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Hearing video

ZBA Hearing - July 16, 2025

Philadelphia Zoning Board of Adjustment (ZBA)Jul 16, 20255h 36m

haven't looked at it he they also could have some issues here but those people have no issues with

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what he's doing um but um yes he's going to have to make sure that there's not going to be issues

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in terms of stormwater runoff especially to the person to the left of him yeah but how does he

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how's he getting out of here to the street or wherever right you see my cursor yeah you just

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drive right down here the side there's a curb cut there oh yeah this is yeah there's an existing

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curb cut already all he's trying to do instead of parking back here he wants to move it push

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his cars back here and then have secondary storage which is again not uncommon because

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you see this building structure here on this lot you see this building structure here on on

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maybe on the lock on the other side okay and have we checked about turning radius there or

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did we have to or what did he he he's been using it uh previously that's what happened so what

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happened is he found out after the fact that he didn't have the right permits so he has been

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my understanding he has been using it if you can look at the pictures you can see the mud on the

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tires he he was using it for some time and he's had my understanding no issue because it's a pretty

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wide lot like the width of the lot is 47 feet three inches so it's a rather wide lot where

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he would just i would assume come out this way and then turn around come out this way turn around

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well it doesn't have enough concrete to do that which you just suggested yeah i don't know that

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but the 40-some feet is at that area where this garage and storage is.

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What's that dimension?

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It's hard to see from the plan.

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Let's see.

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He's at 8 feet, 4 1⁄2 inches.

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So you got close to 30 feet?

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Yes, he has 29 feet, 11 1⁄2 inches.

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So in order to make a three-point turn, he's going to need more concrete unless he's just going to completely ruin his grass.

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But to your point, he probably can do that turn, but it's going to be – he's got to do a lot more concrete, you know, solid surface.

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So, again, I always –

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Either that or he's backing out into the street, right?

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Yeah.

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I don't think he's going to back out.

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i mean honestly it's a long street i wouldn't want to back out of that street so

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so um but i i again i i hear your point and you know we'll just i'll point that out with his

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design professional uh to maybe add another patch like right here where he can do that turn

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but maybe not have to do it as much you know in other respects because it seems like he could

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you know in other respects because it seems like he could probably again not a design professional

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You're probably, again, not a design professional myself.

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myself but like he could probably cut a little bit out here and add it up here and then i guess

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my other question is we're using um impervious like that's right that's right has there been

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any thought to using pervious kind of surface there which would help with the drainage issue

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I think it's already built

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let me see

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I don't know if it has

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let me take a look

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let me look at the pictures

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he may have to do some

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revision

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this could be one thing he could think about

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while he's at it

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yeah I don't think he

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based on these pictures

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it doesn't look like he's done

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any of the

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driveway work yet

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just a yeah just a suggestion or something you might want to think about in terms of

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how he's going to deal with the drainage issue and also the extension that he's going to make

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yeah we'll talk to his design professional in that respect all right any other questions

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i think the two questions i had one do you know if this is slab one grade or what the subsurface

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is under the garage i'm assuming it was stick built based on the design it does but i yeah i

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can't speak to that yeah um i think that the concerns i have around again similar to what

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everybody said with drainage but also slope typically when you have that much concrete to

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back to a garage there's considerable site work that has to happen and you end up having to dig

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things up and put beds of stone underneath everything to make sure that it both has the

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weight appearance as well as the drainage properties um and since the garage is already

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there not being really clear that's all um as it should be and then it looks like there's

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electric service to the garage and so i noticed there's no electrical permit for this uh project

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so just wondering um what's going to be the process because i think we've run into this

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with other garages right hillary and driveways is lni doesn't do co's i thought for the whole

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building all right for i think for the structure i think they would do a co but you can't do a

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structure for like a parking lot yeah yeah so we you know have a proviso you know co within nine

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months yeah typically the review that would happen for the groundwork is streets and water department

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questions for our attorney not at this time mr chair questions or comments from the audience

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for the virtual audience you're not seeing any hands mr chair planning commission amy wood with

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the planning commission amy boyd the comprehensive plan recommends no change in zoning from the

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existing rsa3 residential single family the proposed garage was built without the benefit

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of permits the appellant has not demonstrated that there are unique physical conditions

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or circumstances of the property that prevent it from being used in conformance with the zoning

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code the planning commission recommends that the board deny their requested variance for setbacks

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thank you mr chair just two points not out of character what's happened here sadly there's

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other properties nearby that are all victims and the same thing don't know if they have permits

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And then secondly, he detrimentally relied on the contractor expecting that this was done the right way.

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Thank you.

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All right.

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MI 2025, 001-142-4814 Howell Street.

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I vote yes with proviso.

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CO to be obtained for structure and all permits.

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Michael Johns, my vote is yes with proviso.

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Cheryl Gaston, my vote is yes with proviso.

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Tanetta Graham, my vote is yes with proviso.

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Ryan McAdams, my vote is yes with Proviso.

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Tywin, my vote is yes with Proviso.

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Thank you.

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Thank you.

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Mr. Nockmson, this is your left, I understand, right?

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Your last case here.

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All right, thank you.

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Thank you.

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MI 2025-001-278, 4363 Frankford Avenue.

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Mr. Nockmson, just for the record, state your name.

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Alan Nockmson.

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Could you identify your client and relationship to the property?

