civus
Hearing video

ZBA Hearing - December 7, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Dec 7, 20225h 23m

approximately 29,322 square feet of space inside of the location. And finally, we have a letter

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of support from the RCO. The RCO noted that Ms. Vaughn is very committed and involved in the

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community. She donates her space frequently to area businesses for various reasons, whether it's

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a meeting, if they need to hold an event themselves. She's very involved in the community, so they were

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very proud to be able to provide her with a letter of support for this project. At this time, I would

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like to call my client, Michelle Vaughn. Hi, Ms. Vaughn. Could you state your name, please, and spell

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for the court reporter? Yes, Michelle Vaughn, M-I-C-H-E-L-L-E, last name V-A-U-G-H-N.

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

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I do. Proceed, counsel. Thank you. Ms. Vaughn, have you heard my testimony that I presented here

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today? Yes. And do you agree with the testimony that I presented here today? Yes, I do. And you

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adopted as your own? Yes, I do. Is there anything that you would like the board to know about the

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project? That we have been in business for several years and as you stated, as well as the RCO, that

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we are committed in the community to provide a safe place for individuals to gather and host

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events as well as commit ourselves to the community to be a safe haven and again provide services for

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businesses who do not own brick and mortars but to utilize our space to operate operate and own

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and host their own business activities thank you thank you questions from the board

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and mr chair no questions or comments from the virtual audience

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i see no hands chair hi planning commission thank you mr bergman and members of the board

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David Fecto, City Planning Commission. The comprehensive plan recommends a change in zoning

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at this location from commercial mixed use 2 to commercial mixed use 2.5. The applicant has shown

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that the proposed assembly and entertainment would have no impacts beyond what would be expected from

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an assembly and entertainment venue. The City Planning Commission recommends the board grant

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the special acceptance. Thank you. MI 2022-004-032-3870 Lancaster Avenue. I vote yes.

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Carol Tannery. My vote is yes.

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Thank you, Council. Thank you. Merry Christmas. Happy holiday. Thank you. Same to you.

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Hi, 7-MI-2022-004-84045 Baltimore Avenue, letter of non-opposition from the Spruce Hill Community Center.

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Letter of non-opposition from the Spruce Hill Community Association.

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Councilmember Gauthier has taken a position of non-opposition.

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Nicholas Couchet is the attorney.

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He's coming back in as a panelist chair.

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hi could you state your name and spell for the court reporter

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hi uh good afternoon everyone uh nicholas cuche c-u-c-e uh attorney for the applicant uh dish

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wireless llc right do you swear or affirm to tell the truth the whole truth and nothing but the

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truth i do and do you identify one more time your client sure it's dish wireless llc okay

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Our vice chair has a few questions.

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Hi, do you agree to waive 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 refusal or referral, photos and or plans of the property five days in advance of this hearing, and have you met with the RCO, and do you have a letter?

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Yes, to all of the above.

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Okay, great. You may proceed and begin with sharing your screen.

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Thank you much.

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Thank you.

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Can everybody see?

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We see the list of your files.

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Okay, fantastic.

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I'm just going to put up my exhibit list.

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As noted, Nicholas Couchet here on behalf of the applicant.

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By way of very brief history, DISH Wireless is, a lot of people know, DISH Network, the satellite television provider.

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DISH Network, over the past few years, has purchased Spectrum from the FCC to get into the wireless telecommunications game, if you will,

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and compete with the other wireless carriers, such as Verizon, AT&T, T-Mobile, et cetera.

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That being said, DISH Wireless is looking to, in the process of building out its network,

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and in doing so, the main model is to co-locate on existing structures whenever possible,

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as opposed to building a new structure.

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Sometimes that has to happen in this particular instance for this project, which is 4045 Baltimore Avenue. There is an existing apartment complex, and I'll go through pictures in a bit.

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We are looking to co-locate on the rooftop of this structure.

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Our antennas with equipment at the base of the building, there is a sort of a first floor

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garage, if you will, and it will be within a fenced compound.

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We filed for a zoning permit.

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The application is Exhibit A1.

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We have our affidavit of posting and photographs of the posting as Exhibit A2 submitted.

