civus
Hearing video

ZBA Hearing - March 30, 2022

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

line of the property next door to us to the east and doing traditional red brick building to match

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the properties on the block the neighborhood at the first meeting had objections to two entryways

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they wanted one entryway where both units come through the front of the property they wanted an

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egress well not stairs going to the lower level they requested that the porch match the porch

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overseeing the the landing at the first floor go across the front of the building to continue that

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line similar to the property to the west and we did make those changes the community also asked

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for and i'll show on the zoning plan a second means of egress on the back for the upper floor

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unit, which we originally did not have. I'll note on the screen right now, actually I'll go to the

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revised plan. Exhibit 7 is the revised plan addressing the community's comments.

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So as you can see, we did run the, zoomed out, we ran the porch across the front of the property

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to the full length to cover the egress well in the front

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and the full landing on the stairs.

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At the rear, after the last community meeting,

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the community asked it would be better

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if there was a means of egress at the rear

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for the second floor unit,

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mainly to put trash at the rear yard

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because trash is picked up

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from West Hollywood Street at the rear,

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not at the front.

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So by doing a spiral stairs,

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we were able to incorporate stairs

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coming from the second floor back.

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The zoning overview is on the screen currently and I'll draw you the board's attention to the

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front porch for the subject property and then this is small so I'll zoom in a little more.

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The neighboring porch is seven feet one inch. Our porch is six feet ten and three quarters inch so

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So there's that slight two, three inch variance from the neighboring porch.

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And as you can see, we have an extra set of two stairs.

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And that's because our porch height is also a few inches higher.

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And that allows my client to avoid underpinning the existing property to the west and the east.

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If there's a way to avoid that, it's always recommended, especially as we see buildings being damaged from underpinning and collapsing.

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And I know the neighbor who lives to the property to the east was appreciative of that.

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He lives there.

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It's a nice renovated property.

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And it creates that small dimensional variance, which creates the refusals that we have for those issues.

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At the rear of the property, we do have a full rear yard, dimensionally compliant rear yard.

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But we do have that request for all street rear yard parking.

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the and we did add a revised plan to have the zoning um the spiral staircase accessing from

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the rear upper floor decks at the rear of the property also at the request of the community

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Also at the request of the community, they asked us to install an egress well at the rear for the basement unit and to have a space for mechanicals that could be put either in the rear yard or in the egress well as needed.

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they asked us to install an egress well at the rear for the

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And the fence at the rear is proposed for a five-foot height, and one of the refusals was for a fence that was above the four-foot height limit, and that is what that refusal is for.

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And if I could jump back to the back of the property, which I jumped past on West Hollingsworth Street.

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This is the rear of the property.

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As you can see, there's no parking at the rear.

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The neighboring properties are using the properties for off-street parking.

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the new construction property at the other end of the block on the east is also approved for

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the off-street parking and the neighbors seem to be appreciative of that there's no parking

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on the street at the rear so we're not losing spaces and it takes cars off the front front of

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the street which is in keeping the properties across the street on hollingsburg street going

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to the south also have fences these are closer to the four foot high my client's requesting

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a five foot high fence as part of this application which

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is in keeping with there's other fences on the clippard street side that are

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five or six feet high as you go down down the block similar to the property towards the corner

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When we met with the RCO, we did do a simple summary sheet to explain that we're addressing

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all the changes, making the front only have one unit rather than two, eliminating the

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adding the porch. As you can see, we did include the porch across the front. We removed the steps

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down and we have the steps going up into the main unit uh this is pressure treated wood that's the

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deck or the porch cover that is just as a minimum standard my client plans for doing treks or some

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higher quality product um and at the rear as you can see um we'd have the rear off street parking

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i did not have a chance to add the rendering with the spiral staircase um i did have that sent over

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to me and i'll pop this on the screen just so the board can see that the spiral staircase would just

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go from the second floor down to the ground level not no other changes would be needed

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um the last bit that i would like to add is just to present to the board the floor plans as shown

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in Exhibit 7. There are two units that are proposed at the property. The ground floor unit is a two

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bedroom two and a half bath unit. Again the main entrance there's only one entrance on the front

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now pursuant to the community request and that will enter into the first floor unit and the

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basement unit. You have two bedrooms at the lower level with full baths. We have a den at the first

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floor level, full kitchen, full living room, dining room, and access to the rear property

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where the parking and trash would be stored and taken out.

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The upper floors mirror the first floors in terms of two bedrooms at the third floor level

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with a den, two and a half baths, full living room, kitchen, and off the second floor is

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a full deck and off the third floor the master bedroom is a smaller not as deep deck to provide

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outdoor space to the upper units since the rear yard is mainly for parking and

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this will provide outdoor space to the upper units and again as i mentioned at the beginning

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there's no roof deck proposed here no roof deck access structure no pilot house

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but this will allow the upper unit to have that outdoor space that otherwise they would lack

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And with that, Mr. Chairman, I do have James Page on the call with me today.

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Mr. Page, if you could raise your hand so that you can be promoted to speak.

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Mr. Page, could you state your name is spelled for the court reporter?

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Yes, my name is James Page, J-A-M-E-S-P-A-I-G-E.

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J-A-M-E-S-P-A-I-G-E.

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

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Yes, I do.

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Proceed.

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Mr. Page, are you a member of the Black Real Estate Investors Network, LLC?

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Yes, I am.

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And did you hear the presentation that I presented to the board today?

