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Hearing video

ZBA Hearing - May 12, 2021

Philadelphia Zoning Board of Adjustment (ZBA)May 12, 20214h 52m

Thank you. You may proceed.

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Okay. I'm about to share my screen.

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We're here on 1209 Snyder Avenue.

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I'm here on behalf of DSPS LLC, which is the owner of the property.

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I have Michael Agnall here with me to testify.

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This is an existing property, zoned CMX1.

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It's been long vacant, and we're looking to add an addition at the rear and above

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and to use it as a three-family dwelling unit. We met with East Passion Crossing

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back in earlier this month and they indicated their unanimous support for the plan

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and their letter of support is located at Exhibit A in the packet. I see there's a letter of

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non-option from councilman as well okay um thank you uh i will run through uh the plans uh briefly

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and the refusals again we have a refusal for use as this is zoned cmx one however we're in uh

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snider avenue where there are a number of multi-family uses uh in the vicinity as well

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as ground floor commercial um show you some existing photographs of the property

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so here's the property right here it's the one that is boarded up and vacant

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and as you go to the corner there are some commercial uses at ground floor however those

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commercial uses stop at the property right before us this property right here at 1207 actually has

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approval for three family dwelling with ground floor commercial again we're not looking for that

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floor commercial we're just looking for the three-family dwelling we also received refusals

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on open area 75 percent required we're putting 85 and in the rear yard where nine feet required

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we're proposing three foot eight but as i'll show in plans that three really is just a product of

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But as I'll show in plans that three really is just a product of the balcony off the second floor rear, which was also a refusal for the CMX one district.

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the balcony

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So and here's the property and the rendering. We're showing an addition here to the rear as well as above for the roof deck.

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there would be a balcony off the second floor and these steps that come off of the first floor to

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the rear area and that is aside from those steps right here we have seven feet eight inches

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so you know that that rear there actually is quite an ample rear yard I am just going to

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hop on that list just so you can see the homes to the rear along Mercy Street all pretty much

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have 100% lot coverage come right up to the property line. So we're going to be more open

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than they are. And then I will just take you quickly through the floor plans. Here is the

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proposed first floor plan. The enter is about a 550 square foot, one bedroom unit. The second floor

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actually uh is enters through the same way but they have the rear area here with the rear yard

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that's really the nicest unit it's a 726 square feet two bedrooms and uh and two baths and then

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lastly you have the third floor unit which is about 584 square feet again that one's a two

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bedroom one bath and that has the access to the roof deck and here's the roof deck plan

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with the appropriate setbacks. Here is the zoning map, again, showing that we're right next to CMX2.

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We're CMX1. Here's all RSA5. There are some duplexes mixed in. There's a large multifamily

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building across the street that zoned CMX2.5, 17 units. So again, nothing out of context with

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the neighborhood. We believe that this fits, and that's indicated by the overwhelming community

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support we received. Here are just some more photographs of the street. You can see the width

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and the, you know, some commercial uses across the street. Here's that large multifamily building

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that I had mentioned a moment ago. So, and we believe that the variance is consistent with the

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surrounding neighborhood and won't adversely impact the neighborhood at all, and it will

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support Snyder Ave and take this long vacant property and revitalize it and bring it back

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to use. I would just like to ask if Michael Agnall is here, if he could be sworn in and

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adopt my testimony. If you're here, can you please raise your hand?

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Mr. Michael Agnall has been allowed to speak, ma'am.

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Thank you. Michael, can you hear me?

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Yes, I can. Can you hear me?

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Okay, yes, I can. Can you put your name and address on the record and spell your last name, please?

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Sure. My name is Michael Agnall, last name E-G-N-A-L. Address is 1904 Mount Vernon Street,

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Philadelphia PA 19130. Thank you. Do you swear or affirm to tell the whole truth and nothing

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about the truth? I do. Okay, Mr. Phillips. Michael, just a couple quick questions. First,

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you heard everything that I stated a moment ago? I did. And do you agree to adopt my testimony as

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your own? I do. And do you agree that everything that I said is true and correct to the best of

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your knowledge information and belief? I do. And can you just briefly tell the board the condition

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of the property when you purchased it? Yeah, when I purchased it late last year, there was an L&I

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make safe violation that had to be addressed before anything else could be done. The entire rear

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of the building was crumbling and had to be torn off and shored up before I could begin to file for

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a permit, and the neighbors were understandably, you know, incensed about that. In fact, I think

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some people had broken into the property at some point over the last several years and had been

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kind of living inside and turned it into a bit of a squatter encampment, so it was just in really

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bad shape, and it's a great block and a great community, and it was kind of holding the whole

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area down so I was happy to tear the back down and fix it and again the use that you're proposing

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are just three units in the three-star building that's right okay I don't have any further

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that's right okay i don't have any further questions for mr agnell thank you does the

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questions for Mr. Eggnall. Thank you.

