civus
Hearing video

ZBA Hearing - February 28, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Feb 28, 20247h 19m

Vice Chair, I see no one by the name of Chris Vitelli, but I do see someone by the name of Simon Zafrani.

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Yes, he's my second witness. I'll go ahead and call Mr. Zafrani. He is the adjacent neighbor.

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He literally owns the property right next door that has been the loan-occupied structure on this block for a very long time.

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So if you could please call him to the stand, I would greatly appreciate it.

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He's been abuted and allowed to speak, Vice Chair.

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Hi, good afternoon, all. Thank you so much for letting me speak here.

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So I've been approached by the developer.

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I think we have to put him under oath, please.

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Can you get your name and spell it for the record, please?

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Oh, I'm sorry.

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My name is Simon Zafrani.

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Can you spell it for the record?

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S-I-M-O-N, last name Zafrani, Z-A-F-R-A-N-I.

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You swear to tell the truth, the whole truth, and nothing but the truth?

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Yes.

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Please proceed, counsel.

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Thank you, Mr. Vice Chair.

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Mr. Zafrani, did you hear my presentation?

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I did, yes.

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Okay, and you are an adjacent neighbor to the project, yes?

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Yes.

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Okay, and please explain to the board your position and your perspective about what we've come up with today.

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Yeah, so I'm the only building standing in this street, actually.

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And when I came to the meeting a couple months ago, I don't remember, I believe it was back in November or December, something like this, or even earlier than that.

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we all spoke about it all the neighbors and we really wanted that development to happen

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because there was a lot of dumping trash shootings at night so if we can have

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more traffic and more neighbors and bring more people that would be great right and you've

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reviewed these plans with my client and my team is that correct yes and it's your testimony that

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you support the appeal yes thank you thank you uh do you have your client um i do i do he's my last

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uh person to call sir all right mr isaac badush if you could please raise your virtual hand

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isaac badush has been unmuted and allowed to speak

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uh my name is isaac badush i-s-a-a-c-b-a-d-u-s-h you swear to tell the whole truth

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do you swear to tell the truth the whole truth and nothing but the truth

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yes i do please to see you counsel thank you mr vice chair mr badush did you hear my

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presentation to the board this afternoon yes i did is it true and accurate to the best of your

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knowledge. It is, yes. Is it true that you work tirelessly, not only with your own team,

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but with CDR and the local community organization to get the best possible

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development for this long-neglected block? Is it true? Yes, yes. Thank you. Thank you. I know

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that was a curveball. And do you adopt it as your own testimony?

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Yes, I do. Absolutely.

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Thank you. I have nothing further.

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Sure. Counselor, I have a question. So I see you show one of the tax clearance. Can you

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provide us with all the tax clearances for all the different parcels? Because we have not

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received them as of yet. All the what, sir?

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Mr. Vice Chair, those were all provided. Sorry. After the update was sent, all have been received. Thank you.

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All right. No problem. Questions from the board?

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No, Mr. Vice Chair.

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No, Mr. Vice Chair.

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Any questions from our attorney, Hillary Emerson?

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I only wanted to verify with Mr. Anastasio that there are two pages of revised plans. Is that correct?

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yes z001 z002 thank you thank you

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okay any questions from the virtual audience

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i see no answer this time vice chair thank you planning commission thank you vice chair and good

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afternoon david effecto with the city planning commission vice chair and members of the board

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this property completed its civic design review in december 2023 the civic design reviews committee

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the civic design reviews committee the civic design review committee's advisory recommendations

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the civic design review committee's advisory recommendation

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are not an expression of the city planning commission's recommendation or opinion

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regarding zoning variances special exceptions or other discretionary approvals associated

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with this proposal the comprehensive plan recommends a change in zoning at this location

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from i2 general industrial to rsa5 residential single family this neighborhood still carries

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its original 1933 zoning well we would argue that residential use per se is in keeping with

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the recommendation of the comprehensive plan under the proposed rsa 5 zoning 13 dwelling units would

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be allowed by right and off street loading and off street accessory parking would not be required in

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the recommended residential single-family zoning district so those variances are supportable the

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city planning commission recommends that the board grant the proposed use variance with a maximum of

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13 dwell units and the associated parking dimensional variances.

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Thank you. If I could just briefly, I obviously respect Mr.

