civus
Hearing video

ZBA Hearing - August 31, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Aug 31, 20227h 0m

dispute with his you know their testimony and i see the petition where there are a lot of

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local neighbors who didn't attend the meeting that support his proposal my one concern is

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I see on the multiple listing service that this house has been put up for sale since we had that

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meeting so is your client actually going to if granted the variance go through with what they

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want to do for the building or are they just trying to sell it sir sir we you can't you can

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give us your comments about it you can't ask questions of the okay well my concern is if this

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is granted it appears that perhaps they're trying to just resell the property having gained the

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variance. Thank you very much for calling in. We appreciate your comments. I do not believe that's

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intent here. I think it's more likely that if they were unable to get a variance and use it in

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a way that would make sense for their finances to renovate the property, they were more likely to

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so i wasn't aware that it was placed for sale on mls is there anyone else in the virtual audience

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who has comments about this case

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i see no hands at this time too planning commission thank you chair bergman ian hegarty

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for the philadelphia city planning commission board members the conference of plan recommends

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no change to the existing rsa 5 single family zoning at this location which has been in place

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since 1980. This is one of four similar three-story structures, all of which were built

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as single-family homes and have no record of multifamily use. We don't feel the applicant

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has presented evidence of unique physical conditions of the property that present a hardship,

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but is instead relying on an economic hardship argument for the use variance. And so the City

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Planning Commission recommends that the Board deny the variance. Thank you. MI 2022-002-382-1246

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Marlboro Street. I vote no. Carlton Aaron. My vote is no. Thomas Holman. My vote is no.

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Ishmael Shaheed. Yes. Ishmael Shaheed. My vote is no. Thank you counsel. Thank you.

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number 15 mi 2022 002 571 2305 north re street um henry clinton is the attorney

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letter of support from nars square community alliance

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good morning again mr clinton um you've already been sworn could you identify your client

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and the relationship to this property sure my client is leo oslovic ios i l e v i c h and he

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is one of the principals of the llc which owns the property and he is on the call our vice chair has

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a few questions.

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Mr. Clinton, do you agree to waive the

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reading of the refusal and stipulate to

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its accuracy? I do.

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Have you emailed the exhibit packet

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with proof of ownership, proof of

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tax compliance,

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a copy of the refusal or referral,

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photos under plans of the property,

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five days in advance of this hearing,

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and have you met with your RCO, and do you have a letter?

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I do.

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All to the...

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Okay, you may proceed

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and begin to share

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your screen good morning mr. chairman

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Good morning, Mr. Chairman, members of the Board. I'm here on 2305 Reese Street. The

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presentation package before you contains two other properties, but we're going to concentrate

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on 2305 North Reese Street. With my presentation package or table of contents containing exhibits

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AA to A10, which I ask be admitted into the record, appearance statement, refusal. Refusal

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concerns, two issues. One is a use issue and the second is a dimensional. The use is this is an

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RSA 5 zoning district and we're asking for a two-family dwelling. The dimensional variance is

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the minimus as the occupied area is 81% and the requirement is 75%. So we are six percentage points

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off. Excuse me, I was showing you the wrong refusal, Mr. Chairman, my apologies. Because

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there's three properties in this package, I was referring to the wrong property. So this property

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is 2305 North 3th Street, and there's a single refusal. We do not have any dimensional refusals.

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It's a refusal because the proposal is for a two-family dwelling, and this is an RSA 5 zoning

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district. We did meet with Norris Square Community Alliance concerning 2305 North 3 Street and they

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did issue a letter of support. What was important to them is that they believe that this may spur

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some development on this particular block. As I will show you, there's many vacant lots on this

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property and on this block. You can see property currently, areas currently a bit empty and it

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could spur new development. The other thing is my client has committed to sell these units

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and I know that may not have any impact with regard to the planning commission, but to the

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neighbors it is because having homeowners in the neighborhood is a plus as opposed to having what

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some neighborhoods consider renters, which will not give stability to the neighborhood. This is

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the 2300 block of North Reece Street. You can see that virtually the entire western side

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of the block is vacant. Some property owners are using the open lots for parking vehicles and

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a small mobile home. But on this side of the street, the west side of Reece Street,

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basically there's no development whatsoever.