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Yes, I did.

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And were those statements true and correct to the best of your knowledge?

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They were, yes.

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and would you adopt those statements as your own yes i would

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thank you questions from the board no mr chairman no mr chairman no mr chairman

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no mr jeremy questions or comments from the virtual audience

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i see no hands chair planning commission

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good afternoon chair peter bernard for the planning commission

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

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there is no unique physical condition of this 1437 square foot lot that would prevent it from being

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used in conformance with the zoning code and the applicant has failed to demonstrate a hardship

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that would justify the multifamily use the city planning commission recommends that the board

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deny the use variants thank you MI 2021-003-661-3140 Clifford Street I vote yes with revised plans of

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one page Harold Tenere my vote is yes with proviso Thomas Holloman my vote is yes with provisos

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Ishmael Shaheed, yes, we're provisos.

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Thank you.

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Tanya, I'm going to take a five minute break for the court reporter and all.

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We have a few more cases left here and then we'll move right into the late afternoon.

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So take five minutes.

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Thank you, Chair.

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Thank you, Chair.

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Thank you.

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Thank you.

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Thank you.

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Thank you.

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Thank you.

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Thank you.

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hi chair this is tanya if you don't mind may i ask mr reuter if you are available could you

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raise your hand please

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i'm what's that again tanya i asked mr reuter to raise his hand he has raised his hand because

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he had to leave for something he is now here and i just wanted to let you know we're available to

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restart whenever you are all right but we're we're so we're still going to handle the cases we have

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right yes chair okay and you will get the root what rooters is when at the end yes chair okay

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thank you i just wanted to make sure he was back in a rotation that's all i'm great i'm here ready

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to go. As you wish, sir. Let's start. We are ready, sir. You can go on ahead. Okay. MI-2021-005-412-4768-R-72

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to Silverwood Street. RCO letter in opposition, Ridge Park Civic Association.

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Michael Mattione is the attorney.

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Good afternoon, Mr. Chairman. Mr. Mattione, please state your name and spell for the court reporter.

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Michael Mattione, M-A-T-T-I-O-N-I.

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

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I do.

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

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Certainly.

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It's Northeast Renovations, LLC, and they are the owner and the principal, Mayor Badoosh, and Roy Shemes are also online today.

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All right.

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Thank you.

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Our vice chair has a few questions.

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Sure.

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Thomas, are you online?

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Yes, Mr. Chairman.

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Could you do it, please, Thomas?

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No problem.

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Good afternoon, Councillor.

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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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According to our records, you have submitted all the required documents on time.

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Is that correct?

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That is correct.

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Please proceed and share your screen. Thank you.

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Thank you. And before I begin, I do have to say to Sharon Saleta, you know, I will

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definitely miss you and thank you for all the help you've given me over the years.

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and thank you for all the help you've given me over the years.

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You're always available.

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You're always available, yeah.

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You answered questions, and you're just very, very helpful and insightful,

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and just, again, thank you very much, and I wish you nothing but the best.

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And with that, Mr. Chairman, again, I represent Mayor Badouche and Roy Shamish.

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They're the owners of Northeast Renovations,

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and we've handed in, as you can see on the screen, the tax clearance, the refusal, RCO

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information, letter was sent in by the RCO, survey showing the subdivision of the property,

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revised plans form, revised site plan, it's one page, floor plans, renderings, the erosion

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and sediment control plan and an email from matt wysong of the city planning commission confirming

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that we are street slope compliant surrounding permits for neighboring properties with garages

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photographs the site and surrounding property properties affidavit of service

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This for the RCO meeting, I believe we sent out 116 letters.

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And again, the developers are, and the developers are the owners of the property at 4768 to 72 rear Silverwood Street.

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They're seeking to subdivide the property.

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Right now, it's one rectangular parcel, as shown on the left of my screen.

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And they are going to subdivide it into two properties, an L-shaped property and a rectangular property.

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Both of the properties that they would subdivide it to are code compliant.

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So they meet the requirements of 1,440 square feet or greater.

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They're at least 16 feet of street frontage.

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So they meet the requirement of the zoning code to be separate lots.

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We did provide a modified site plan because originally we had a part of the properties

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in the steep slope area and that's prohibited.

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We modified it and moved it out of the steep slope area so we were doing no work in the

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steep slope area.

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And the home is cantilevered.

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The home on this lot, lot A, the L-shaped lot, is cantilevered at the rear so as we

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avoid the steep slope area.

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And again, that's what Matt Lysong signed off on at the Planning Commission.

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So parcel A is about 1,449 square feet.

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It's the L-shaped parcel.

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It's closer to Silverwood Street.

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Parcel B is 1,452 square feet.

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Both of them have 16 feet of frontage on Gate Street.

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They must have been part of Silverwood Street at one time.

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That was long before my client purchased the property.

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So, parcel A, slightly smaller, again, 16 feet, and it goes back, well, let me move down to the site plan first, just to show, this is the area that we're talking about.

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We originally had this coming down straight into this steep slope area.

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We no longer have that.

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That's the only change that we made on the revised plans to eliminate going into the steep slope area.

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And with that, we got the email from Matt Wysong saying that was acceptable.

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With respect to the floor plans, we have a lower basement level.

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This is on the smaller of the two houses.

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The house is 16 by 29 dimensions.

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This is the larger of the two houses.

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The basement is just extra storage space or extra room for the single-family homes.

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