civus
Hearing video

ZBA Hearing - July 24, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Jul 24, 20246h 16m

No, I appreciate that. So we're very well. We know Mr. Shabazz and Jazz Tech and Overwork

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Environmental very well. He's been working on this project for some time. Probably the reason why we

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Probably the reason why we have three, have a unanimous decision only the third time in our history.

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have three, have a unanimous

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So it's a very well thought out project.

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They've been doing environmental education in our community for maybe a generation.

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And so that explains the unanimous support of the project.

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Mr. Allen, thank you very much, as usual, for your comments.

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um planning commission

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john labakar planning commission the comprehensive plan recommends no change to the cmx 2.5 zoning

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at this site the proposed special exception for community center use would not cause adverse

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impacts and the variance for setback is in accordance with the proposed use and appropriate

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for the neighborhood therefore pc pc recommends granting the variance and special exception

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Thank you. MI 2024-002-433-6150 Lancaster Avenue. I vote yes. Proviso. Revised plans, three pages, stamped by ZBA on July 24th, 2024.

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Ishmael Shaheed, my vote is yes with Proviso.

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Michael Johns, my vote is yes with Proviso.

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Cheryl Gaston, my vote is yes with Proviso.

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danetta graham my vote is yes with proviso james now my vote is yes with proviso

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thank you is there anyone in the three in the uh 2 p.m list whose case has not been called

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i see no hands so we're going to take a five minute break we're going to come back and i

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think we had three other cases. Thank you, everyone.

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All right.

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Okay.

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Good afternoon, everyone. My name is Bill Bergman, and I will be chairing the 330 ZBA hearings.

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With me is our Vice Chair, Ismael Shaheed.

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Present, Mr. Chairman.

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Our Board Member, James Snell.

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Present, Mr. Chairman.

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Our Board Member, Cheryl L. Gaston.

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Present, Mr. Chairman.

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Our Board Member, Tenetik Graham.

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Present, Mr. Chairman.

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Board Member, Michael Johns.

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Michael's here, and also our board member, Taya Nguyen.

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Present, Mr. Chairman.

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Also present is our attorney, Hillary Emerson, and also Kathleen Grady, our deputy director.

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Here's our virtual format.

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The proceedings are being recorded.

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With your participation, you agree to be recorded.

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A video will be available by contacting kathleen.grady at phil.gov.

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For our court stenographer, we ask attorneys and witnesses to identify themselves before testifying.

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If you're participating by phone, press star 9 to raise your hand and star 6 to unmute.

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To enter the appearance statement, call 267-270-5548.

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Leave your email address and the address of the property in question.

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And finally, the question answer box is not for comments or testimony. All comments should be directed to our deputy director, Kathleen Grady.

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Here's our schedule.

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So, get over here, number two, MI 2024-001-452-7130 Boyer Street, cases continued.

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Number five, MI 2024-001-459-5357 Lancaster Avenue. Cases continued. Number six, MI 2024-001-594-922 New Market Street. Cases continued.

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And number seven, MI 2024-001-595-52 East Washington Lane, that case is continued.

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Are there any other requests for continuances?

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I see no hands.

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We're going to start with number three, which is a pro se case.

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MI 2024-001-453-2308 South 16th Street.

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001-453-2308 South 16th Street.

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John Fink and Audrey Ellis are the owner applicants.

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There's a letter of unanimous support from Broad Street West RCO.

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John Fink will be coming in as a panelist.

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Thank you.

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good afternoon mr fink hi everyone good afternoon all right could you state your name please

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and spell for the court's sonographer yes it's john fink j-o-h-n-f-i-n-k right do you swear or

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affirm to tell the truth the whole truth and nothing but the truth i do uh mr fink this

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application is for the demolition of the rear portion and the erection of a rear addition

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to an existing attached structure for use as a single-family household living.

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Their minimum required rear yard depth is nine feet, whereas five feet, ten and a quarter inches are proposed,

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and the minimum required open area is 25%, whereas 17% is proposed.

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Our vice chair has just a few questions for you, sir.

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Good afternoon, sir.

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have you emailed in all the required documents and exhibits that is needed to and required to

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proceed with this case five days in advance of this hearing? Yes, I have. Thank you, sir. Please

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proceed and share your screen. All right. Thank you, everyone.

