civus
Hearing video

ZBA Hearing - August 30, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Aug 30, 20233h 48m

in the 15-foot front yard measured from Birch Road. Our Vice Chair has just a few questions for you,

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okay ma'am? Sure. Good afternoon ma'am. Have you emailed in all the required documents and

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exhibits that are needed and required to proceed with this case five days in advance of this hearing?

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I did. The only thing missing was the tax clearance, which I have, because I was having revenue problems. My social wasn't linked to the property, so I couldn't get one, but I did get one yesterday, that one in person.

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Thank you. Please proceed and share your screen.

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you're coming up there you go

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so tell us what you what what you're trying to do what you want to do here

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let me put this oh okay so well this is before i got my clearance i just wanted to show something

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that I didn't owe any taxes on the property.

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Okay.

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okay um but this is the actual tax clearance letter that i got from miss um reynolds

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But this is the actual tax clearance letter

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that I got from Ms. Reynold's.

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supervisor that's current department

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you let me know when i can move on yeah well you're going to put the letter up you got it you

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got a tap on the letter for it to come up it's not up oh okay we see we're good okay um

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Um, this is the, my refusal application.

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Okay.

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And attached is the appeal application form.

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Okay.

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And the project information form as well.

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So why don't you show us some photos of what it is?

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Okay.

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I'm sorry?

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Could you show us some photos?

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oh sure i'm sorry so this is the property these are the pictures of the property

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so that's the deck on the side of your house right okay and the next one is but that's the side

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this is where they're saying i don't have the feed that i needed they're requesting um i only

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have four or five and i need i think that we need 9 15 i'm sorry so this is the space right there

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that's why it's being rejected okay this same side for another view

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this is the other deck where is the pergola it's like a stand basically for the pergola okay

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that is another view

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and this is another view

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or the other deck

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okay

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so the deck's around the pool

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there's a deck around the pool

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yes

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and there's the one that is

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next to the house

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okay

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basically

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that's the distance there right that is the distance between what you guys request well

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city 50 feet now he has seven actually out of it all right here is the buster okay information

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uh poster this is this was today that i took it since you guys need to see the date on it

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okay and this is the one when i posted on august 5th okay um this is the meeting letter that was

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provided for the community did the parkwood civic association ever give you a letter

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they said i will send it to you guys because it wasn't and that was in that was in may

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that was and let me read the letter yes may 23rd the only thing that i got that i took a screenshot

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on facebook because i found it it was something saying that they approved mine but i didn't get

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any letter okay okay this is yeah and quick question so there's are there other people

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in your area that have decks similar to this yes okay questions from the board

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no chair no chair chairman questions or comments from the virtual audience

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Mr. Chair, this is Hillary. I have just a couple quick questions. Thank you. Ms. Sanchez, the last two photos you showed of the poster on your door, we didn't receive those. We only received the first photo that you showed. So if you could please send those in for the record.

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yeah we only have this is the only one we received we didn't have the other two

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timestamped photos if you could please send those that would be great um and then my my question is

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the refusal references and addition as well as the the two decks what what's the addition that

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it's referencing so the addition is this one um and and of course i can look on my oh yeah it is

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this one right there yeah i think what they're saying the top the top part is an addition yes

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that's the addition okay okay thank you questions or comments from the virtual audience

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mr chair i do not see any hands at this time planning commission thank you chair bergman

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Thank you, Chair Bergman and board members.

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and board members david vecto with the city planning commission

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David Vecto with the City Planning Commission.

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and

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The comprehensive plan recommends no change to the residential single-family zoning at this location.

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The appellant appears to have built a deck in the required front yard without benefit of permits.

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The City Planning Commission recommends the board deny the proposed variance.

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Okay, thank you.

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MI 2023-001-744-12011, Medford Road, I vote yes.

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Thomas Holloman, my vote is yes.

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James Snell, my vote is yes.

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Ishmael Shaheed, my vote is yes.

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Thank you.

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Ma'am, you have your votes.

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Thank you so much.

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Okay.

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Bye-bye.

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All right, we're going to go to number one, MI 2023-002-348-3501 Civic Center Boulevard.

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Jarrett Klein is the attorney.