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again here is a photograph this is looking south just to give you a perspective of what's happening

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on the west side of reese street there's a large building at the corner which is multi-family

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but you know granted most of the properties on this side are single family but there are no

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homes to compare that against on the western side of reese street i'm going to move you to

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the plans. This is the plans for the property. The basement of first floor would be one unit.

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Second and third floor would be another unit. It would be open space for the owner of the unit on

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the basement and first floor in the yard. And the second and third floor would have access

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to a rooftop deck for their open space. The front would be composed of brick,

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party board siding which is compatible with the neighborhood and which was well accepted by the

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neighborhood we have no dimensional variances in terms of height occupied area open space

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or rear yard as there is an ample rear yard

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the rest of the documents are the as i say typically at the presentations the pro forma

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documents that one would see in a zoning application, our notification to the neighbors,

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our applications for appeal, our tax certifications, which are intact.

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And again, the zoning map for Reed Street, one of the other factors that may persuade the board

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and did persuade the neighborhood is on Dauphin Street. All the homes at front Dauphin Street

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are either RM1 or CMX2, and our property is literally one lot in. So when I showed you the

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photographs of North Reese Street on the west side, a lot of that vacancy actually fronts on

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Dauphin, but it does affect the use on Reese Street. Again, the deed and the other documents

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that were previously submitted to Ms. Emerson.

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So with that, I'm going to ask

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that the board will kindly apply this application.

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that the board look kindly upon this application. It's a long vacant lot on a block that has many,

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It's a long, vacant lot.

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many empty lots, which is in need of development. I think that's recognized by NARA Square.

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Certainly if other projects come before NARA Square, they certainly can elect to change their

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mind as to whether they want to permit additional multifamily. But sometimes you have to spur

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development with not necessarily what the area is owned for. So with that, I would rest and

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ask that Leo please raise your hand and be unmuted last name is Isilovich Mr. Isilovich you can unmute

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yourself or wait for the chair please Leo just state your name is spelled again you've already

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been sworn hey my name is Leo Isilovich uh it's spelled l-e-o for the first name and last name is

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I-O-S-I-L-E-V-I-C-H.

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Good to see you, Mr. Clinton.

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Mr. Solovich, were you on the call when I presented your project to the board?

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Yes, I was.

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And just one question, is this property, this project going to be developed for sale for residents of the community?

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That is correct.

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and you also have one member of your llc who has agreed to assist with helping individuals become

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qualified to acquire property like this yes and if you had the opportunity to testify would you

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adopt my testimony as your own and as true and correct i do thank you thank you questions from

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the board questions from the board no mr chair and mr chairman questions or comments from the

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virtual audience chairman we have sloan folks with his hand up mr folks you can unmute yourself or

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Wait for the chair, please.

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Good morning again, Sloan Folks, Office of Councilwoman Maria Quinones-Sanchez.

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Good morning, Mr. Folks, you've already been sworn.

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Yes, sir.

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Thank you, sir.

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The applicant, accordingly, in having met with the coordinating RCO, NSCA,

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and receiving a letter of support from them.

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Councilwoman offers no opposition to this request.

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Thank you.

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Thank you very much.

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Is there anyone else in the virtual audience?

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I see no other hands, Chair.

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Planning Commission.

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Thank you, Chair.

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Ian Hegarty for the Philadelphia City Planning Commission.

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In 2021, the zoning map was amended to RSA 5 on this block

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in accord with the neighborhood remapping process

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led by the Council Member's Office.

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the intent of the single family zoning designation is to encourage single family infill

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on narrow blocks such as this consistent with their historical development patterns

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the applicant has not supported the hardship claim with evidence of unique physical conditions of

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the property which is their charge the city planning commission recommends that the board

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deny the use variants. Thank you, Anne. MI-2022-002571-2305 North Free Street, I vote yes.

