civus
Hearing video

ZBA Hearing - May 19, 2021

Philadelphia Zoning Board of Adjustment (ZBA)May 19, 20215h 35m

to minimum lot size or open space.

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So here's a letter you just referred to, Madam Chair,

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indicating that there's support

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of the Belmont Alliance Civic Association,

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nine support, one oppose,

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and then two are non-opposition.

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So it's really a vote of 11 to one

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in support of the proposal.

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And the proposal is that this building,

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and I'll show you an L&I certification,

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it's really legally permissible to have eight units in this building and our proposal is for

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four units. So this is Lancaster Avenue right here. This is Wallace Street and this is 40th

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Street. And this is a standalone building with a spacing between the building next door. And

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there's an institutional building across the street and some open area here. This is looking

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toward Lancaster Avenue in the back. This is the side of the property, the front. It has a nice big

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rear yard where there are trash storage containers which are then placed on the sidewalk

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during trash day this is a shot of the rear of the property there's an entrance in the rear

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as well as an entrance in the front that's a photograph of the front of the building

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again just some interior interior shots to show you the condition of the property on the inside

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so the plans are i have the floor plans for each and i'll run through these quickly the basement

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they're just mechanicals there's no living space on the in the basement at all the first floor

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we have two bedrooms and one bath the second floor we have a studio a studio and two bedrooms

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and one bath and on the third floor we have two bedrooms so we're asking for four units

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and I want to get to the history of the building, which will help you.

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So this is the zoning map.

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That whole block there is CMX2,

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but there are other residential properties in that triangle.

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I do have my final line, Amelia Carter,

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who I'll ask to adopt my testimony after a minute.

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This is her certificate of mailing.

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And this is what I was talking about, Madam Chair,

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that when Ms. Carter had the property,

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she filed for a certification statement and it came back as eight family dwelling units. Now,

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when she purchased the property, there was one family living in there, but using it as four

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separate apartments. So she's not looking to go to eight. She's looking to keep the property the

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way it was, which is four apartments with a common hallway to get into.

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four apartments with a common hallway to get into the building this is our commercial license

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again just showing you some of the permits that she's already gotten from the building

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okay you know what i'd like to jump ahead and ask is there anyone

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in the virtual audience who has questions

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i see no hands madam chair okay is there anyone on the board that has questions no no no

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planning commission thank you madam chair ian hegarty for the philadelphia city planning

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commission the comprehensive plan recommends a zoning map change to cmx 2.5 at this location

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So the proposed use and unit density are consistent with the proposed zoning.

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Since the property is an existing non-residential building and it does not face Lancaster Avenue,

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providing residential space at the ground floor would present an unnecessary hardship.

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And so the City Planning Commission recommends that the board grant the variance.

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Thank you.

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Calendar number 04.

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I have my client adopted testimony just for the record.

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Oh, you sure may.

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I'm sorry.

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Okay.

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Can Amelia Carter be unmuted, please?

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Ms. Carter, you may unmute yourself and please wait for the chair.

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Ms. Carter, are you unmuted?

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Yes, I believe so.

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Hi, Ms. Carter, can you put your name and address on the record and spell your last name?

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my name is amelia carter uh the uh c-a-r-t-e-r and the address is 618 north 40th street

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philadelphia pa 191 sorry okay go ahead go ahead i was interrupting you and i apologize

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um and that's that's it okay do you swear or affirm to tell the whole truth and nothing but

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the truth? Yes. Okay, Mr. Clinton. Thank you, Madam Chair. Ms. Carter, you were on the Zoom

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call during my presentation, correct? Yes. If you had the opportunity to testify, would you adopt

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my testimony as your own and as true and correct? Yes, I would. Thank you, Ms. Carter. Appreciate

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it. Thank you, Madam Chairman. Thank you. Calendar number 0456-618 North 40th Street. My vote is yes.

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my vote is yes my vote is yes my vote is yes thank you very much thank you that concludes

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the madam chair no yes sharon um i was going to ask there um there was a case on the add-on list

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for 5210 arch straight you were going to simply a vote with the rco letter read into the record

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you were instead going to do that at two o'clock but we have now received the rco letter it's very

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brief i could read it if you would like to vote this now okay that would be great i'm gonna let

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me call the case calendar number 3413 5210 arch street you may proceed um dear chairman the 44th

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ward rco held a zoom meeting on wednesday may 12th 21 2021 at 6 p.m to discuss the above mentioned

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project the purpose for this meeting was to hear the owner's plans to change the property to a two

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family household the applicant team was present and made a presentation after a full discussion

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we voted to support the project and that is from the 44th ward democratic rco signed by

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willie jordan the ward leader i apologize for this barking dog uh calendar number 3413

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5210 Arch Street. My vote is yes.