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A letter of support from the Southwest Philadelphia District Services, and Council Member Gauthier supports the granting of the variances.

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He'll be coming back in as a panelist.

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Hi, Mr. Klein. Could you state your name for the record, please, and spell it?

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Certainly. It's Jared Klein, J-A-R-E-D. Last name is Klein, K-L-E-I-N, from Black Rome, 130 North 18th Street.

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Do you swear or affirm to tell the truth, told truth, nothing but the truth?

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Yes, I do.

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our vice chair has just a few questions sir certainly good afternoon counsel do you agree

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to waive the reading of the refusal and stipulate to its accuracy good afternoon yes i do have the

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email done all the required documents and exhibits that are needed and required to proceed with this

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case five days in advance of this hearing yes sir we have thank you please proceed please proceed

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to share your screen. Thank you. So I am pleased to be here on behalf of the Children's Hospital

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of Pennsylvania. And this application is for some temporary construction signage

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that is accompanying the construction of the new patient tower within CHOP's campus.

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Just to refresh the board's memory, the new patient tower itself was here before you,

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I believe in June of 22. And this was the plan that the board had very graciously approved

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variances for at that time. So we're now at the part where we are trying to build this new patient

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tower that was approved by variants last year. As the board can see, this is a fairly large

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structure that is a complicated construction undertaking. And so the signage that we need

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for site safety and site security needs to be a little bit more involved and to remain there a

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little bit longer due to the size of the construction than what the code allows. So the

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refusal that we received, as you can see, it's for the number of allowable signs and maximum

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allowable signage. Generally, the code allows signs for construction for a period of six months

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or less this build is going to take longer than that um and that's really the basis for the

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hardship for the variance is the length of time that we need to construct this building

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is going to take a lot longer than than how long the code allows us to have the temp signage

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this is the area here just to familiarize the board with the the context of the area

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and this is our site here photos of posting uh are are here along with other permits that have

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been granted. And there is a set of proviso plans that are in our exhibit package, exhibit five,

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two pages that we'd asked the board to stamp today. What these proviso plans do is actually

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decrease the amount of signage that was being asked for. So these plans, as you can see in the

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red, they're being removed. This is the area of the signage that we're seeking approval for now.

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And the signage generally is of a bright, nicely colored design to blend in with the aesthetic of the area, so it doesn't look like construction signage.

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That's the idea here.

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To give the board a sense, these are some renderings of what the temporary signage is going to look like along this fence.

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Information about the building and information about the project.

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And, you know, generally more aesthetically pleasing signage than your standard construction screening.

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We, as I think that the chair mentioned, as I was coming in, we did meet with the Civic Association and they understood the context of the need for additional signage and their letter of support is here for the board's review.

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And at this point, I would ask Peter Grohlman from CHOP to raise his virtual hand so that he might adopt my testimony and answer any questions the board may have.

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And at this point, I would ask Peter Grohlman from.

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They've been allowed to speak.

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Sir, could you please state your name and spell it for the court stenographer?

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Sure. Good afternoon. I'm Peter Rollman, G-R-O-L-L-M-A-N, Senior Vice President, Children's Hospital of Philadelphia. I doubt the testimony is true, correct?

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Hold on one minute. Do you swear for him to tell the truth, the whole truth, nothing but the truth?

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I do, Mr. Chair.

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Thank you. Proceed, counsel.

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Peter, I love your enthusiasm.

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Did you have a chance to listen to my presentation and do you adopt my statements as true, correct, and your own if you had the chance to speak more?

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Yes, I do.

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Thank you very much.

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Mr. Chair, we're happy to answer any questions.

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Questions from the board?

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No, Mr. Chairman.

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No, Chair.

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Questions or comments from the virtual audience?