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effect those, uh, um, aspirational, uh, recommendation. Uh,

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but the reality on the street is across the street is an old factory. Uh,

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and, but for Mr. Zafrani who testified today,

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there is absolutely zero residential activity on this block. Uh,

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These units, as proposed, which have been reviewed and approved by the neighbors, are exactly what this block needs.

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Not only is it residential, but they're going to be affordable and approachable at different levels with the diversity of one, two, and three-bedroom homes.

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So with that, I rest. Thank you.

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Okay. So we're going to hold this vote because we're still waiting for the RCO letter to come in.

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I understand you had the meeting on the 19th of September.

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Mr. Right Chair, the letter did come in.

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I believe Mr. Anastasio showed that as part of his presentation.

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Page 46.

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Page 46 of support.

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Okay.

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All right.

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Yeah, still going to hold it because we're going to executive session

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and have a little bit further conversation on the units.

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So if we should be able to vote on this next week at 2 o'clock.

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thank you mr chair no problem moving on to number four mi-2023-006-565-6435-45 media street

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Meredith

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Ferlinger

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I won't mess it up

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Ferlinger

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Vice Chair Meredith

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Ferlinger has been

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promoted to panelists

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Good afternoon Council

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Good afternoon Mr. Vice Chairman

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you did fantastic

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Please state your name

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and spell it for the record

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Sure. Meredith Ferliger, F-E-R-L-E-G-E-R, 1500 Market Street, Suite 3500E.

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You swear to tell the truth, the whole truth, and nothing but the truth?

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I sure do.

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Can you please identify your client?

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Certainly. My client is Media Flats, LLC, which is the owner of the property at 6435-45 Media Street.

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Okay. Mr. Holloman has a few questions to ask.

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Good afternoon, counsel. Do you agree to waive the reading of the refusal and stipulate to his

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accuracy? I do. Did you email all of the exhibits and documents required five days in advance to

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this hearing? I did. Thank you. Please proceed and share your screen. Thank you. You should

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now see my exhibit packet up on the screen. As I mentioned, my client today is Media Flats LLC,

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which is represented by Robert Sherman and Eugene Nadevich, and they should be both on the call

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today. Just to summarize before I get into the bulk of the presentation, the request before the

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board today is for a new 24-unit, 100% affordable multifamily proposal for which an application is

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currently pending before the Pennsylvania Housing Affordability and Rehabilitation Enhancement Fund,

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otherwise known as FAIR. The principal developer of this project is Stonewater Development Group,

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which focuses on constructing environmentally conscious affordable developments throughout

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Philadelphia. Stonewater not only develops affordable housing, but further manages all

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of its properties following completion. For context, as I walk you through the proposal today,

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For context, as I walk you through the proposal today, the only request for relief before the board is to eliminate the required non-residential, non-parking use along the ground floor, which is required under the property's CMX2 zoning classification.

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the only request...

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All other aspects of this proposal are by right and, in fact, significantly under what would be by right.

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As mentioned, the property before the board today is located at 6435 Media Street in the

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city's Overbrook neighborhood. The deed is included at Exhibit 3, and tax clearance is

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provided at Exhibit 2. The exhibit packet includes 18 total exhibits. At Exhibit 16,

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you will find a letter of support from the RCO, NOAA, for today's request.

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By way of overview, you can see on the zoning map up on the screen at Exhibit 7 that this property is zoned CMX 2 and sits at the corner of Media Street, which is to the south, and North 65th Street to the west.

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You will note that most of the properties surrounding 6435 Media Street are zoned RM1 multifamily.

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The property itself is just under 17,000 square feet.

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Turning to the aerials, which I've included at Exhibit 8, you will note the odd but decrepit condition of the existing property, which is largely vacant land surrounded by a one-story masonry wall.

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If I flip back and you look through some of these historical images, you will see that the property was previously used in some form of a vehicle storage capacity dating back fairly far, at least to 1996.

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If I turn to the next photographs, which you'll see at Exhibit 9, you'll get a better sense of the existing conditions of the lot and the surrounding area.

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In the first few photographs, the board will note the existing masonry wall that surrounds this property.

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And if I flip through the next set of photographs, you'll note that this property is quite out of character with the surrounding residential neighborhood.

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You'll note that almost everything surrounding this property is of a residential nature.

