair, I see no other hands at this time.

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Planning Commission.

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Thank you, Mr. Chairman.

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David Effecto, City Planning Commission.

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

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This location, the proposed access for parking from the back of the property will not impair

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the use of adjacent properties, and it appears to be a common condition on Rodman Street.

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So the City Planning Commission recommends the board grant the variance for parking

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access from Rodman Street.

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Thank you. MI 2022 002535 I vote yes proviso revised plans one page stamped by ZBA on August

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10th 2022. Thomas Holloman my vote is yes with provisos. James Snell yes with provisos. Ishmael

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Shahid yes with provisos. Thank you sir. Thank you very much chairman. May I be excused?

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Absolutely. Number five, MI-2022-003-075-2050 Welsh Road. Vern Anastasio is the attorney,

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Letter of Opposition from the Greater Busselton Civic Association.

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Ms. Anastasio, can you please raise your hand?

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Mr. Anastasio is coming back in as a panelist now, Chair.

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Thank you.

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good afternoon Mr. Chair how are you you've already been sworn could you just state your

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name for the record sure it's Vern Anastasio A-N-A-S-T-A-S-I-O right could you identify

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your client in relationship to the property yes I am the attorney for Maria Gutierrez the

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owner of the property. Okay. And our board secretary has a few questions. Mr. Chair,

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before we continue, during the proceedings this afternoon, I was advised that I do in fact need

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to ask for a continuance so that we can amend our application. Thank you. MI 2022-003-075-2050

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Welsh Road. Cases continue. Thank you, sir. Thank you. Number six, MI 2022, 002-538-2129

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North 17th Street. Merth Ferlegger.

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Chair, Ms. Ferlegger is coming back in as a panelist now.

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Hi, you've already been sworn, so could you just state your name, please?

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Sure, my name is Meredith Ferliger, F-E-R-L-E-G-E-R,

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Delworth-Paxson, 1500 Market Street, Suite 3500E.

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And could you identify your client in a relationship to the property?

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Certainly, my client today is Temple Properties LLC,

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the owner of the property that is represented here today by Rick Biddle.

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Okay. Our board secretary has a few questions.

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I do agree to waive the reading and stipulate to its accuracy.

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Did you email all the exhibits and vacuums as required, such as proof of ownership, tax clearance, copies of copies of the refuser or referrals, which is property five days in advance of this hearing?

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Did you meet with the RCO in the letter?

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Yes, to all of the above.

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In regards to the letter, I don't know if it's made its way to the board.

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The RCO did send it at about 1130 last night.

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So the first image I do have up on the screen for your reference is the letter from the 32nd Ward RCO

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indicating they're not in opposition to the proposal.

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Hi, this is Hillary.

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No, we did not receive the letter.

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So Ms. Verlager, if you could forward that to us for our records, that would be great.

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Thank you.

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I will certainly do that.

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I thought she had copied you, so I will send that over to you.

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All right. Good afternoon, Mr. Chairman, members of the board. As mentioned, my name is Meredith Ferliger, and I am here with a request for a special exception for a property located at 2129 North 17th Street. As I referenced, the owner of the property is Temple Properties, LLC.

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C. Now, this request is likely quite familiar to many others this board has seen over the years,

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so I will keep this brief. This is a special exception request, and we do have a letter of

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non-opposition from the 32nd Democratic Board, which was coincidentally reassigned to be the RCO

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after the previously assigned group had failed to coordinate a meeting.

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To give the board some brief background here, my client has owned this property since 2013.

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It was constructed around 2014.

