civus
Hearing video

ZBA Hearing - August 5, 2026

Philadelphia Zoning Board of Adjustment (ZBA)Aug 5, 20267h 25m

building because the windows looked like they were other residential units yes the the design intent

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is for there to be three apartments down at grade we would you know we would continue to work with

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the owner in in terms of the the glazing that would be appropriate for at grade apartments

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and there is one controlled uh there would be one controlled lobby um off of the off of the main

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street frontage there for the entire for the entire building and for the main street are

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you referring referencing 48th street are you referencing why losing yes no i'm sorry the along

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48th street where so the rest the the main building entrance would be oriented the same way as being

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shown in the stoning street view where the where the main facade is off of facing the park

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okay in the image that has no not the rendering we're not basing this

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you you reference the street view not the rendering

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oh i'm sorry i was i was looking at the uh the current view that was uh up so it would be the

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the east facade okay and are there any other amenity spaces on the first floor for the tenant

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Yes.

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Yes.

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Okay.

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Thank you.

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This is what I was looking for.

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Any other questions?

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Yeah.

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Oh, I see you, Trey.

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So I do have another comment.

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If this is the front, is that 48th Street where the double doors are?

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Yes.

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Is that?

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So at 48th Street, a main entrance, you created a stairway, a blank wall, and a track.

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I mean, just conceptually, that's not good, right?

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And in terms of scale, massing, and context, it just does not work.

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It just doesn't.

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It needs to be rethought.

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Okay, any other questions?

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What's happening in the basement?

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That is utility space.

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And only the management company is going to have access to the basement?

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um at the moment i think the program is a little bit unclear because we have the requirement i

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think for bike storage so there's the potential for the public requiring access down to the

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requiring access down to the basement for that additional storage so the elevator and one of the stair towers would go down we would we would closely analyze the building code about the maximum occupancy that occupant load that would be allowed down there but we were confident that we can restrict it in such a way that we would

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basement for that additional storage how are they going to

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not require both stair towers to go down to that level okay okay any other points so Hillary what

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I'm going to think about doing with this is give it a result of hearing date I don't think we're

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going to take it to planning right now because things may change the same thing with there

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right so that's fine we can hold planning and public testimony for the resumption so council

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will make a result of hearing great and you know you go back to the team and figure out where you

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want to be with this the resumptive hearing will be on 10 6 26 at 9 30 a.m thank you

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okay and please stand by here and i have another case thank you by the way

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all right so number five mi 2025 006 975 2015 frankfurt avenue uh rachel please just state

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your name for the record sure rachel pritzker right um see here uh could you identify that

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your client a relationship to the property yeah so my client is uh xl2 llc yuri tomoschak

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uh who is the owner of the property okay um

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our vice chair has a few questions for you good afternoon have you submitted your documents and

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exhibits five days in advance of this hearing yes and there's lots of refuses on this one as well

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do you weigh the reading of the refusals and stipulate to their accuracy?

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Yes. Similar to the prior project, we did make significant revisions to this project and did

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provide a proviso plan form and updated plans. Okay. Thank you. You can share your screen and

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proceed with your case. And chairman and board members, no thank you, Anita. When you make good

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points, we have to take them. So I appreciate that feedback. I'm just going to share my screen.

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okay this is a little bit of a complicated one so just bear with me

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this is the original refusal for this project I do also want to note before I go through the

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details that we have a letter of non-opposition from Councilman Squill's office and a letter of

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support from fishtown neighbors association um the property consists of seven existing lots

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uh 2015 2017 2019 and 2021 frankfurt avenue uh zone cmx2 um and 2016 2018 and 2022 set by the

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uh uh i'm sorry to interrupt i just i do want to um acknowledge we have another attorney here i

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believe for a protestant um if you want to state your name and be sworn in and indicate who your

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client is my name is jordan rand my client is protestant dorothy correll resident next door

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at 2022 set by the street could you do me a favor could you please spell your name

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j-o-r-d-a-n last name r-a-n-d you swear or affirm to tell the truth the whole truth nothing but the

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truth i do please continue rachel yeah i just want to make note for the record that we have not

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received any information documents exhibits from mr ran or his attorney so procedurally we've had

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no ability to defend any opposition to this matter i don't have any exhibits

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okay okay um so once again um this property consists of seven existing lots um zone cmx2 and

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RSA 5. On the Subviva side, the parcels range from 792 square feet up to 2160 on the Frankfurt