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And this is just directly across the street on North 65th Street, and again, directly across from Media.

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Exhibit 10 shows the zoning posters, which were posted timely on February 6th.

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At Exhibit 5, you will see the zoning site plan, which shows the irregularly shaped lot

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at issue today.

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This proposal is designed to balance the project massing with 12 units in each of two separate

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buildings.

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The buildings themselves are only three stories and 32 feet high, which is less than the code

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would allow at 38 feet.

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Additionally, while 80% of the lot is permitted to be occupied in CMX 2, only 44.5% of this lot is occupied by this development.

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From a unit count perspective, this lot would permit a total of 42 units, where only 24 units are proposed.

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Each building has a roof deck.

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Although no parking is required in CMX 2, the proposal does include 11 parking spaces for residents, which is designed with porous paving and landscaping.

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Parking is accessed from one curb cut on North 65th Street.

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Street. Historically, the property was served by a curb cut from Media Street, but given the

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proximity to the corner and the much lesser street frontage, it was much more efficient to

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add the parking entrance from North 65th Street. I've included some renderings as well in the

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packet that you should see up on your screen now, and some general floor plans. Each of these units,

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which does not include a basement, is either a two- or a three-bedroom unit. So they're really

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quite large units. And as I mentioned earlier, the property will be managed by the owner

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and will be serviced with commercial trash pickup in conjunction with this particular

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developer's other affordable housing developments in the area.

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Now, with respect to the refusal, only one refusal was issued for this proposal

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because the zoning code requires any building in CMX 2 to contain a non-residential use

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to contain a non-residential use along the ground floor frontage and for the first 30 feet in depth

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along the ground floor frontage.

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which would only have applied to the media street frontage which was designated as the

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primary frontage for this property. This application does not comply nor can it comply

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for a multitude of reasons. As noted, no other variances are necessary for this project

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and it is significantly under-built from a dimensional end-use perspective.

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The applicant submits to a hardship in complying with the code requirement for three main reasons.

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First, as the board has seen through the presentation of earlier evidence,

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the property is surrounded by exclusively residential uses,

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with no other commercial uses in a reasonable proximity to this property,

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which would make locating a viable commercial space extremely difficult.

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Shown at Exhibit 18 is a map of the city's commercial corridors

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where the board can see that this property sits several blocks away

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from the beginning of any of the nearest commercial corridors

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where, of course, the commercial activity is focused and encouraged.

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And you can see the notation of the commercial corridors

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in that sort of light orange color on this map here.

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In addition, records of nearby business licenses show that the only commercial uses in this

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area are largely in-home daycares.

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They're not traditional commercial uses that you might find with a CMX2 property.

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The previous commercial use of the property, if you can even classify it as commercial

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versus industrial, was not permitted by the CMX2 Zoning District, which prohibits any

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automotive uses.

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Furthermore, this property was previously approved in 2021 for the construction of a mixed-use building with 42 units and a commercial space.

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However, despite even securing a building permit, that proposal was never built.

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It's not unreasonable to surmise that the commercial space requirement may have been one component that fatally impaired the viability of the much more dense former proposal.

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Second, the Board may be aware that financing programs that fund affordable developments,

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such as this one, do not also grant financing consideration to non-residential uses.

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Accordingly, this development was designed quite specifically in response to the requirements

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set forth by PHFA, and including a non-residential use would render this particular proposal

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unviable. Exhibit 17 includes a market study that was performed, which establishes the considerable

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need for this type of affordable housing in this area, where there is a complete lack of affordability

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or other multifamily projects that include income-based housing.

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Finally, given the irregular shape of this lot and the character of this neighborhood,

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that those features of the lot and the character of the neighborhood support the split design of

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the proposed buildings with two low buildings instead of one larger structure. Given that

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the property comes to a sharp point along Media Street, which I'm pointing to here on the zoning

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plan, the L-shaped building design is the only feasible design that accommodates two efficient

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rectangular buildings. And you can see how the building along media is even set back a bit off

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of media to try and mitigate the impact of that sharp point. Because of this design, the rear

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building is nearly 75 feet from Media Street. Designing a building that would follow the

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property line would create extreme irregularities in the interior design. The floor plans show that

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the residential units comprise the entirety of the floor plate. Furthermore, providing parking

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for almost half of the residential units is a significant benefit to both residents as well as

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