civus

ZBA Hearing - April 5, 2023

Hearing video from Philadelphia Zoning Board of Adjustment (ZBA), Apr 5, 2023, 5h 31m

The exhibit list includes a refusal, an application for appeal, project information form.

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would you bring that back up or have it there's nothing on the screen but that's unfortunate

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let me see here there you go

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it includes a refusal application for appeal project project information form deed authorization

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letter tax certification plans poster photographs photos front and stairwell photos basement photos

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first floor photos third floor photos the second floor and prove that we sent notices to the rco

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and we did have an rco meeting exhibit a shows the refusal

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this was refused because the lot area was too small we also have three units

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we also have three units three residential units and one commercial unit

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three residential units and one commercial unit

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this is actually we're seeking to legalize an existing use the three apartments are already

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in the building as well as the commercial first floor unit

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this was the application appeal which was filed pro se by cindy real estate llc earlier

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The copy of the letter of authorization, the deed,

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this is the tax clearance showing that all taxes have been paid

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these are the plans that were submitted to uh lni they showed the the existing uh footprint of the

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property is a one first floor is a commercial unit which i believe at this time is vacant

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This property runs along the L up in the Kensington neighborhood.

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The second floor has two apartments, one apartment in the front, one apartment in the rear, and a third-story apartment.

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Shows that the posting of today's zoning meeting was on the front of the property.

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Here's the poster, here's the mailbox, and here's a close-up of the poster.

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These are photographs of the property.

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This is the front of the property.

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This is the front stairwell.

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There's two apartments on the second floor?

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Yes, Commissioner.

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Show us the entrance to that, please.

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The front entrance or?

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Yeah, the apartment entrance is on the second floor.

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there's right there's one there that's the third floor i think that's the third floor entrance

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second floor entrance okay

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here's the basement

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And here's pictures of the first floor unit.

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that's the commercial space right that's the commercial space commission

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this is the rear of the property obviously the rear of the property is uh too small for the

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proposed use but this was you know this was almost a pre-existing condition the house has

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been around probably before the code and it's probably structurally impossible for it to be

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build back any further also the the backyard conforms with the existing use of that neighborhood

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and these are the pictures of the third floor residential unit it's a very nice unit

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i think that's the l right there

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these are the one of the second floor residential apartments

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and this is the second floor rear apartment

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this is the documentation showing that we had the rco meeting

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and these are commercial licenses and rental licenses

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so again the client bought this property a sheriff sale they believe that it was allowed

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to have three residential units three residential units i think conforms with that neighborhood

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the property has enough square feet for the additional units on the second and third floor

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and we believe that the there's a unnecessary hardship on the client to not be able to have

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three residential units and one commercial unit in this neighborhood.

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Mr. Teller, were you at the meeting with the CDC?

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I was.

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And do you know what the vote was?

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I don't know what the vote was.

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I don't believe they're going to support this application.

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That's a verbal.

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So it's my representation to the ZBA.

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i actually was expecting um a letter a writing okay all right um mr chair this is hillary um

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we just we just received uh the the council office um uh council member lazada just sent over

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um the letter excuse me one second uh the vote was um in opposition um and then the council

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member is

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also taking a position of

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opposition.

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I can forward that to Mr. Taylor

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as well, but we just received that.

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Thank you.

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You want to have your testimony

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adopted, Mr. Taylor?

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Yes.

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Ms. Jen,

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are you present?

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Susan?

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Ms. Jen,

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If you're in the audience, can you raise your virtual hand?

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I see no hands at this time, Chair.

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Thank you.

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You're an officer of the court.

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We will accept your testimony.

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Thank you.

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Questions from the board?

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No, Mr. Chairman.

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No, Mr. Chairman.

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Questions or comments from the virtual audience?

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Chair, we have Sloan Foulkes. Mr. Foulkes, please unmute yourself and wait for the chair.

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Good morning, Mr. Foulkes.

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Good morning, Chairman Bergman and ZBA Board. My name is Sloan Foulkes. I'm representing the Office of Council Member Ketsy M. Lozada. Spelling of my name is S-L-O-A-N-E, F-S in fire, O-L-K-S.

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Right. Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?

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I do, sir. Thank you. Proceed, please. Yeah. First, I would like to apologize to the ZBA as well as Mr. Taylor. We didn't receive the letter from the RCO until late. And I thought that it would have been actually late Monday. I thought it would have been sent out Monday evening or Tuesday, but it hadn't at all.

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So I did send Mr. Taylor a copy. If you check his email, you'll have a copy of the RCO letter as well as our letter. I want to read some things into the record.

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The applicant has met with the RCO and has garnered a letter of opposition with the community's rationale as the following.

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The applicant took out a make-safe permit to make the property safe.

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However, the applicant has completed other work outside the realm of the permit, including electrical, plumbing, and structural.

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They did not, at the meeting, show proof of permits being obtained for this work.

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And finally, the interior walls were sealed without licensing and inspection reviewing the property upon completion.

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This is the rationale of the RCO as to why they're opposing the various requests.

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If you have any further questions, please feel free to ask me. Thank you.

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Chairman, if I may make a quick response, a quick rebuttal.

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First, thank you, Mr. Folks. Thank you. Proceed, counsel.

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Well, again, I'm unable to comment on the prior construction work that was done at the property.