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So these are the materials prepared. And I will go to the picture of the house here on page 17.

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All right, let's see, this is actually on page 21.

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All right, so here's our house on 2308 South 16th Street.

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My wife and I are where the owners, and this is, you know, existing two-story row home,

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And at some point in time, a small one-story laundry room addition was constructed in the rear of the first floor.

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And so here's the pictures of the rear of the property.

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And this is under the second floor projection bay.

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So this addition, it has structural issues, and it's settled significantly over the years.

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And because of this, we'd like to demolish this edition and rebuild it.

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And we'd also like to expand our kitchen into the space in order to make it more functional.

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Let me bring you up to the drawings on page 17.

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So here's the schematic and the drawings.

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so the proposed addition will exactly match the footprint and height of the existing structure

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we will not be expanding what is currently on the property it's this area here from above and

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this area here from the side in the back of the house and the new addition doesn't meet the zoning

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codes rear yard setback and open area requirements so that's why we're seeking a variance to replace

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this existing structure. Finally, I'll just show the letter from the community organization here,

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the meeting that we had in May, and the letter of support from that meeting.

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Why don't you show us real quick what you're, do you have the drawings,

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Heather, what it's going to look like when you're done inside?

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um i don't think believe we have that drawing but i also have my architect here um on the line

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uh for any technical all right so what i'll do is we'll have you leave your architect on the line

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and if the board has questions we'll bring him on okay sure sure yeah i have these drawings of the

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you know the schematics but not like a visual yeah sure questions from the board

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no chair

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questions or comments

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I do what size area is this

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width we're talking okay

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yeah for this if we want we can bring on the architect to speak specifically to to this

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um no just 16 feet wide right the whole lot is 16 foot wide that's right i believe so

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that's right i believe so and then this is what how many feet in depth it's like 30 you're talking

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and then this is what how many

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about the addition 13 so small i can't read these yeah about 13 by seven oh okay all right like an

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old kitchen yeah let me pull up the picture of the back of the house so you can get the real

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the real view on it yeah okay i see so it's this it's like this part here kind of starts with this

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window um and it's like the brick ended and at some point they built this out on you know as an

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addition under this overhang so it's it's this and basically we're you know we want to demolish

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it and then just rebuild it um properly um in the same footprint okay does it have any kind of

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support system do they whatever now that seems like a good question for an architect if we can

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all right just probably doesn't have any now i guess he's gonna have well it has settled

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significantly over time that's why he's tearing it down once the territory gotcha okay all right

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Thank you.

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Questions or comments from our attorney, Hillary Ambers?

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Not at this time, Mr. Chair.

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Questions or comments from the virtual audience?

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I see no hands.

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Planning Commission.

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Good afternoon, everybody.

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Amy Boyd with the Planning Commission, A-M-Y-B-O-Y-D.

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Swear or affirm to tell the truth, the whole truth, nothing but the truth.

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I do.

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Thank you.

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Please proceed.

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The comprehensive plan recommends no change to the RSA-5 residential single-family zoning at this location.

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The appellant requests dimensional variances for rear yard depth and for minimum open area.

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The appellant seeks to remove the rear addition, then build a new addition with approximately the same footprint.

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The proposed addition will not endure the use of adjacent properties.

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The Planning Commission recommends that the board grant the proposed dimensional variances.

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Thank you.

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MI 2024-001-453-2308-South 16th Street, I vote yes.

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Ishmael Shaheed, my vote is yes.

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Michael Johns, my vote is yes.

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Kaneta Graham, my vote is yes.

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Cheryl Gaston, my vote is yes.

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Ty Owen, my vote is yes.

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Jane Snell, my vote is yes.

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Okay.

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I want to move to number...

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Let's see here. Number one. Number one, MI 2022-007-577-3935 Ogden Street. Merritt Ferliger is the attorney.

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we have

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we have

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we have a recommendation of support from Mantua Civic Association

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Councilmember Gauthier is opposing this variance being requested at 3935 optic

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She feels the proposal is an overbuilt unfit for such high-density residential living between active industrial uses and was structured to subvert the intent of the overlapping mixed-income neighborhood overlay.