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Avenue side. We propose a relocation of lot lines to create two parcels, parcel H and parcel I,

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both fronting on Frankfurt Avenue, consistent with the City of Philadelphia Planning Commission's

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determination of September 18, 2025. As reconfigured, both new parcels remain split between

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CMX2 and RSA5 districts. Parcel H holds 4,320.2 square feet, consisting of 3,520.1 square feet

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of CMX2 and 792.1 square feet of RSA5. Parcel I totals 4,080.2 square feet, consisting of

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Parcel I totals 4,080.2 square feet consisting of 2,070 square feet in CMX2 and 2,010 square feet

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2000

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of RSA5. Each parcel will contain a new four-story mixed-use building on the Frankfurt Avenue side

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with a two-story reduced condition on the SEPVIVA side with various setbacks among SEPVIVA,

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ground floor on Frankfurt Avenue of office medical dental health practitioner use in one

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the ground floor spaces and multi-family residential units above along with roof decks

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the application as originally filed is different than what we're proposing today in direct response

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to feedback from the community and the rco and i'll go through those revisions but and

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we've eliminated a number of refusals as a result specifically some of the occupied

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some of the building height and some of the use in addition to the,

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we reduced it from nine units on each parcel as opposed to 10 units on each parcel.

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So reducing the proposed figure here on table 166022 and 4A12.

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The D for the property.

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Here is the zoning map for the property, Frankfort Avenue and Sebaiva in the rear, and as you

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can see, the majority of the parcel on the Frankfort Avenue and some of the Sebaiva is

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the CMX2 condition.

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Again, Frankfort Avenue is a major commercial corridor in Fishtown with three segments of the split zoning that are RSA-5 on the Sub-Viva side of the street.

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It's worth noting in this second zoning map that the conditions are not exclusive to RSA-5 on this side of Sub-Viva. You have a mix of CMX-2, RM-1, and portions of RSA-5.

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this is an aerial of these properties

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and the street view the block is a mix of commercial mixed use on the

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frankfurt avenue side with some existing warehouses and garages

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as you can see from the front view

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again on the front this is a new construction that was approved by this board similar split

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zoning it's a bit taller in height but similar idea with the commercial mix use so there are

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conditions on this block on especially in the frankfurt avenue side being a commercial quarter

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which this project was similarly modeled off of

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this is the rear side there's a mix of three stories properties towards the left side and

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then there's a mix of single family homes and warehouse conditions on the survivor street

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there's no like continuity on the block it's not all two-story row homes it's a mix of

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one-story warehouses two-story row homes and again three-story structures as well

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is the other side of sub viva towards the left of the property

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these are just the zoning posters

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So the different portions in the code, again, some have been revised from what we originally proposed.

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So as mentioned, some of these don't apply anymore to the project.

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We'll go through the plans and identify that.

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We did significant community outreach for this project.

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We met with FNA at a preliminary meeting in December.

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We then had the full zoning committee meeting, the community meeting in January with notice and proof of mailing.

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We also, Ms. Dorothy's son is an attorney at Claire Harrison.

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He reached out and attended the meeting, and we also separately met with him to see what concerns they specifically had around this project.

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and then also we had another community meeting after we made a number of revisions to the project

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in which we received a letter of support from FNA. It just included in the packet

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Just included in the packet all the outreach that we did. It's still unclear to me from Ms. Dorothy and her attorney what the specific concerns are that are remaining. A significant amount of the project that was revised is the Sepviva side of the project, which you'll see to implement a 30-foot setback, a two-story condition on the front, and the aesthetic to look similar to single-family homes in consideration that that sort of snapshot of the middle of the block does have a

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all the outreach that we did. It's still unclear to me.

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lot of those two-story conditions we'd still be willing to work with miss dorothy and and

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especially if there are any construction concerns for this project which we can understand this is

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just the posting the mailing and again a lot of outreach most of the response from the other

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attorneys was just we'll discuss it at at that meeting and then follow up from that meeting if

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was any other concerns um that we could address just showing our willingness to you know collaborate

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on this project

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asking if there's a list of concerns or anything else that's missing

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this is from the other second rco meeting that we had the proof of mailing

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and my outreach to mr rand asking what concerns they're still up to i think a few days ago

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this is a letter from fishtown neighbors basically requested continuance which we

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did to allow for more time and then a follow-up letter from the second meeting with support for

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the project and Councilman Squilla's letter of non-opposition as well there also are some letters

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of support from the surrounding area there were others that were included but I only put ones that

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were directly relevant just bring up the plans I just want to kind of go through the legal argument

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a little bit. As mentioned, we substantially revised the project. The unit count on each

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parcel was reduced from 10 to 9 dwelling units and the previously proposed off-street parking.

