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Hearing video

ZBA Hearing - May 21, 2025

Philadelphia Zoning Board of Adjustment (ZBA)May 21, 20255h 4m

whoever that person was doing.

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Yeah, I guess a question I have for Hillary.

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um i've noticed that as pulling the permits it a lot of our legalization of illegal duplexes

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and triplexes it's the same company listed on the permit over and over and over and over again

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whenever it was like an easy permit that was pulled for a single family

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and then was illegally converted we should look into that thank you you're welcome

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maybe you could do it this weekend hillary

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other other questions

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questions or comments from our attorney hillary emerson

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not at this time mr questions or comments from the audience or the virtual audience

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mr chair i do not see any hands raised planning commission

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amy wood with the planning commission the comprehensive plan recommends no change

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and zoning from the existing RSA 5

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residential single family.

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The property has a documented history

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of two-family going back to at least

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1944. The Planning Commission

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recommends that the board grant the proposed

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variance for two-family household living.

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Thank you. MI 2025

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000539

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2649 South

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7th Street. I vote yes with

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provisos. CO to be obtained

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no basement living.

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Michael Johns, my vote is yes with

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proviso. Cheryl

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Gaston, my vote is yes with provisals.

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Tana Graham, my vote is yes with provisals.

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Taya Owen, my vote is yes with provisals.

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Ishmael Shaheed, my vote is yes with provisals.

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Thank you, Alex.

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Thank you.

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Thank you.

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Number two, MI 2024-005-526-406-08 Jefferson Street.

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Henry Clinton is the attorney.

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Mr. Chair, they'll be coming back in as a panelist soon.

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Good afternoon, Mr. Chairman.

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Good afternoon, counsel.

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could you please state your name and spell it for the court sonographer? You are Henry Clinton,

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H-N-R-Y Clinton, C-L-I-N-T-O-N. You swear or affirm to tell the truth, the whole truth,

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nothing but the truth? I do. Could you identify your client, the relationship to the property?

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Sure. The entity which owns the property is FNF Properties, LLC, and the principal is Shaker,

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S-H-A-K-E-R

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E-H-M-E-D-I

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Our Vice Chair has a few

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questions, sir. Good afternoon,

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Counsel. Do you agree to wait the reading of the

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refusal or stipulate to its accuracy?

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I do. Have you emailed in

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all the required documents and exhibits that's

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needed to proceed with this case five days

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in advance of this hearing? I have.

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Thank you, Counsel. Please

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proceed and share your screen. Thank you,

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Mr. Sheehan. Thank you.

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Is that visible, Mr. Chairman?

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It is.

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It is, sir.

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Good afternoon again.

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Henry Clinton here on behalf of the owner, Mr. Armani, and he is on the call via telephone.

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This is my table of contents, A1 through A10, with some backup zoning records.

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This is a request for a four-family dwelling, each dwelling on a single floor on a piece

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a property that was formally

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used for at least 10 to 15 years

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as an auto service

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center. It's in dilapidated

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condition. My client purchased it

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in 2021. He had to

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have a make safe permit

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and then since that time he's been

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moving forward to try to get the property

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re-zoned for multifamily

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use.

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Also on the call

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is the architect Kevin O'Neill

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so when we get to the plans I'm going to ask him

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Mr. Chairman, if he could be unmuted and walk everyone through the plans.

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So the refusal is pretty straightforward.

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This is an RSA 5 zoning district, even though there are other multifamily on the block directly

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across the street, caddy corner, and also next to the subject property.

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That resulted in a refusal for multifamily living.

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And then there's a minor, what we would consider de minimis, dimensional variance.

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We do have an RCO letter of support from South Kensington.

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Just by way of background, last year in 2024, we met with South Kensington and spirited dialogue back and forth.

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They were not happy with the way the plans look.

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They made some recommendations and we adopted almost every one.

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and we adopted almost every one.

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So we then came back with new plans.

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So we then came back with new plans,

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revised plans, which we have

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attached to this presentation.

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And if the board looks kindly upon it,

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we'd ask that the proviso be

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approved with one plan.

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We came back and represented

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to South Kensington Community Partners,

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and that resulted in a unanimous vote of 14 to 1

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in favor of granting the requested variance.

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Um, just to provide you with some photographs. Uh, this is the existing old garage. There's no

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roof. You can see the Joyce, uh, running front to back on the, on the property behind the property

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is a, is a park, uh, to the left, which would be the East is a, um, a store with one or two families

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above that's multifamily. Then Caddy corner is another commercial property on the first floor,

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with an apartment above, and then directly across the street at 411, I believe the address is,

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that's a two-family dwelling. Again, just some more photographs. This is a little bit clearer

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than the prior one, showing you the dilapidated condition of the building. Neighbors on the block

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are happy that it's being renovated, actually torn down, frankly, and then rebuilt. Again,

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we're looking east uh on jefferson the multi-family is across the street at 411.

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that's the corner property the new brick and also another corner property that is multi-family

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this is just a close-up of the property adjacent to our property to my client's property zony notices

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again just more perspective photographs and this is the proviso form indicating the changes that

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we made uh we revised the building to four stories still keeping underneath the 38 foot

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height limit but the idea was to have one floor living for each of the occupants which

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makes it a nicer amenity and a nicer space to enjoy for a small family or for a couple

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or an individual if need be.

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This is the property here.

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We're adjacent to CMX1.