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We have our license and inspections referral dated July 23rd.

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So that referral, as you will see here, is basically a referral for special exception.

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So essentially a permitted use, assuming a special exception is granted by this board.

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There were no additional notes.

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The property owner itself is New Horizons West 1 LP.

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That is our landlord.

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And as you can see from Exhibit A6 provided, we have a lease agreement with the property owner.

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The deed is also provided to the board as Exhibit A-5.

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Counsel, counsel, counsel, why don't you show us photos of what the property looks like and what you're going to do?

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Certainly, certainly.

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Plus, we have the rest of everything you have listed.

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Absolutely.

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So, here's an aerial, Mr. Chairman.

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Here is the existing building, and here are the three locations that we are looking.

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It's to the rear of the property, so off the street.

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This is where the three antenna arrays, if you will, or sleds will be placed.

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if you will, or sleds will be placed. What we are doing, and I want to pull up

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bear with me one moment uh our

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photo simulations right so we saw this already um

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so here is an existing view um as you can see uh from pine street

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This is the existing site as it looks today. As you can see here, once we install, if approved, there is our antenna array. They will be painted to match the facade of the building as required.

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uh here is a view from baltimore avenue of the existing property um you cannot see uh the sector

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here it's obstructed uh by existing building facade and landscaping vegetation um

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site not visible from this view from uh baltimore avenue again um it will be placed

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past the building facade. So this building will obstruct any view of the installation of the

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antennas. And here is our view from 41st Street, probably the most prominent view, but again,

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off of the back of the building, again, painted to match what is existing for the facade as required.

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by the ordinance as well as by our landlord. Essentially, we met with the RCO. We do have

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their non-opposition. The council member's office also has no opposition. We've included

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that email in your packets. As noted, our – just wanted to show you the plan very briefly.

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Here's the property again with the antenna arrays.

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uh the ground level um fenced compound uh the the cabinets are locked um the fence will be locked

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of course it will be a six foot fence that is one uh revision we made and we did uh include our

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proviso plan form um to to the solicitor uh we had a larger fence a taller fence eight and a half

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feet uh that was not compliant uh obviously with the ordinance so we made it six feet for compliance

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purposes um and just so you can see an elevation view um the first floor parking is where we will

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have our equipment and then the three arrays will be at the rooftop that is essentially the proposal

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Do you have your client here that can adopt your testimony?

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Absolutely.

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The applicant has shown that the proposed wireless service facilities will have no more of an impact than wireless service facilities would be expected to have.

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So the City Planning Commission recommends the board grant the special exception.

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Thank you, David. MI 2022-00484045, Baldwin Revenue. I vote yes with proviso. Revised plans, one page, stamped by ZBA on December 7th, 2022.

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Harold Tineri, my vote is yes, with proviso.

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Ishmael Shaheed, my vote is yes, with proviso.

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Thank you, counsel.

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Thank you very much.

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Happy holidays, all.

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I appreciate it.

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Thank you.

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Same to you.

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Thank you.

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Number eight, MI 2022, 004109, 1948, 16th Street.

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Alan Nockmson is the attorney.

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We have recommendation of support from the East Point Breeze neighbors.

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Also, the applicant has provided 12 form letters of support from neighbors, six of them from the 19 block of South 16th Street.

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Mr. Nockamson, could you just state your name, please, because you've already been sworn.

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Yes. Good afternoon. Alan Nockamson, A-L-A-N, last name Nockamson, N-O-C-H-U-M-S-L-A.

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Mr. Nackamson, could you identify your client in relationship to this property?

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Yes. This is the one on 16th Street, right?

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Yes, it is. 16th Street.

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Right. Welcome back.

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Exactly.

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Louis Maglio, he's one of the owners of the property.

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All right. And our vice chair has a few questions.

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Do you agree to waive the reading of the refusal and stipulate to its accuracy?

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Yes.

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Have you emailed the exhibit packet with proof of ownership, tax compliance, refusal referral, photos and or plans of the property five days in advance of this hearing?

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And have you met with the RCO? And do you have a letter?

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Yes, in all respects.

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You may proceed and begin to share your screen.

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All right. Hopefully we'll make this as painless as possible.