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We originally provided off-street parking at the rear. There's existing curb cuts in garages, but

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in order to have more parking on the street or not keep that condition, we removed the parking

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as a whole, which would have been accessed from Zepiva, which was eliminated entirely along with

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with the associated curb cuts.

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We also removed portions of the proposed balconies

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and substantially revised the building design

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along with on Sep Viva to reduce the height

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and massing perceived from that block.

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Significant portions of the upper floors

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are pulled back approximately 30 feet

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from the Sep Viva frontage resulting

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in only a two-story wall condition,

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which our architect will describe in more detail.

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And again, this resulted in support.

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The majority of this project refusals result

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from this mixed zoning condition. And also the special exception for the use or the variance for

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the medical dental is due to overlay in CMX2, which doesn't allow for that. Although uses such

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as childcare center, educational facilities, fraternal organizations, or hospitals would

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generate a greater intensity of activity than a medical dental facility. So keeping that in mind,

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And the 100 percent lot coverage is a condition found directly adjacent to this and given

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the split zoning would on some of these lots result in random gaps of nine feet between

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a commercial corridor and commercial properties and a single family home, which is not an

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ideal condition directly adjacent to a commercial corridor.

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And again, we also will change the project to include internalized trash separating out

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residential and commercial which was across bicycle parking and wide and pedestrian areas

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and street tree improvements on the frankfurt avenue side the comment on height just before

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i know i'm taking a little bit longer but want to make sure i lay this out

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there are adjacent structures specifically at 2023 and across the street that are 45 and 46 feet in

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height we're proposing 44 feet in height it's a little bit of a slope and grade change as you

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see on the frankfurt avenue side and then a reduction to two-story conditions on set by but

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with that 30-foot setback this is also supported by the city's own adaptive plan for the area

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specifically mentioning rezoning frankfurt avenue to encourage mixed-use development and again is

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more in line with the commercial corridor conditions and the mixed characterizations on this

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existing block um if we can bring on kevin o'neill um to go through the revival

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If we can bring on Kevin O'Neill to go through their revised plans, I'd appreciate that.

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Kevin?

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Kevin O'Neill has been allowed to talk.

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Thank you.

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Good afternoon. I'm here.

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i could you please state your name and spell for the stenographer kevin j o'neill apostrophe n e i

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l l do you swear or affirm to tell the truth the whole truth nothing but the truth yes counsel uh

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kevin can you go through the plans on my screen and uh specifically the some of the revisions

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and site conditions as well. Sure.

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Tell me when to stop. Okay, so we've got a couple of site photos just to give you an overview. The

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top picture is Frankfurt Avenue. The black dash lines indicate the four properties along

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frankfurt avenue the lower picture is the survivor street frontage uh again the black line the black

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dashed lines indicate the uh the four properties where uh that make up our parcel on uh sup by the

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street am i am i saying black dots on i don't i don't i don't see what you're saying maybe i'm

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wrong that's the black dash lines okay all right all right all right coming down straight all right

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okay yeah these are all part of our parcel all right yep

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Zoning map on the upper left hand of the page, as Rachel already described, to the right is our zoning site plan.

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And as you can see, what we're proposing here is a lot consolidation and subdivision of these parcels into two new parcels.

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so currently there are multiple addresses and what we're proposing to do here is combine all

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of this into two new parcels so parts of parcel h and parcel i uh parcel h

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i've been to a lot of art

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Parcel H is to the left, which makes up 2015 and 2017 Frankfurt Avenue and extends all the way

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through to Sep Viva. 2019 and 2021 make up Parcel I and extend all the way through to Sep Viva

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Street as well. Of note on this plan at the lower right-hand side, on the bottom of the page is

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where we've made most of the revisions to this project from the April zoning meeting that was

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held up to the, I'm sorry, the January meeting that was held up to the more recent May meeting

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that was held. And we'll get to that in a second when we get to those slides. So I have floor plans

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for all levels of the building. I'll briefly walk through those. Basement level, the orange hatched

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area indicates the basement portion of the commercial spaces.

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So we have two large commercial spaces facing Frankfurt Avenue,

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and those are essentially bi-level.

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