civus
Hearing video

ZBA Hearing - July 28, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Jul 28, 20206h 57m

Yes.

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okay so this is my um closing statement and it has my name right here with my address

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and then this attachment is the picture of my house this is my house right here

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this is the side lawn and i didn't know i wasn't supposed to park cars there but these are two of

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my cars. So I was asking for a curb cut so that I'm able to park my cars there.

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Ms. Rodriguez, can you hear me? Yes. It appears from these photographs that there are other

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similar properties that have driveways. Is that correct? Yes. Yeah. So I just wanted to share

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that the neighbors all my neighbors have driveways except mine so this is in front of my house they

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have a driveway this is my next door neighbor 305 right here they have a actually sorry I got

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confused because these houses look the same yeah this is my twin neighbor like my house is on the

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other side. They're 307. They have a driveway. 303, they have a driveway. 306 has their driveway

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here. And this is just a letter from my mom that she thinks that this is just a letter

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recommendation so that i can your mom supports your application yes okay um and this is the

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notice form refusal right yes and um it was received on last year july 26 2019

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this is the project information form that was received on the same date and this is

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the second page of that one and this is the application for appeal do you want

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do you want me to read the question no i think we can see that thank you all right okay all right

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me to read the question I think we can see that thank you all right okay all

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right

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you can summarize we'd appreciate that all right so um i would just like to have a driveway well

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just a curb cut i don't i can't afford to um hire a pavement company yet but i do want to have some

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sort of curb cut that way i can park my cars it will not damage anyone anyone's property um it

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not endanger anyone in fact it will decrease the congestion congestion of cars parked on the street

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so i just think it's just unfair that my neighbors have um driveways and i don't so i would really

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like for this to get approved if possible okay thank you okay chair we do have hillary emerson

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here for this case okay you are allowed to speak

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mr emerson can you hear me yes please identify yourself with the record name and address

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sure um good afternoon mr chair members of the board hillary emerson on behalf of councilman

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sherelle parker um room 577 city hall 19107 um the councilman is not opposed to the request

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in this case as the applicant noted there are driveways from you know front access driveways

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along along many of the houses on the block the community did not have any opposition

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to the applicant's request therefore we have no opposition thank you Hillary

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anyone else tanya no chair you can continue thank you questions from the board no planning commission

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chairman and members of the board this property is indicated for residential use on the comprehensive

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plan we have no objection to the granting of the variance well thank you very much calendar number

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38167 307 friendship street my vote is yes my vote is yes my vote is yes good luck thank you

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so much everyone have a good day bye calendar number 39889 423 north 62nd street

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Mr. Bertil, you have been promoted to panelists.

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You can go forward.

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Hello again, member of the board.

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Good afternoon.

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It's time.

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Good afternoon.

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Are you attorney for this proposal?

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Yes, I am.

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Good afternoon.

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

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Yes, I do.

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Thank you.

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Name an address for the record, please.

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Steve Bertil from Claire Harrison Harvey in Brandsburg, 1835 Market Street, 14th floor 19103.

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Thank you, Mr. Bertil.

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You've already been sworn in, so please proceed.

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Thank you.

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Mr. Chairman and members of the board, I'm here with the owner, Mr. Mark Schundler, who should be here as well,

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who at a certain point I'm going to actually adopt in my testimony.

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So, Mark, if you could raise your hand so that they can be ready to click you over.

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Members of the board, we're here to present regarding 423 North 62nd Street.

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Essentially, what we're requesting is a variant approval to return the property

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to its historical use as a two-family home. I'm going to share my screen now.

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Can you confirm if you guys are able to see the PDF screen that I'm sharing?

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Yes.

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Are you able to see the PDF screen that I'm sharing?

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Yes.

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Okay, great.

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So, as I stated, we're here, the variance requests that we're here for is for a change

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of use we're requesting to return 423 north 62nd street back to um a two-family home uh the

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property is currently zoned as a rsa 5 uh single-family home uh it sits on the 400 block of

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62nd Street between Noble Street to the north and Cowell Hill Street to the south.