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All right. Here we go.

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1948 South 16th Street.

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We're in the East Point Breeze section of Philadelphia.

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As you can see from this rendering, we're on the corner of McKean and 16th Street.

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In my presentation packet, we'll review the notice of refusal.

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So this is an R-in-1 property.

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We're trying to make it a functional two-unit dwelling.

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And you'll see some dimensional variances, which are more technical in nature.

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We have a letter of support from the East Point Breeze neighbors,

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which I think was mentioned while I was trying to get on.

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We have letters of support.

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We have a rear yard area variance request, 144 feet are required and 121.92 square feet is proposed.

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Our letter of support, as you can see, we have overwhelming support from nearby neighbors as well as the community board as well for this project.

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Letters to support by nearby neighbors.

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Again, my clients actually own a bar which is across the street, and they've owned this property for some time.

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uh and um rosemary maglio uh actually lives around the corner as well so this is a family

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that's lived in this section of philadelphia uh i believe for generations uh so this is an

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investment property they're looking to uh revitalize as you can see from the renderings

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and you'll compare it to uh what we're doing uh what's there right now but you can see we have

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overwhelming support and my clients made a really concerted effort to get that support

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and then again just map of the area from a zoning perspective we are an arm one property

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so that's multi-family in nature we're a tad short of the lot requirements to make it to family

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dwelling but here we are in McKean and on 16th street and as you can see we're not that far from

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Broad Street or Pass Young. So these are commercial corridors in order to help to support the

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commercial corridors. It's always great to increase the density of residents. And then photographs of

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the property. This is from the 16th Street side. You see there's one door here. You see this is

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from the McKean Street side. There's a second door here. Each of the units have their own entrance and

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exit. And the great thing about corner property is that trash is going to be stored in the rear

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and accessible by both unit orders.

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Here is our proof of posting of the orange notice posters.

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And then here's the property from McKean,

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again, just to give you contextually what we're looking at.

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And you can see this is a two-story structure.

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All we're doing is going up one story

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to get more room here.

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And then here's South 16th Street

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to the right of the property,

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south street 16th street to the left of the property mckean to the right of the property

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mckean to the left of the property our plans and drawings again you can see it's night and day

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literally um what we're trying to do we're trying to revitalize this property take that ugly

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white siding that's on the second story expose the nice brick and do a mansard roof here and

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And as you can see, there's a separate entrance on the 16th Street side for one unit, and

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then on the 16th Street, on the McKean Street side for the other unit.

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And then there is access for both units for garbage outside.

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And then as you can see here from the site plan, currently this is a two-story structure.

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The second story does not go the full length of the first story, and we're proposing to

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have the third story edition merely sit on top of the second story and then you can see here from

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this is where our variances are where the fact is this third story um we have like a rear yard depth

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of eight feet and eight one half inches um again this is a non-conforming structure so we're

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increasing the non-conformity and the same thing with the the um the uh rear yard area it's 121.92

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square feet so again as you can see here uh it's it's longer on the first floor uh then the second

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and third floor is existing and we're adding a third story um and each again each side has its

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zone front door as you can see from here and then just the floor plans to quickly go through it oops

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so the floor plans you have unit number one uh which is on the side here on mckean street

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you come in you have an open floor plan of a kitchen in a dining room in the living room

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you have a bedroom in the front you have a bathroom back there you go down the flight of

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steps there's an additional living area half bath and an office instead you want to go to unit number

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And, you know, within internally within this unit, which would be the third floor where the addition is going to be, and we have two bedrooms, a bath, and a washer and dryer.

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And then there's our meeting notice.

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We met with the community at a well-attended event on October 19th at 6.30 p.m.

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162 addresses were notified that meeting.

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uh these are listed addresses the proof of mailing to those addresses the proof of email

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to the rcos and the other relevant parties our application for appeal that we filed with the zba

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along with our notice of refusal and our project information form as you can see the maglios

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own the property and have for some time

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and our certificate of tax claims showed that there's no balance owed actually have a credit

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uh with that being said i would ask that mr magalio virtually raise his hand

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so he can be sworn in and adopt uh my testimony as his own

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mr magalio could you state your name please and spell it for the court reporter

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