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And as I said, it is in an RSA 5 zoning district, and there's a park at the rear.

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So I'm going to ask if Kevin O'Neill can be unmuted, Mr. Chairman, and have him walk

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through the plans because I think he can give a very detailed description of what's happening here.

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Okay. Good afternoon. This is Kevin. Do I need to be sworn in? Kevin, please state your name

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and spell it for the stenographer. Kevin J. O'Neill, O'N-E-I-L-L. Do you swear or affirm

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to tell the truth, told truth, nothing but the truth? Yes. Why don't we start, counsel? All right,

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Kevin, you drew these plans, you designed this building, correct?

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Correct.

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Okay.

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And just wanted to walk through the plans.

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I'll be the, you know, handle the cursor.

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You tell me what plans to go to, and then we'll explain what's going on for the board's purposes.

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So maybe you want to start with this page?

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Sure.

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So this page is our site plan showing the site and the adjacent structures.

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You can see we have a building on the right that we're building next to.

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And then we have a series of buildings on the left where we have the rear yards that are abutting the left side of the property line there.

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This is a four-story structure, but we are maintaining the 38-foot height limit for RSA 5.

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Also worth noting, I believe there was an existing curb cut on this block, which is going to be eliminated as part of this proposal.

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So we're not taking away any on-street parking.

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We're actually adding approximately one on-street parking space with this updated scheme.

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And then, Kevin, can you explain the walkway that you have from the front to the rear for the trash enclosure?

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Right. So this is a four-story structure.

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We are required to have two stair towers, and we also need to have egress from the rear of the building.

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So at ground level, we have a compliant egress alley three feet wide,

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and that's accessible to the back behind the property, which allows for egress, trash storage, bike storage, things like that.

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And is this the egress you were just talking about, Kevin, on the right?

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Correct.

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Okay.

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This is just a front view of the facade.

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Yeah, this is just a front view of the proposed building from Jefferson Street.

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As you can see, we've got the egress alley on the side that we just discussed.

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And then two entrances, because the building does have two stair towers.

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There are no projections into the public right-of-way.

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It's a fairly simple flat facade with no balconies or bays or anything like that.

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uh balconies or bays or anything like that and we also don't have any uh step encroachments onto

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And we also don't have any step encroaching.

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onto the sidewalk as well um the ground floor of this building is is built right at grade

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so this view is an aerial view again shows the front of the building and then also shows the

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the depth and how we relate to the adjacent structures um also note there is a roof deck

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on this building but it is not a shared roof deck it would only be accessible from the upper level

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unit. So these three diagrams are our basement plan, our first floor plan, and our second floor

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plan. Worth noting, there's no habitable space in the basement. That space in the front is optional

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for building mechanicals and tenant storage, but there's no living space in the basement.

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The back half of the basement is just slab on gray that will be unexcavated. So there's only

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a partial basement, no living space here. Also of note, the previous scheme, we did have living

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space in the basement, along with egress wells out on the sidewalk. And that was one of the

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negative comments that we received was that wasn't really appreciated by the community group. So

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that's been eliminated from this scheme, and there's no longer any living space in the basement.

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Beyond that, it's a fairly straightforward layout. There are four two-bedroom apartments,

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and they all share a very similar layout. You can see these are sort of a T-shaped

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arrangement you've got two bedrooms in the back with bathrooms in between and kitchen living and

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dining in the front so these are are fairly flexible adaptable units for several different

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living configurations could be you know one or two one or two inhabitants or even a small family

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they are set up nice so that you have some privacy between the bedrooms and then we do have ample

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light and air for all of these units for not only the bedrooms but obviously the kitchens and the

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bathrooms as well I'm sorry kitchens and living rooms as well which are which are towards the

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front on Jefferson Street and then Kevin on the second and third and fourth floor units you have

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a separate trash closet for each dwelling correct there is a closet for temporary storage and then

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all of the residents would have access to that outdoor trash storage behind the building so the

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idea there is that you know trash bins wouldn't be stored out on the public sidewalk this is the

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third and fourth floor again very similar layout the second and third floor I believe are our

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typical layout the fourth floor because it has that access up to the roof deck there has a little

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bit more space but it's essentially the same layout with the two bedrooms in the rear and

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kitchen, living, and dining in the front. So this is our building section. Hopefully

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this sort of summarizes what we just talked about. We've got the one unit per floor. The

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basement in the front half of the building is just for mechanical and storage only. We're slab

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on grade in the back. And then the pilot house structure that you see up at the top roof deck

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is just access for the fourth unit on the fourth floor. It is not a shared roof deck.

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We have front and rear elevations here. Hopefully this just shows roughly where our floor datum

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lines come in, grade first, second, and third, and fourth floor. And then rear elevation as well,

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which would be from the rear side.

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We've got large floor-to-ceiling windows on all these units.

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So, again, we're really trying to maximize light and air.

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And hopefully we'll have spacious layouts that are well lit with daylight.

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Now, Kevin, you know this is an RSA 5 zoning district.

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Could you and your client and my client consider single-family homes on this piece of land?

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despite the fact it was used as a garage for all those years?

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Yeah, it was briefly considered.

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We felt that this was a better use of the site just in terms of we'd end up with approximately the same number of bedrooms.

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And this gave us a little more flexibility with, you know, being able to rent these to different family configurations.

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So I think that was important when we were looking at the zoning regulations.

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and then you said the community group did raise objection to basement living the front window on

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