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My vote is yes. My vote is yes. My vote is yes.

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Thank you. And thank you, Ms. Saleta. You're welcome. Chair, if we could also ask if anyone

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is waiting for anything they believed was going to be called this morning. Okay. Is there anyone

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in the audience waiting for a case they thought would be called this morning and has not been

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called. Madam Chair, we have Vern. You've been unmuted. Please wait for the chair.

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verne can you hear me yes can you hear me madam chair uh yes uh name and address please

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avert anastasio 1315 walnut suite 1006 philadelphia uh this is just regarding 5210

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arch i just wanted to thank the board and attorney soletta for uh for uh putting

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that up for a vote we had just received

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that up for a vote we had just received

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thank you you're you're you're breaking up but we thank you for thanking us and for

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especially thanking Ms. Saleta thank you have a nice day sure you too

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Sharon does that now officially

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i think that's it okay cool thanks so much see everybody at two

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all right you got it thank you sure

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bye ian

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adjustment i'll be participating in today's hearing along with our vice chair miss carolton airy

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our board secretary confessor plaza and board members Mr. Thomas Holloman and Mr. James Snell

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our board administrator Fatina L and our board attorney Ms. Sharon Saleta are also in attendance

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for those of you who haven't yet participated in one of our virtual hearings I'll go through

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some of the basics of what you can expect first we will be administering oaths to individual

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participants prior to their testimony second we'd like to advise everyone that this proceeding is

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being recorded and that by participating you acknowledge your agreement to be recorded

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and the recording will be made available to the public on the web or otherwise. Third for anyone

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participating by phone if you wish to testify you must raise your hand by hitting star nine

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and then star six to unmute yourself. I'll repeat for anyone participating by phone if you wish to

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testify, you must raise your hand by hitting star nine and then star six to unmute yourself.

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Finally, to enter an appearance statement, call Google 267-270-5548 and leave your email address

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and the address of the property at issue. I'll repeat that. To enter an appearance statement,

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call google 267-270-5548 and leave your email address and the address of the property at issue

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i'd also like to remind everyone please do not attempt to testify in the chat all comments

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should be directed to our board administrator miss fatina l with that i believe uh we can begin

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Carol, you'll do the first one. I was not here for the first add-on.

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Okay. Calendar number 3326, 265 East Porter Street. The attorney is Matt Monroe.

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Chair, I promoted Matt Monroe to panelists. He may unmute himself and please wait for the chair.

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Hi, Matt. Can you put your name and address on the record and spell your last name, please?

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Sure. Matthew Monroe, M-O-N-R-O-E, 2030 Pemberton Street, Philadelphia, PA-19146.

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You swear for him to tell the whole truth and nothing but the truth.

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I do.

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Am I waving also again, Frank? Frank's not.

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Or is this just a... No.

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Yes, he doesn't have to answer the questions. You can go forward.

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Okay. Okay, you may proceed.

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Good afternoon, Chairwoman Tenere, Chairman DiCicco, members of the board.

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I'm here today with my client, J.P. Donahue, and his business partner, Steve Marzell, I believe, are also online.

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We're here today on a resumption hearing that started back in early April.

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This was actually our second. The April meeting was our second meeting before the zoning board.

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We were continued pre-COVID, and so here we are basically a year later.

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Here's the, and if I can, I'll just go ahead and share my screen just to quickly kind of review where we are and how we wound up here today.

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This is an application related to 265 East Quarter.

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It's a massive property of paved, impervious land.

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it's nearly 9,000 square feet. The property spans a wide distance between East Quarter Street going

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back there toward East, it's Philadelphia, Atlanta Street, and then on the other side you see Crossin

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Street and then it's by Chu Avenue. This area right here at the corner of Chu, this is an

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auto mechanics and then there's single single family homes here along Chu and also single

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family homes here on Crossin. Right here on this portion of the lot there is an old retaining wall

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and we'll just go quickly down and here's a view that you can see from 265 East Hoarder the entryway.

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And here's a few that you can see from 265 East Hoarder, the entryway.

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Basically, my client has been meeting, has met with the RCO on a number of occasions, both informal and informal meetings.

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Before our first hearing at the Zoning Board, I believe my client had two or three informal meetings with near neighbors and members of the RCO.

