civus
Hearing video

ZBA Hearing - March 30, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Mar 30, 20225h 59m

19 and then our 14 303 notice that now to i believe 105 uh destinations addresses including

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the planning commission here's providing the community group meeting that was held with ecna

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and our zoning board hearing for today copy the notice of refusal and then here's a certificate

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at 105 mailings. With that, I would ask that our exhibits be entered into the record, and I would

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ask that I be allowed to have the architect and the owner adopt my statements. And again, either

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Logan Dry or Josh Matthew, if they could identify themselves and just be promoted to panelists and

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sworn in please state your name and spell for the court reporter

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sure logan dry l-o-g-a-n-d-r-y kca design associates 6525 tulip street philadelphia pa

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you swear a firm to tell the truth the whole truth and nothing but the truth

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Do you swear a firm to tell the truth, the whole truth, and nothing but the truth?

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i do

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I do.

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So,

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Proceed.

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Logan, did you hear the statements I made to the board today?

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Yes.

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Are they true and correct to the best of your knowledge?

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Yes.

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Do you adopt them as your own?

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I do.

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And is there anything you'd like to add at this point regarding what we're proposing?

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No, I think you covered most of it.

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You've covered all aspects of our design, some of the hardships, and the overall context pretty well.

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So nothing I'd like to add at this point.

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Okay, you're available for questions.

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So then if Mr. Matthew can be sworn in, please.

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Could you state your name, please, and spell for the court reporter?

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Josh Matthew, J-O-S-H-M-A-T-H-E-W.

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

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Yes.

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Proceed.

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Josh, did you hear the statements I made to the board today?

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yes sir and are they true and correct for the best of your knowledge yes would you adopt them

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as your own yes and is there anything you would like to add to the board no thank you questions

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from the board no mr chairman questions or comments from the virtual audience

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i see no hands chair planning commission

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Good afternoon Board, Peter Bernard for the Planning Commission.

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The comprehensive plan recommends RM1 multifamily and RSA5 single-family residential zoning

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at this location.

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While we have no objection to the proposed use, RM1 would only allow 16 units by right.

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Accordingly, the Planning Commission recommends the Board approve the variance, but with a proviso for a reduction in the total number of units.

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Okay.

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And again, you know, you have the industrial uses across the street.

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You have more units than what we were proposing at the end of the lot.

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It's a very mixed line.

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Thank you.

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MI-2022-00034-2151-61 East Albert Street.

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i vote yes with revised plans of three pages carol tenary my vote is yes proviso

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thomas holloman my vote is yes with proviso ishmael shaheed my vote is yes with proviso

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thank you thank you that concludes my business may be excused yes thank you mi 2021 003661 3140

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clifford street do not see a letter from the rco as of yet michael michelhanie um chair we actually

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have since the summaries went out we did receive a letter from the rco it is in support but i

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believe with the proviso requesting no um no decks or okay thank you thank you very much

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Mr. McElhenney. Yes good afternoon Mr. Chairman. Hi Michael McElhenney. Yep state your name and

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spell please for the court reporter. Michael M-I-C-H-A-E-L McElhenney. M-C-capital I-L-H-I-N-N-E-Y.

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Do you swear for him to tell the truth the whole truth and nothing but the truth?

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Yes, I do.

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Could you identify your client and their relationship to the property?

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Yes, Mr. Chairman.

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I'm here on behalf of the Black Real Estate Investors Network, LLC, and a member of that LLC, Mr. James Page, Jr., is here on behalf of the company.

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They are the equitable owners of the property.

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Mr. James Williams is the owner, and we're here under a letter of authority to seek the zoning as part of the acquisition.

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Thank you.

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So our vice chair has a few questions for you.

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Hi, Mr. McElhoney.

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

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I can stipulate to the majority of the accuracy.

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There's one scrivener's error.

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There's a fence at the rear of the property, whereas the refusal references a fence at the front.

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But otherwise, yes, the refusal is accurate.

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Okay.

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And it appears that you've submitted all the required documents timely.

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Is that correct?

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That is correct.

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Okay, you may proceed and share your screen.

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Good afternoon again, Mike McElhenney.