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As you can see from my PDF, this is a photo of the exterior of the property.

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As you can see from my pdf, this is a

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Here's it looking down or looking up from Callow Hill, and here it is looking down from

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Noble Street.

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So as we stated, the property has historically been used as a multi-family home.

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Exhibit that I'm about to show you is a prior zoning permit dating back to the late 60s,

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I believe it was 1968, that shows that at one point the property was utilized as two units, an upstairs apartment and a downstairs apartment.

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At some point, one of the prior owners before the applicant decided to stop using it as a multifamily home and started using it as a single family home.

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And so we're trying to convert it back to that.

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In addition to the historical context of the individual property, as you can see from this aerial view of the block that the property sits on, there are multiple multifamily homes and a commercial use on the street.

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In fact, I believe there are six multifamily uses, some of which are actually three families.

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so say that to show that the property is actually within not only within the

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context of the individual property in its historical context but in the

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context of the street itself all the all the work that we anticipate to

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convert it back will be interior there's we don't anticipate any exterior work

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essentially what we're doing is just converting converting the second floor

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bedroom back into a kitchen so you can see the floor plans of the existing

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layout of the property is here basement first floor second floor with the middle

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room that was converted in the top bedroom and now I'm showing what the

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post conversion of the layout would be is essentially identical the only

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difference is that middle bedroom would be changed back into a kitchen and there

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would be doors installed where at the bottom of the stairwell to divide the

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units from each other. We met with the Registered Community Organization on May

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31st virtually via Zoom. The community attendees voted in support of the

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change of views as you can see by the meeting summary form that I'm presenting

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on the screen now. In addition to the vote of support by the community

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attendees, we also obtained signatures of support from near neighbors on the

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block so you can see 422 424 420 415 425 436 and 446 excuse me north 62nd street are all

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in support of this project

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so in terms of refusal as i stated the refusal is just for the use only um then the proposed use of

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a two-family dwelling because it's prohibited in this zoning district.

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We believe that the requests of variances are de minimis and appropriate for the neighborhood.

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As you can see from the context of the street, the fact that it's historically been used

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as a two-unit multifamily home.

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We also don't believe it will create any congestion on the public streets or transportation system

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or really have any adverse effect on the adjacent properties in terms of supply of light, air, and

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etc. Because as I stated, there is no exterior work to be done here. The only thing that we're

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doing is converting the interior room back into a kitchen and installing some interior doors,

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thus restoring it back to its original footprint. For all these reasons, we're requesting that the

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guidance approval is appropriate. I have the owner Mark Schundler here. I would ask if he is raising

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his hand if he can be selected and unmuted. This is Mark Schundler. Name is spelled M-A-R-K-S-C-H-U-N-D-L-E-R

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and I'm at 4043 Walnut Street, Philadelphia, PA, 19104.

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

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So do you swear and affirm to tell the truth, the whole truth, and nothing but the truth?

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Yeah.

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yes thank you uh mark have you heard my testimony this morning i have for this afternoon i should

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say uh do you confirm the truth of my testimony and adopt it as your own i do

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and with that uh with that uh mr chair members of the board i conclude

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thank you uh questions from the board

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planning commission

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chairman and members of the board this property is indicated for residential use on the

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comprehensive plan we have no objection to the granting of the variance thank you calendar number

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39889

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423 North

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62nd Street. My vote is yes.

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My vote is yes.

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My vote is yes.

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My vote is yes.

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All right. Confessor, before you call

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the next case, Sharon.

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Thank you. Sharon, I think you said

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we skipped one?

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Yes.

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I don't have a calendar number for that one.

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I don't see it on

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my list either.

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Calendar 36978, 1708 Tioga Street, number four on the summary list.

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I don't have that.

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The one on our summary list was Powerhound Road, number four.

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I don't have Tioga here.

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I'm sorry.

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No problem.