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So I'm recusing from this one, I believe.

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Yes, sir.

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Meredith?

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Good evening.

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

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Sure. Meredith Ferliger, F-E-R-L-E-G-E-R.

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Can you identify your client and relationship to the property?

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I can. My client is Haverford Square by Metropolitan 7 LLC, represented by Member German Yakubov.

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Our Vice Chair has just a few questions.

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Good afternoon, Counselor. Do you agree to waive the reading of the refusal or stipulate to exact proceed?

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I do.

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Have you emailed in all the required documents and exhibits that is needed to proceed with this case

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in advance of this hearing? I have. Thank you. Please proceed and share your screen.

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All right, Mr. Chairman, members of the board. The request before the board today is the culmination

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of a year and a half of diligent design work to land at a project that is truly transformative

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for a historically neglected section of land at the northernmost point of Mantua's boundaries.

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To summarize briefly, the project before the board today is for a new five-story building

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the project before the board today is for a new five-story building to contain 87 dwelling units.

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to contain 87...

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To address some administrative items first, the exhibit packet in front of you contains 20

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exhibits. Exhibit 2 has three tax clearances for the three separate parcels that comprise

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this application, and Exhibit 3 shows the deed. At Exhibit 1, the board has a copy of the original

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refusal that was issued December 19, 2022. You can see the number of refusals that were issued

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based on the original proposal. Following that, the board granted this applicant leave to amend

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its application, which resulted in the amended refusal that is in front of you today and is

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dated June 28, 2024. The original project received refusals concerning a then-proposed commercial

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use, the multifamily dwellings, height, occupied area, and floor area ratio. The basis for relief

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has been significantly reduced to the remaining refusals for multifamily use, insufficient parking

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spaces, and height, with the height refusal also reduced from 86 feet to 50 feet. I will just note

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as a preliminary matter that this application was not subject to the MIN overlay that's referenced

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in the councilwoman's letter. We certainly respect that position, but this application,

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given the length of time it took to get this application to the board, this was applied for

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prior to the inception of the MIN. So we really do take issue with noting that this application

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was intended to subvert them in, that is by no means the case here. This project has been

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significantly and significantly reduced, as we will show in the presentation.

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Let me start first with some property background. The property before the board today is located at

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3935 Ogden Street, which is proposed to be consolidated with 3945 and 47 Ogden Street.

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At Exhibit 5, we've included the lot consolidation plan, showing the site layout of the newly proposed 21,000 15.5 square foot lot.

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You will see that this irregularly shaped parcel is currently comprised of three lots, a large parcel in the rear that I'm indicating with my cursor that's somewhat of an odd L shape, as well as two square parcels on the Ogden Street frontage.

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these would be consolidated into one parcel. Interestingly, the rear lot was historically

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used as a part of a horse stable. As shown on the zoning map at Exhibit 7,

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this parcel bears a split zoning designation including a portion zoned I2 as well as a

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portion in the front zoned RSA5. Surrounding the property to the west is a stretch of parcels with

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RM1 and CMX2 classifications stretching along North 40th Street. Directly to the south is

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largely zoned RSA 5. Exhibit 8 shows several aerial views of the property and the surrounding

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area. This first view is from the northwest, and the subject parcel here is shown as a cleared

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vacant lot directly behind the new construction building that fronts on North 40th Street.

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That 40th Street building, which I'll touch on later, was considered as phase one of this transformative project, which is known as phase two.

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To the rear, the board will see the Amtrak lines, and immediately to the east is a large Pico substation.

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Flipping to the northeast, the board will note the proximity and character of North 40th Street.

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This image should also begin to give the board a sense of the still quite significant vacancy that exists in this area, particularly surrounding the RSA 5 zone lots that are to the south along Union Street, and Union Street is kind of where the curve starts.

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This next southeastern view more clearly shows all of these aforementioned conditions.

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We've also included a final view from the west, which again reflects the front of that phase one building.

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Again, the considerable vacancy surrounding this property is apparent just even from this view.

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If we skim through some street level photographs at Exhibit 20, the first view you'll see is facing the site from Ogden Street,

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where again the board will see the scale of the six-story building that was recently constructed

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