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Yes, my client is 4363 Frankford Ave, LLC.

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and to the left of me coming up here saying to the desk next to me is Keith Brunden, its member.

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And my understanding is there's a letter of opposition from the Frankfort Neighborhood Advisory Committee,

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which we have a copy.

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The applicant also has 33 signatures.

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Do you waive the reading of the refusal and do you agree with its accuracy?

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I do.

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Please share your screen and start.

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Right. So just to the beginning, we spoke to Sloan folks of the district council member's office.

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We spoke to Sloan folks of the district council member's office, and our hope is that we can

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make the presentation and then hold it so we can meet with the community additionally.

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Most of their concerns are non, well, all their concerns are non-zoney related.

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So we just want an ability to meet with them.

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And then once we meet with them, to let the board know and then to have just a continuance

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of just for community comment only.

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Thank you.

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all right so this project this board has heard before we're proposing to do 11 units here

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at the corner of unity and frankfurt avenue the only difference is is that instead of having a

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renovation of the pre-existing building structure we want to do new construction of the pre-existing

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building structure this project is better than the board previously approved and we'll explain why

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Our presentation includes 11 exhibits, 50 nearby neighbors were notified of the community meeting, and we have a petition of 33 signatures.

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And this is an ICMX property.

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So as an ICMX property, where we're proposing to have 11 dwelling units and one vacant commercial space, we are getting one variance request for 11 units in this building.

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Again, not out of character to what this board previously approved.

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So we did meet with the Frank Furnack.

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It was a well-attended meeting.

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It was 24 individuals.

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Nicholas Sladoff, my legal assistant, did not make the presentation.

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Mr. Goldberg did, but the letter says that.

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It's one factually accurate.

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So we had 24 residents there.

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We thought it was a great, positive meeting.

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The concern of the board themselves is just the construction-related matters.

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And I have some testimony from the architect.

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I also have a letter from the demolition contractor.

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I always know it's an issue with the community.

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Whenever you have a demolition project, people get scared.

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But if you do it responsibly and according to the rules and regulations of L&I, it's

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really no different than having sometimes a renovation.

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But those are the issues.

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That has nothing to do about the use.

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They said that all 24 people in the audience could not vote.

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I don't know why.

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they weren't affiliated with us. They showed up, but they took none of their votes. Here's our

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petition. Again, we made a concerted effort to go and get a petition of people who are in support of

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this project. And this is an affordable housing project. And I'll let Keith talk about it. This

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is a specific affordable housing project, but he has state funding and he'll lose it if he can't

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get this approved even this small delay risks like losing that funding because he cannot build

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the 11 unit renovated property that's why we're back here today um and i'll have the architect

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talk about that a little bit as well but this is the petition in support of this project

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uh so and then we have a letter uh from i can't read it below here but a letter of support

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what oh jim jim harity sorry um who's who is you know a council member at large who's in support

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of this project again we have an affordable housing crisis in philadelphia like we have

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a goal to reach 30 000 affordable units by the end of mayor parker's term we're hoping to add

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this in in addition to the other project to that it takes a little bit at a time and we're hoping

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that the board sees that as well. And then we also have a local pastor, Archbishop Mayor Floyd

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Palmer, who is also in support of this project as well. And then this is from the demolition

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contractor. This is who we're using as our demolition contractor, Joseph Gingoli and Son

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Inc. And we just got that letter. He may be in the virtual audience. I wasn't 100% positive. We

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But his firm has been doing demolition work for 100 years, over 100 years.

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So he's well-versed and experienced to handle this type of project.

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And then the property history.

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This is just a zoning permit for the 11 units that's allowed based on the variance request under calendar number MI-2021-001677.

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Unfortunately, he can't do this project given the condition of the property.

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He, it really is a tear down.

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And then this is what the board saw and approved.

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I will say this.

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I did a comparison between the current project, which was approved in the new one.

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The current project, which was approved by the board has basement living.

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This one's built on slab.

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The current project had no trash room.

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had no trash room we have a trash room with direct access to the street the current project

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We have a trash room with direct access to the street.

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they

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meaning the one that's been approved had no in-unit laundry facility it was all on the lower

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level down here the new project has in-unit laundry facilities so each unit has its own

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laundry washer and dryer the of the 11 units eight units are bigger on this new project so and so

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So there's a lot to be said that this project is a better project than the one that the board granted three years ago.

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And then we are ICMX here.

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Probably wrong zoning classification, but obviously that's not the purview of this board.

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If anything, this should be IRMX, which this use would be allowed as of right.

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And then photographs of the property.

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This is what the property currently looks like from Frankfurt Avenue in Unity.

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This is the zoning hearing notice postings from both public streets.

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This is Frankfort Avenue to the right of the property.

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We're on the line.

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We're in between stops.

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There's also two bus routes nearby as well.

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It's Frankfort Avenue to the left of the property, Unity Street to the right of the property, and to the left of the property.

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Architectural rendering, and I have Jesse Smith, who is the architect in charge of this project.

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I think I'll have a few questions for him.

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And again, you can see this is built on slab

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where the other one wasn't.

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So I always know that the board's concerned

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about basement lit or below grade living.

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That's not the case here.

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And in terms of the of the plans and drawings,

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let me just kind of get out full screen mode.

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Oops, let's see.

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Try to do it this way.

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all right so trying to get it maybe do it this way

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