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i do not see any further hands mr chair planning commission thank you chair bergman and good

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afternoon david vecta with the city planning commission uh mr chairman and board members

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the comprehensive plan recommends no change to the commercial mixed use zoning at this location

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the appellant seeks to erect more than the number of freestanding signs allowed for lot frontage

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and larger signs than are allowed city planning commission recommends the board grant the

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proposed variances but we would recommend the board place a maximum time limit on the approval

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um mr client did you say two pages yes okay all right um am i

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am i 2023 002 348 3501 civic center boulevard i vote yes revised plans

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with proviso. Revised plans, two pages stamped by ZBA, August 30, 2023. Thomas Holloman, my vote is

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yes with proviso. James Snell, my vote is yes with proviso. Ishmael Shaheed, my vote is yes with

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proviso. Thank you, Mr. Klein. Thank you very much. Enjoy your afternoon. Number two, MI 2023-002-333-3848

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Aspen Street. Alan Nockamson is the attorney. There's a recommendation of support from the

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Mantua Civic Association. No explanation given. Also, the applicant has provided a petition and

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support signed by approximately 13 neighbors. Good afternoon, Mr. Chairman. Mr. Nockamson,

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you've already been sworn. Could you just state your name for the record? Alan Nockamson.

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And could you identify your client in this issue?

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Yes, my client is Hidmona, Inc.

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Okay, and our vice chair has a few questions, sir.

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Good afternoon, counsel.

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

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I do.

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Have you emailed in all the required documents and exhibits that are needed and required to proceed with this case five days in advance of this hearing?

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Yes, we have.

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Thank you, counsel.

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So please proceed and share your screen.

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Thank you.

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Hi, so I'm here to present 3938 Aspen Street.

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We're looking to put a two-unit dwelling on this rather large lot of over 1,441 square feet.

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and this lot also has a history of a duplex use. So in my presentation materials, we'll first review

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the notice of refusal, then a letter of support from the Mantua Civic Association where no one

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in the audience, which this was an in-person meeting, was against this project. I also have

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the use registration permit showing that this property has a long history of multifamily use

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And then it's not uncommon for properties in close proximity to this property to have multifamily variances as well, and we'll review that.

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In addition to the people that attended the community meeting, my client canvassed the neighborhood and obtained many signatures of individuals who live in close proximity to this property, and you'll see that by way of the petition.

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Maps of the area.

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So we're basically at the corner of Aspen and Union Street.

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But you'll see that from a zoning perspective, as well as a Google Maps perspective.

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But you'll see that from a zoning perspective as well as a Google Maps perspective.

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We have ample, as you can see from the Google Maps, you'll see ample public transportation available to occupants of our proposed duplex.

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Photographs of the property and the surrounding area, our plans and drawings, our RCO meeting notice, our application for appeal that we filed on behalf of Hidmona, Inc.

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the deed showing that Hidmona, Inc. is the owner of the property, and our Certificate of Tax

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Clearance. At the conclusion of the presentation, I have one of the principal members of Hidmona,

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Inc., who I would ask to virtually raise his hand, be sworn in, and I have a few questions

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for him about my presentation about this matter. So first things first is our notice of refusal.

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Also, we are seeking to have a two-family dwelling here.

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And unfortunately, in this zoning district, multifamily use is not allowed, even though

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this lot is 1,441 square feet, even though there's a substantial history of multifamily

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use.

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So we did meet with the community, and the community was overwhelmingly in support of

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this project.

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While they did not give a reason to the ZBA, they thought it was appropriate use of the

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property given it's a long history and of multi-family use as well as surrounding

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properties nearby which are multi-family in nature as well and then here's our use permit

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which shows that this property has been used in the past uh for a two-family dwelling

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and then you know we also looked uh and canvassed the neighborhood only a block away from this

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property. And there's several examples of RSA 5 properties that also have a history or have

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received support from this board to allow for multifamily use. 3844 Fairmont, which is a block

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away from us. 3900 Aspen Street, which is on the same block as us. 3941 Fairmont, again, we're a

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block away. 3931 Fairmont, 3929 Fairmont, 769 North 39th Street, which is a block away, and 3974

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Reno Street. And then again, my client made a conservative effort to do a significant community

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outreach. And as you can see, many of these addresses are either on the block or the next

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block up on Aspen Street. And then maps of the area. Again, although we are an RSA 5 property,

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we are in close proximity to some RM1 use. And again, it's not uncommon for a lot of this RSA 5

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use to be used as multifamily in nature. And then this is just a map from a Google perspective

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of where we are in the neighborhood. And you can see we're not that far from Lancaster,

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which is the commercial corridor. So this increased density should help that commercial

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