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What is it again?

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Calendar 36978, 1708 Tioga Street, attorney David Orfanides.

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1708 Tioga.

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thank you is this the one uh this isn't the swamp poodle one is it

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no oh yes no okay no all right

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is mr orphanetes available

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Mr. Orphanides, you've been promoted to panelists.

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You can share your screen as you need to.

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Mr. Orphanides, you agree to wave the reading of its refusal and stipulate to its accuracy?

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I'll go through those during my presentation if you would like.

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But I do wave the reading of it.

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Can you hear me okay?

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i heard it again we missed you huh can you hear me okay now yes okay so i waived the reading there

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were there's some minor um minor inconsistencies in the notice of refusal that i can go through

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if you'd like um during my presentation first of all do you swear to firm to tell the truth

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the whole truth and nothing but the truth i absolutely do all right uh we're running into

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a times issue because we are required to uh cease having a hearing at one by 1 30 correct tanya

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yes chair so mr orphanetes please don't take up until 1 30. don't misunderstand my

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my comments i got all my talk i got my all my talking done over the last two hearings

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i appreciate that thank you can we ask too that before you start mr rafanidis i believe this case

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went through cdr and that um the planning commission representative would usually start

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by reading the letter into the record that that is correct that's the reason why our last original

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hearing was continued i think back in uh david you're breaking up really huh one second let me

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see something can you hear me better now a little better yeah well now you went off again

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can you hear me okay yes and then when you begin to talk it seems like you fade out

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i don't know i'm sitting at the same desk with the same computers as i did last week

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well you wore it out last week i know apparently i guess i guess so i guess so all right let's

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yeah i'm not i'm not sure what to do so but um so the planning commission needs to read the

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read the report into the record first um chairman we were actually not going to we were going to

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just say that they had completed the cdr process but we were also going to offer our recommendation

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okay yeah the applicant has completed the civic design review process and but the Planning

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but the Planning Commission indicates that this property is indicated for residential use on the

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Commission indicates that this property is indicated for residential use on the conference

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Conference of Plan. Even though the number of units has been reduced, this is still a single

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family twin home district. While the applicant has mentioned mixed income, there is no enforcement

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of that promise as they are not going through any city, state, or federal programs that would

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enforce that number. We would recommend that if the ZBA grants multifamily at this location that

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it would comply with the spirit of the RM1 zoning district, which would have a 38-foot height limit

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and allow for approximately 28 units we would also ask that they put a deed restriction on

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the property ensuring that there will be mixed income units as the community was promised

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thank you all right and um just so everybody knows um exhibit 25 of my exhibit book which is

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page 285 of my exhibit book is the CDR approval letter dated June 9th. As I indicated, we originally

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scheduled for a hearing on 212, and that hearing was continued to allow us to go through the CDR

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process. Because of COVID, that hearing did not happen, did not only happen remotely on June 9th

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of 2020 as indicated in the letter you can see here with the mouse so we did complete that process

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so i'm going to head back up to the beginning again my name is david orphanetes d-a-v-i-d

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orphanetes o-r-p-h-a-n-i-d-e-s i'm with the law firm of orphanetes and toner and i'm here this

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early afternoon on behalf of Two Eyes LLC which is the owner of the two

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properties we're here for 1708 West Tioga Street and 1710 West Tioga

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Street. In our exhibit book you hear our notices of the zoning hearing posting

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and the notice of refusal. We have our taxpayer certification at Tad 2 for both

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properties our deed showing two eyes llc as the owner of both of the properties

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at tab scroll back here

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so at tab four we have aerials of the subject property and the area surrounding it

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our property they are two vacant two vacant lots in the Sanborn maps which I

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can show you which are included later in our exhibit book for the benefit of mr.

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Holloman they show that the properties went vacant sometime between 1989 and

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1992 they are long and narrow lots you can see right here on the left on this

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aerial image um they are each 25 by 250 feet in length um so each has a area of 6 250 square feet

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