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per apartment. In the case that's before you today, one of the apartment units is a compliant

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three-bedroom unit. However, the other two units each have four bedrooms instead of the allowable

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three. For reference, you do have floor plans from the approved building permit set in your packet

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at Exhibit 5. Now the structure itself, and I'll just bring up a photo here so that you can see

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what you're looking at. For reference, the structure itself is just over 2,700 square feet

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and has 11 total bedrooms and nine bathrooms. Each living unit has a kitchen and a laundry

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facility. The structure is fully sprinklered as it was built and approved under modern building codes

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just several years ago. Now, not to be repetitive, but just so the board understands the scale of

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this request, we are ultimately asking for a special exception for group living to permit

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those two extra residents. Nine are already permitted. Now, most importantly, this owner

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has a detailed sanitation and trash plan that was presented to the community that details both the

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trash management measures for the property, as well as the overall maintenance measures for the

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sidewalk surrounding property. As you should have noticed in the photographs at tab 14,

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this property on the corner is kept very clean and well-maintained. Now, as I move on to discuss

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the referral, I'll bring up just some interior photos so you can get a scale of how large

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these units really are. Now, with respect to the application, we did receive one referral for the

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proposed group living use. As is required by Section 303.7E.1 through .3 of the zoning code,

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the proposed group living use meets the definition of a use that is permitted by special exception

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in the RM1 zoning district and is therefore consistent with the comprehensive plan.

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Furthermore, this proposed use will not cause specific detrimental impacts to the neighborhood

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beyond that which might normally be expected from the proposed use.

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This proposed use has not and will not cause any congestion in public streets.

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The property is located at the edge of Temple's campus and is located within walking distance to several public transit spots.

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The existing occupants travel primarily via foot to campus or bicycle.

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Continuation of this use has not and will not cause overcrowding.

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As mentioned, this building is 2,700 square feet with 11 bedrooms and nine bathrooms, so one occupant per bedroom.

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The bedrooms are each around 150 square feet, give or take.

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And also, as you can see in the packet at tab 11B, and as I summarized on the exhibit list here, this immediate area is made up of many other similar uses such as two and three family dwellings, as well as a 23 unit apartment complex directly across the street.

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So this is a uniquely dense area that will be wholly unaffected by these two extra student residents.

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We assert the proposed and existing densities well in line with the history of these lots and the dense multifamily character of the neighborhood, and will therefore not cause any overcrowding beyond what would be expected from this proposed group living use.

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The use will not impair light and air to adjacent properties, as no physical changes are proposed.

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the structure is a four-story attached building that is quite uniform to the surrounding

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properties the use will not burden any public facilities as the uses are existing and the

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existing facilities are capable of supporting the proposed use this will not impair or injure

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adjacent properties which have similar or much higher densities than that is proposed

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The proposed use will not endanger public health or safety, nor is it inconsistent with a comprehensive plan.

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The area is all zoned RM1 and is specifically contemplated for multifamily residential use, particularly the 11 residents that are requested.

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This proposed use is in keeping with the impacts that are normally expected from a group living use and is specifically contemplated as an allowed use in the RM1 district.

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We therefore assert we have met all of the requirements for a special exception provided at Section 3037E.

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for a special exception provided at Section 3037E.1 through .3 of the Code,

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and we therefore asked the Board to grant our application. As noted, we met with the 32nd War

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Democratic Committee, who issued us a letter of non-opposition stemming particularly from this

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owner's documented commitment to keeping the neighborhood clean and safe. So at this time,

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I would ask the administrator to please unmute Rick Biddle to adopt my testimony.

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Mr. Biddle, please raise your hand.

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Mr. Biddle, please unmute yourself and wait for the chair.

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

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Rick Biddle, R-I-C-K, B-I-D-D-L-E.

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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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Proceed, counsel. Thank you. Rick, you are the owner of the property through your LLC, Temple Properties, LLC, correct?

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I am. And have you heard all of the testimony and information I've provided to the board today?

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I have. And would you agree that testimony was true and accurate and would you adopt it as if it were your own?

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I would. Thank you. Any questions from the board? Yes, Mr. Chairman.

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No, Mr. Chairman. Yes, Mr. Chairman. Counselor, do you have floor plans?

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Sure.

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So these were the floor plans that were, as you can see, approved by the, with the building permit.

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Let me ask you, I can't see them clearly, but let me ask you, are there any bedrooms

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adjacent to bathrooms connected together are i'm sorry are there bedrooms and bathrooms connected

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correct i believe that there are several i think there are a few ensuite

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