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We had two presentations to the RCO before January, February 2020 hearing.

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And at that hearing, Chairman DiCicco suggested that we go back, look at the plans to see if we can come back with fewer units.

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This is, like I said, it's a 9,000 square foot lot.

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My clients originally proposed to build six single-family homes along the lot.

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And so the refusals that we received were related to the number of single-family homes on the property and the dedicated parking, which would be accessed by a drive aisle.

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um basically the um uh it because of the large size of the lot um you could if this were

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properly subdivided uh facing a street you could fit six single family homes on the lot and that's

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why they had initially proposed six uh but um after some of the meetings of the neighborhood

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the density came up as an issue uh they were concerned about the uh the narrowness of the

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dry vial and a few other issues. At the meeting, there were a number of non-zoning related issues

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that came up that frequently do. The lot had previously been, it's never been used. And I

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think if you want to look for a hardship, look no further than the fact that the property has

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never been developed. It was once last licensed for a bicycle shop on a temporary variance that

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lasted one year. And forgive me, I don't remember the exact decade. It was sometime between the

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50s and the 60s, I believe, but that was the last time that there was any license used. There was

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a number of people who used it for parking. It wasn't regulated or maintained by the last owner.

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My client acquired it and sought to just develop new construction, single-family homes in an area

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of East Valley area that would be to the market and offer a new product online for people who

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haven't seen a lot of new construction in the area for some time. At the last meeting, we brought

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revised plans that have the number of units brought down to from six to four that also seeks

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to widen the dry vial, which addressed one of the RCO's concerns about the project. And we moved

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the footprint. It was because that these changes were made that the RCO wanted some additional time

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to review the plans, and so my client agreed to review them. They did have a meeting in between.

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I think that it wasn't an official RCO meeting, but the RCO convened a hearing, invited all the

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near neighbors. I think two showed up. My clients, again, presented their plans, and some of the

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questions that were raised at that meeting uh primarily were um there were two zoning related

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issues and i think it was outlined in the letter that i received yesterday um i wasn't able to see

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it uh until this morning because i was working as a judge with elections in my ward uh but the um

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the uh the letter effectively uh requests uh two changes uh in the event that the board uh

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elects to pass the the variance and those changes are one removal of the of the pilot house in the

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roof decks my client will agree to do that and if the board passes that we would accept a proviso

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from the board for no pilot house and roof decks the other request was to move the footprint of

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the homes up three feet, which we consulted. JP Donahue is one of the members of the LLC

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that owns the property and is going to be developing it. JP is also an architect and

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looked at the ability to move the homes. It just doesn't work. There is a right-of-way

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back here that provides, you know, a buffer between these homes and the homes along Chew

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avenue uh but if he was going to move this up any more it would be encroaching on the dry vial and

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one of two things would have to happen one uh in order to maintain the uh the width of the dry vial

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so the cars could access it uh they would either um it would either be too narrow or they would

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have to look at taking down this retaining wall and that was another issue that the um that the

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taking down this retaining wall. And that was another issue that the neighbors at the RCO

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I'll see you later.

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meeting expressly said they did not want the wall taken down. So in order to make these homes fit

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and make it work, they would need to keep the homes where they are. But they are willing to

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remove those pilot houses and roof decks.

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um and matt can i interrupt you for a minute i apologize i knew you were under oaths from before

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but do you swear or affirm to tell the whole truth and nothing but the truth um from here

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on forward and from here backwards yes and uh it was my understanding i guess that the uh the

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prior oath was was um uh was still standing because this was a resumption hearing but but

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But yes, let there be no mistake that I swear I'm telling the truth.

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Okay, thank you.

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And so this is, so I guess just in summary, if this were, and here's the unique characteristics of a lot, it's just extremely narrow and extremely deep.

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You saw that first picture at the beginning.

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there's these, there's this existing curb cut that they're seeking to utilize. Sorry. Yeah,

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there it is. This existing curb cut that they're seeking to utilize for the homes. The homes would

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be over on this side. Over here is the retaining wall. And just to be clear, this is the other,

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one of the issues that the RCO raised at the original meeting was concerns about there

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being additional pervious surfaces well as you can see this is already an existing asphalt lot

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aside from some cracks and breaking in the lot it's it's pretty much an impervious surface to

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begin with this would actually be adding a lot of green space with the reduction especially from

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the reduction of units from six to four and it would in it would enable them to get in a number

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of homes. There is absolutely no material impact on the light or air of the adjacent

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homes. There's absolutely no, that there wouldn't be otherwise from a buy right project. There

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