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Good afternoon. Again, Mike McElhenney on behalf of the Equitable Owner at Black Real

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Estate Investors Network for the property at 3140 Clifford Street, where we are seeking a

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two-family use at the existing, at the property, a new construction structure.

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As a preliminary matter, I'd just like to run through some of the prerequisites

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that at Exhibit 11, a copy to the subject property is attached, the deed.

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um exhibit 12 is the owner's authorization letter to allow us to file the appeal to the zba

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exhibit 13 is that is the appeal form to the zba the property has been properly noticed as

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indicated by exhibit 14 and the photographs attached there too i'm sorry yes may you

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thank you enlarge the screen thank you kindly

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there we go let's drag this over

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okay at exhibit 15 are the rco 14303 notices we did meet with the strawberry mansion community

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development corporation twice once on december 2nd 2021 and the community was in support of the

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use variances and the dimensional variances but did have some stylistic design changes

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to the project. And to take those comments into consideration, we did meet with them again on

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February 24th and incorporated all the community's changes. Also, in advance of that second meeting,

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my clients went out and met with all the near neighbors and provided a rendering addressing

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all the changes that the community addressed at the first meeting so that people had advance

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notice of that we've addressed all the concerns. The tax clearance for the property is at

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exhibit 17 and i did zoom out trying to log in as a panelist but the strawberry mansion cdc

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did send a letter they titled it a letter of non-opposition um but as you see from the letter

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it's really a support letter it's 13 in favor one opposed three abstained and of the rcos

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to support it to abstain one of which was the 28th ward rco which isn't technically within

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the boundaries for the subject property. As was mentioned, the community did reference they did not

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want roof decks at the subject property, and they asked that I send written confirmation that there

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is no roof deck as part of this property, no roof deck access structure, no pilot house. Although

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not a part of my exhibit package, I did send a follow-up letter on February 24th to Net-A-Gram

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just explaining and making it clear and we're okay with the proviso if it made the the board

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comfortable in the community that there is no proposal for a roof deck no roof deck access

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structure no pilot house and i think a lot of that was there was a meeting before ours that

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was very contentious regarding a pilot house and roof decks but that is not a part of our

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application exhibit two is the refusal for the subject property and as i previously stated it's

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an application to erect a new construction structure at the property, which is currently

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a vacant lot, and for use as a two-family dwelling with a one-place surface parking

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space at the rear. The proposed development creates six refusals. Two are use. The property

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is known to RSA 5, so multifamily, the two units, creates a use refusal, and off-street

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parking in the rear yard is a use recusal as well. The uses that we're requesting here are in keeping

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with the conditions of this block of Clifford Street in the neighboring area, as you'll see

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from the photographs. The other restrictions use, or I should say zoning recusals, the building

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height. Our proposal is for a 37-foot high building. Strawberry Mansion recently enacted a overlay

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limiting height to 35 feet. In some cases, that makes sense. On blocks such as this, where there's

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existing structures were matching the existing structure at 37 feet, and the community understood

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that and was in support of our proposal. We do have small dimensional variances from the porches.

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Our porch is a few inches in discrepancy from the neighboring porch, whereas they're supposed

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to match exactly. It's a difference of about three inches, and there's reasons for that in

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terms of avoiding underpinning at the subject property so it's a small dimensional change that

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we're requesting and at the rear of the property as you'll see on the zoning plan there are decks

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off the rear of the property and those decks the support posts are within the 18 inch buffer between

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the property line and my client's property the posts are within the prop my client's property

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they're not on the property line but they do create a little bit of an encroachment into that

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buffer area to allow for full parking at the rear stairs exit.

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to allow for full parking at the rear stairs exiting the rear and the um we did speak with

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the neighbor next door and they had no concerns and again this was the discrepancy the fourth

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dimensional refusal um referenced the fence at the front of the yard it's there's actually

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a fence at the rear around the parking that is a five foot fence whereas a four foot is only permitted

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by code. Exhibit 3 is a zoning map for the subject property. I'll zoom in. As you can

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see, the property is on the south side of Clifford Street with 32nd Street to the west,

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31st Street to the east, and West Hollingsworth Street to the south.

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And two blocks to the west is also Fairmount Park, 33rd Street, Fairmount Park.