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board have any questions no no no planning commission

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good afternoon board peter bernard for the planning commission can you spell your last

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name please b as in boy a as in apple r as in roger n as in nancy a as in apple r as in roger

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d as in dog do you swear or affirm to tell the whole truth and nothing but the truth

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i do okay you may proceed this property is indicated for single family residential in the

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comprehensive plan we feel this proposal represents an overuse and that the property

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is not unusual in shape or size we feel the applicant has failed to demonstrate sufficient

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hardship accordingly we recommend against granting of the variances thank you

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calendar number zero eight seven zero excuse me yes then can we hear from uh i guess the

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community group or anybody else yeah sorry about that is there anyone else who would like to speak

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please raise your hand

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i see no hands at this time madam chair thank you calendar number is 0870 1209

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snyder avenue my vote is yes my vote is yes my vote is yes my vote is yes

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thank you very much thank you calendar number 2181 1322 south 53rd street the attorney is leo

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Mulvihill.

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Mr. Mulvihill has been promoted to panelists.

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Mr. Mulvihill, can you hear me?

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Yes, you can.

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Name and address for the record

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and spell your last name, please.

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Certainly, name is Leo Mulvihill,

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that's M as in Michael, UL, V as in Victor, I-H-I-L-L.

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Address is 315 Green Street,

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first floor, Philadelphia, Pennsylvania, 19123. Thank you. Do you swear or affirm to tell the

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whole truth and nothing but the truth? I do. Do you also agree to waive the reading of the

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refusal and stipulate to its accuracy? I do. Have you emailed an exhibit packet with proof of

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ownership tax compliance, refusal or referral, photos and or plans of the property five days

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in advance of this hearing? And have you met with the RCO and do you have a letter?

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with the packet's been emailed we met with the rco yesterday and i do have a letter which i

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will share separately thank you you may proceed so good afternoon members of the board this is

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leo mulvihill on behalf of city block acquisition 10. what i have for you today is a discussion

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about the proposal that we have for this property and along with that this we will be requesting at

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the at the end of our presentation a resumption hearing based on communications we've had with

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council person's office since uh the meeting that we just had on i'm sorry on monday night

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what i'll do first is i'll get to that letter that we received and then i'll get to my packet as

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well okay a moment please so members of the board what i'm showing now is what i'm going to be

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marking for the purpose of the record is applicant exhibit i guess we'll call it x just for purposes

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of clarity. So we did hold this meeting. This letter is dated April 26, but I believe that

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was a typographical error as we only had our meeting on Monday for this property. We did

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meet with near neighbors. We are proposing a multifamily development after we had taken

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several lots, six altogether, did a lot line relocation subdivision in the four lots that

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were approximately 25 feet wide. We were proposing on each lot to build a multifamily residential

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unit. So between the four lots, a total of 24 units. When we originally undertook this project,

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this lot was zoned RM1. And by the time it was submitted, the lot had been rezoned our SA5. So

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that's really the crux of our appeal here. But for the purpose of the record, again, I'm showing

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into that x we had 32 attendees at a meeting with the 51st ward democratic rco there were a number

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of votes in favor a number in opposition a number of abstentions but after continuing discussions

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with this rco my client does wish to have containing discussions with them and the

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council person's office but i will go through the remaining parts of my presentation now

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that's part of the reason this was not included with the packet so back to my title page now i

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I have a refusal appeal and project information form at page one area zoning maps at page 12 deeds for the properties are page 13 and they take up a substantial amount of my packet as a commercial activity license for my clients at page 126.

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of my packet. It's a commercial I could be licensed for my clients at page 126.

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Tax clearance is at 127. The zoning notification letter that I sent out, along with proof of

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mailing, is at page 128. Photos are at page 131. Plans are at page 140. I also just want to mention

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I'm not intentionally wearing sunglasses. These are my normal screen glasses, and my normal glasses

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have broken. I'm waiting for a new pair. I'm not trying to be cool. This is the only way I can see.

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So, for right now, I'm going to show everybody my presentation packet, including the refusal.

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So, as I discussed, this is a single-family residential district.

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We're proposing to erect four multi-family dwellings for a total of 24 units.

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When we originally undertook this project and got everything rolling, did the subdivision, this was all zoned RM1.

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and as part of council persons blackwell's uh efforts this was rezoned rsa 5 by the time we

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had gotten all of that done this would have been a by right project before now it's not so now we're

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in front of you essentially in this what we're proposing is for each structure two ada accessible

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units in the ground story and then additional two bedroom units above um each of the units are going

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be approximately 850 square feet for the two bedroom units and 650 square feet for the ground

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floor units for purpose of the record i'm referring to page 5 of 147 of my packet so that we have that

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all clear what's also been shown on the middle of the page here paragraph three is a number of other

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multi-family properties on this block um they range in between two and five of six dwelling units

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I know there's a rooming house on the corner as well, which indicate this property's multifamily history, despite the fact it's been recently rezoned as a single family, as it is largely single family home and homeownership across the street.