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However, I will make the argument that this is an issue regarding the use of the property.

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And if there was any code violation issues, if any, then that should be addressed in a separate legal proceeding by L&I.

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I believe I'm arguing that it's really not relevant whether or not there could have been a code violation.

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I'm arguing that this is really a question of zoning.

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Okay, that's fine.

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I rest.

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Thank you, Mr. Taylor.

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Anyone else from the virtual audience?

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here we have miss tam with her hand up again no no thank you okay all right anyone else in the

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Here we have Ms. Tam with.

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virtual audience relative to this case i see no other hands chair planning commission thank you

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chair bergman good morning david vecto with the city planning commission in 2014 the zoning map

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was amended in this neighborhood in accord with the recommendations of the comprehensive plan

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The proposed use matches a recorded use permit from 2017.

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The City Planning Commission recommends the board grant the variance.

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I, 2021, 003-847-4911 Frankfurt Avenue.

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I vote no.

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Thomas Holloman.

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My vote.

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Thomas, let's go again, what was your vote?

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Ishmael Shaheed, my vote is no.

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Thomas, what was your vote?

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Thomas

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My vote is yes

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Thank you

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Mr. Taylor

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Three no's and one yes

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Thank you

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Number 10

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MI 2021

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003 722

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1901

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Westmoreland Street

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Vern Anastasio

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is the attorney. Letter of support for the Allegheny West Civic Association.

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Good morning, counsel.

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He's coming back in as a panelist now, Chair. Thank you.

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Good morning again, Mr. Chair. You've already been sworn. Just state your name for the record,

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please? Sure. Vern Anastasio. And could you identify your client and the relationship to

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this property, please? Yep. I represent Credence Home Care, LLC. Okay. And our vice chair has just

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a few questions for you, sir. Thank you. Good morning, counsel. Do you agree to

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the reading of the refusal and stipulate to its accuracy? I do.

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have you emailed all the required documents and exhibits to proceed with this case five days in

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advance of this hearing i have please proceed and change thank you i am sharing my screen right now

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1901 west westmoreland um mr chair members of the board what we are proposing on the ground level

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will be adult daycare with administrative offices, a loading zone in the front. I'm

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Westmoreland. And then also residents for independent living, senior citizens, 99 units.

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We have a green roof that we'll walk you through in addition to other items. The refusal is

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actually pretty standard. It is zoned I-1, whereas in this case, the refusal calls this

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group living, and we are going to tweak that in the event that this board grants the variance.

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Attorney Emerson will advise you on that, but it is for multifamily units, 99 of them.

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it'll be geared towards senior citizens.

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Our height is in excess of what is permitted

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and the dimensional standards for parking spaces

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because of the unique shape of the lot itself,

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the width of our spots are about eight and a half feet each.

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Whereas for age restricted folks of,

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I think it's 60 years of age or older,

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they should be 10 feet wide.

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We were trying to get as many off-street parking spots

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as we could in the parking lot.

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And therefore we brought it down to a size

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that still meets basic standards.

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Many garages are no more than eight feet wide.

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So with that, I will share with you

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the rest of the proposal.

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Page 2 is the revised proviso plans. We've gone through two meetings with RCOs, a personal

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page two is the proviso revised provide

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meeting with leadership of RCOs, and then of course the full spectrum of CDR review,

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at least two meetings with CDR, and we've come up with a plan that works for everybody,

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is a commodity and a neighborhood that has experienced lots of disinvestment for a long time

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and producing a product that is desperately needed for folks who live in the neighborhood

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in homes that are in desperate need of repair. They can't afford to repair them.

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And this is a way to keep them in the community that they've been in for a long time.

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I'll zoom in a little bit here.

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I'll give you a general idea. Here are the 18 parking spaces. We have trash room.

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Okay, one minute. And then

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we have the adult activity space. We have offices. We'll have a kitchen and we'll have personal

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lockers as well. And there's a residence entrance on the opposite side. And then we have residents

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that go above the uh the actual parking spaces

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and give me um

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as you can see here there are studios one and two bedrooms there's an interior courtyard and a lounge

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there's additional apartments on the third floor also there's

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here's the third floor rear

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here. You've got your floors five through seven. Again, all residential. This is your

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typical type C unit, which is a studio, just under 500 square feet. As you can see, it's

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all sort of open layout. We have your typical one bedroom, about 560 square feet.

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and then we have a different type of one bedroom that is a little larger, about 648 square feet.

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So they are the types of units. I am going to be bringing in the architect who can share with you

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additional details in our exhibit packet that I'll move into evidence. We also spent a lot

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of time talking about different materials that we'll be using a mixture of brick and stone some

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metal siding some patina green window trim we've got roof gardens and some terracotta

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force materials for water runoff this is the property from the opposite angle

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As you can see, plenty of greening, and then additional green roof.

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There's an elevation.

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We have some photos of the proposed location.

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The other corners, this is a corner property.

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the other three corners are also zoned industrial. Obviously, it's an antiquated use.

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It's on a corner property. It's primed for multifamily development since there are no

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industrial uses presenting themselves these days. As I explained, the unique shape sort of limits

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the number of off-street parking, but making the stalls each eight and a half feet do provide us

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with 18 spots. And then offering these smaller units that will be, you know, innately affordable

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