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looking at the a map view of the the same exhibit exhibit three you'll see the subject property is

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the the blue dot on the screen this block the 30 30 100 block of clifford street is marked by

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a lot of vacant land there's approximately 22 vacant parcels as you can see on the screen

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on both the north and south side of the property of the block of these properties on the block that

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occupied many are existing multi-family two and three unit dwellings and there's also a decent

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amount of abandoned properties on the block so this is a block that is in need of rehabilitation

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as referenced in the strawberry mansion letter they are encouraged to see redevelopment efforts

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coming to this block clifford street exhibit four to orient the board to the existing conditions of

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the property is an aerial map and as you can see the block consists mainly of three-story structures

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and with a lot of vacant land in between most of the houses.

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This is the south view, and you can see West Hollingsworth Street behind.

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Most of the properties on Hollingsworth Street, as you see, have all-street rear access parking,

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which, of course, creates a refusal in this zoning category,

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but Hollingsworth Street itself does not have parking on it,

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which is why the majority, if not all, of the properties have all-street parking at the rear.

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looking at the second photo on the same exhibit four is just the rear of the subject property

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which is a vacant lot and as you can see each property on either side of my client's property

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is used for the off-street rear off-street parking as are properties further down the block

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and on west hollingsworth street which face cecil be more av

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so the current the property at issue on exhibit four exhibit five shows rather the uh the subject

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property which is the vacant lot in the middle of the screen as you can see there's three properties

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to the right side which is the west side of the block and two properties to the east side

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the property to the east is an existing three-story 37 foot high building for single

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family use, the property it is attached to is an abandoned structure, missing doors, lacking

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functional doors and windows. The properties to the west are single-family and multifamily structures.

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And turning to page two is a close-up of the corner properties at the intersection of 32nd

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and Clifford Street. The red brick building, the second in from the corner, is a three-unit dwelling

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and the corner property is an existing two unit dwelling as evidenced by the multiple meters at

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the rear of the property. Going down the block on the towards the east on the south side of

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Clifford you'll see that there are five vacant lots and then three residential dwellings.

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After those three dwellings we then have two vacant lots, one dwelling, then another vacant lot

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and then one residential dwelling and then when you get to the other end of the block 3106 and

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08 Clifford you'll see two new construction buildings which are both duplexes new construction

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duplexes that were approved a year or so ago and they are coming towards completion at this time

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this is similar to what my client is requesting a two-family use at the property with all street

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parking the same as these new construction structures and continuing out the block it's

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another vacant lot, a single-family structure, and then another vacant lot. On the north side

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of the block, again, we have a lot of vacant land on the corner, two vacant lots, then we have two

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residential dwellings, and then three vacant lots, and then there's this blue building that was

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renovated recently and that is used as a two-family dwelling. Then there's another vacant lot, and then

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we have two new structures that are both lacking functional doors and windows. So again, it's

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another evidence of the blatant abandonment on the subject block.

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and at page six is just a close-up of the multi-family blue building that I just referenced.

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And at page six is just a close-up of the multifamily.

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Continuing to the west on the north side of the block, we have four vacant lots,

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then we have two residential single-family dwellings, and then we have another vacant lot,

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and then abandoned buildings. This is the middle of winter. Windows are wide open on the first

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building the second building has been boarded up uh with metal barriers by a bank and then there's

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another abandoned building next to that and going towards the corner are two residential structures

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and the corner property again is another multi-family property as evidenced by the

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the multiple four meters at the end of the at the side of property on 32nd street i did include at

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exhibit 10 the zoning archives for the other properties in the block that i just went through

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that are multifamily in nature.

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I don't need to run through these again,

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but as you can see, 3102, 06, 08 are all multifamily.

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And then when you go to the other end of the block,

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closer to the property, my client's property,

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we have 3122, 3133, all multifamily,

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and then 3144, 45, 46, 47, all multifamily.

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So given the abandonment on the block,

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the blight on the block and the other multifamily uses, we are going to request that the board

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does grant the multifamily use variance for the property.

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The Exhibit 6 was the original zoning plan that we submitted as part of our application.

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And the original zoning plan called for two entryways in the front of the property.

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um one this is a two-family dwelling so the first unit would be the basement and the first floor

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and unit two would be the second floor and third floor as you can see we are matching the cornice

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