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Going now to page 13 of my zoning packet. These are the screenshots that I took from the Philadelphia Atlas site. To the top, we see the area zoned RSA 5. I'm going to zoom in so it's less blurry.

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the city zoning map doesn't yet reflect the fact that we've had this subdivision and new lot line

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relocation done so the six lots that previously existed which varied from between 14 feet

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to about 20 feet are now all even at approximately 25 feet looking down to the bottom of page 12

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this is a screenshot showing the overhead view showing the large vacant lot which is the lot

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that we're discussing, which is now currently legally for equal lots.

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I'm going to skip over the several, approximately 100 pages of deeds, but I will assert for

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the record that my client is the owner of all these properties.

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We have received new OPA address numbers for them.

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The subdivision has been completed to the best of my knowledge.

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Just bear with me for one moment.

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Sure.

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At page 124 of the packet, this is the address notice to be received with respect to the new parcels from the Office of Property Assessment.

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This is my client's commercial activity license at page 126.

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At page 127, this is a copy of my client's tax clearance certificate.

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This is my notification dated Thursday, 22nd, 2021.

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And the reverse to page 129.

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At page 130, this is our proof of mailing showing that we sent out 126 letters to affected neighbors.

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Going to page 132, pardon me, 131 rather, this is the property in question.

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There's currently a fence.

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There's large Victorian homes on the block.

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On this side, the other side of the block, slightly smaller homes, not quite as grand as the large Victorians, but still very nice.

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I'm just going to circle through so we have an idea of what we're looking at on the block.

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This is looking towards the corner, 53rd Street.

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You can see at the left of these photographs, which I apologize, are a little bit blurrier than I anticipated.

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To the left, we see those larger Victorian homes, as I discussed.

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At the end of the block, indicating where my cursor is, this is the larger rooming home that's been currently permitted, I believe for six units.

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Across the street, these are the two family homes.

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Pardon me, the two-story homes, rather.

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This is looking up the block again.

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back to our lot and back to the adjacent properties that show the larger Victorian homes on our side

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of the block. For purposes of the record, this is an unnumbered page as it was a slip page that

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was added to update our rendering at the request of an initial community meeting we had several

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weeks ago with the RCO and some of the other affected residents. What we tried to do with

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the terms of this design is kind of pay an homage to the existing structures on the block, a rounded

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base, red brick, and try to make them look instead of like a large apartment complex,

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and try to make them look instead of like a large apartment complex which we could have done if this

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which we could have done if this were.

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were one lot that we had built one building on when this was zoned rm1 rather we tried to take

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an approach to make each of them look like a single property itself in line with what exists

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already on the block which appear to be a mix of twins and row homes there have been discussions

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after our community meeting on monday that there might be some revision to this facade

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Specifically, some sort of addition of a porch area or an overhang in the front to try to tie into the existing structures that are adjacent on the block.

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Some folks had wished that we'd put stairs or whatever else on the front.

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The reason we're not, and really can't, because we want to keep the ADA accessibility for these ground story units.

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And as soon as we start getting ramps or anything, pardon me, stairs or anything involved, that becomes a more difficult problem for us.

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There are not basements for these units. There will not be substantial excavation or danger to the buildings adjacent.

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As I referred to earlier, members of the board, this was a by right subdivision that was done a lot line relocation prior to this being rezoned RSA 5, which happened during the process of us trying to get everything together.

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So we originally had one, two, three, four, five, six different sized lots, ranging in size from approximately 15 feet, indicating with my cursor, to approximately 20 feet, just shy of that.

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So we took those six.

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And now moving to the right side of that page, which is page 141 for the record.

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Made four equal lots, each of which are in excess of what's required in this zoning district for lot size.

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none of our buildings are proposed to be larger in terms of size height footprint scope open

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area than what's allowed in the zoning district either so we tried to pay careful attention to

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the immediate neighbors and the context of the neighborhood and designing the structures

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the page 142 this is just a color version of the overhead site plan showing the front

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porches that were front open areas that we're proposing perhaps we will be considering adding

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some sort of decorative porch to match more in line with what's going on next door or at least

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some sort of program. There's a rear yard area. That's where our air conditioning compressors

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are going to be. There's an alley behind the properties. It's a common alley. The lots are

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large. So it's 42, pardon me, 24 feet, 10 inches by approximately 102 feet deep. And that was what

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we were thinking when putting this together, the highest best use of the lot. Considering

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construction prices, considering AMI especially. My client does a lot of projects in this area

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and we were very sensitive to new construction single-family homes price point versus new

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