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Carol Tennery, my vote is yes. Thomas Holloman, my vote is yes.

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Ismail Shaheed, my vote is yes. Sorry about that, Bill.

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I... That's okay. That's okay. My vote is yes. Sorry about that. Thank you. Thank you,

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everybody. Thank you, Mr. Chairman. Number 16, Henry, stay on, please. MI 2022-002-226-3849

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Fairmount Avenue. Support from the Mantua Civic Association. No explanation.

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Thank you, Mr. Chairman. I'm here on behalf of Lefter, Dima, D-H-I-M-A. His daughter,

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Clea, K-L-E-A, is on the call because he has some language issues, but she's here on his

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behalf. That's his daughter. All right. Our vice chair has a few questions for you.

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

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I do.

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Have you emailed the exhibit packet with proof of ownership, tax compliance, a copy of the

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refusal or referral, photos under plans of the property five days in advance of this

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hearing, and have you met with the RCO, and do you have a letter?

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I ask to all of the above.

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Okay, great.

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You may proceed and begin by sharing your screen.

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Thank you.

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Thank you, Mr. Derry.

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Mr. Chairman, is that visible?

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Mr. Chairman, is that visible?

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Yes, it is.

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Yes, it is.

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But Aaron,

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Good afternoon.

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Still good morning, rather.

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Henry Clinton, on behalf of Lefter Dima, whose daughter here, will testify on his behalf.

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Her name is Clea, K-L-E-A, Dima, D-H-I-M-A.

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This property is at 3849 Framont Avenue, and I'm going to walk through the presentation

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package, which contains exhibits AA through A11, which I asked to be admitted into the

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record.

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My appearance statement, this is the refusal, obviously the key document.

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This area is zoned, this block is zoned, RSA 5.

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We have refusal because the request is for a two-family dwelling.

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And there's also an issue with regard to the open air, open space, excuse me.

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Again, I argue that this is the minimus because the requirement is 75%

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and our request is 6% in excess of that at 81%.

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The other refusal concerns the front facade of the building.

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The front facade of the building is brought out to the property line.

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There are other properties on the block that have porches,

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and because there's porches, the L&I examiner determined that this house should also be set back.

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we do have an rco letter of uh of support uh from mantua civic association and we met with them

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there was no letter of rationale but there is a letter of support i wanted to show the board

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some photographs of the block this is a view looking north again we have a situation where

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the block has a number of homes but there's also a number of vacant properties

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This is the vacant property at 3849 here in between two existing properties.

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And then as you move west on Fairmount Avenue, there's additional vacancies.

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And then across the street, directly from this property, there are additional vacancies.

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So I don't know how long this vacant lot has been here.

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Could not discern that from the zoning records.

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And during the community meeting, folks really didn't know how long it's been vacant.

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but they know it's vacant and in need of development just trying to give you a closer

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view to show you that there are some porches on the fronts of some of the properties that are

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there some of the porches are actually closed in i don't know if they're living quarters

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sometimes they're made into tv rooms or vestibules and there's a couple open porches

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this is a view looking east on fairmount avenue you can see the street is not all residential

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There's what appears to be some type of a commercial structure here.

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Could not discern what that is.

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There's roll-top gates on the front of the building and a cyclone enclosure out front for some trash storage.

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But again, you can see the vacant lots on both sides of the street.

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Here's a close-up of the existing lot.

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And as I say, the refusal is generated.

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One of the refusals was generated because the proposal was to bring the building out to the front of the property line.

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in line with the porch, not out to where the fence is on these properties, but out to the edge

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of the porch, and it would just go basically straight up.

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This is a very large lot. It's over 75 feet deep. It would be a very, very large single-family home

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if you were to have the proper occupancy

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in terms of lot coverage.

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And that's why when my client looked at this situation,

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looked at the vacant lots on the block,

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