civus
Hearing video

ZBA Hearing - December 16, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Dec 16, 20204h 39m

My notification letter at 14.

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Letter of support from the RCO at 17.

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Photos at 18.

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And plans at 37.

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So members of the board, I'm showing you now the refusal, which is at page three, I believe.

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I'm sorry, my screen share buttons are in the way of my page numbers.

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So I apologize for that.

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We're seeking the legalization of an existing three-family dwelling.

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My client picked it up a few years ago.

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realized recently that it wasn't zoned properly for three-family use. There is currently one

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person living in the building. My client doesn't wish to run afoul of L&I, and that's why we're

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here seeking legalization. When my client picked up the building, it was already set up for three-family

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use, so we're just trying to get that straightened out. I'm showing you now a copy of the area zoning

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maps. Forgive the upper map. Atlas today has been acting very weird. In fact, it's been acting weird

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for the last few days, but you can see we're in an RSA 5 district. We have some ICMX nearby,

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some commercial mixed use because we're right a block off of Frankfurt Avenue on the corner of

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Anne and Amber, A-M-B-E-R. The tax clearance website was also acting a little strange,

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but here is the documentation showing that the only thing outstanding is 2021 taxes.

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This is my community notification letter and proof of mailing now at page 16 showing I sent

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out 175 letters. They were postmarked November 10. Attached here is the

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one moment members of the board. Attached here is the zoning summary letter from Somerset

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neighbors for better living. There was a letter of support for the legalization. Now I'll show you

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the photos. This is the existing structure. We're not touching the outside other than to fix up the

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stucco, maybe replace this window in the front. The bill code door is looking a little bad. We're

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going to replace that. You can see there's already three meters on the building, have been since my

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client owned it. There's a handicap accessible ramp here on Amber Street for the use of the

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downstairs apartment. Just going to show you the surrounding photos. So here we are at the corner of Anne's

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I'm just going to show you the surrounding photos. So here we are at the corner of Ann and Amber. We're looking towards Frankfurt Avenue in the distance where you see the traffic lights.

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I'm going to pull that 360. This is across Amber Street. This is looking eastbound on Ann, southbound on Amber, and then these are the homes directly across the street.

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You'll notice, oh, this is the zoning sign that I posted because I had to take several sets of photos.

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To the left of the property, it looks like it used to be an old fire company or something like that.

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I'm not sure what it's being used as right now.

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Here's our site plan.

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Big backyard, not making any exterior changes.

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Here's the interior layout.

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I have it sideways, so it's easier to see.

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But basically, cellar is just going to be utilities and storage.

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First floor plan, I'll zoom in on that, members of the board.

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We have one unit here. It's an efficiency, 315 square feet. You'd come in through that side door

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where the handicap ramp is. Just go right in there. Nice little spot for somebody to live.

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You can also then hang a right and go into unit number two, which is bi-level. So you have

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downstairs living space with kitchen, living, and bath. If you head up the stairs, you got two beds.

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third unit is about 900 square feet that's also by level so you'd come up the common stair

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enter the unit we have living kitchen dining area on the second floor then on the third floor we

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have our beds large closets and baths and members of the board that's basically it the hardship here

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is that this is an existing structure my client has made no changes to the interior at some point

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somebody didn't renew their permits. And as a result, that's where we are with this project.

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It would be an undue financial burden for my client to essentially gut the building

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and turn it into a single family home in an instance where the community is very supportive

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of the price point at which we were offering these units. They will be affordable in truly

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an affordable sense. And that's essentially it, members of the board. I'm happy to take any

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questions you may have. LeVar, if you're on the line, would you please raise your hand?

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sir clark has been allowed to talk okay lavar please state your name spell your last name

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give your address for the record after you're sworn in uh name is lavar clark um name is spelled

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l as in larry e as in edward v as in victor a as in apple r as in robert clark without an e on the

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And my address is 1112 South 27th Street, Philadelphia, Pennsylvania, 19146.

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Thank you, sir.

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

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Yes, I do.

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Thank you, Mr. Mulvihill.

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Yeah, so LaVar, you've heard everything I've said here today?

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Yes, I have.

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Do you have anything to add at this point?

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No, I do not.

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And my testimony was true and accurate to the best of your knowledge?

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Yes, it was.

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Do you adopt it as your own?

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Yes, I do.

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Thank you.

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I have nothing else to add.

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Members of the board, we're happy to take any questions you may have.

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thank you any questions from the board no anyone else like to testify in this case if so please

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raise your hand there are no other hands at this time mr chair thank you jason planning commission

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a good afternoon chair members of the board ian litwin planning commission staff

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This lot is designated for single-family residential use in the comprehensive plan.

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However, this is an existing large corner building one block from Frankfurt Avenue.

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Therefore, staff of the Planning Commission is not opposed to requesting the variance to legalize the multifamily use.

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Thank you. MI 2020, that's 002207, 2081 East Ann Street. My vote is yes.

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My vote is yes.

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My vote is yes.

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Okay.

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I don't know if I've lost, we lost confessor, so I'll call the next case.

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This is you, Mr. Mobeville.

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MI 2020-002208, 2718 East Monmouth Street.

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Okay.

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That's not sharing the right screen.

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I'm having an issue, members of the board, with my computer consistently sharing the incorrect screen, but I think I have it now.

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okay just identify yourself for the record and as you know you're still on the roof

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yes members of the board leo movahill 2424 east york street suite 111 philadelphia 19125

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i'm here on the line today with my client maria at the end i'm going to ask you to raise your hand

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you can just hang tight mr movahill do you agree to wave and stip yes have you emailed an exhibit

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packet with the required documents, including proof of ownership, proof of tax compliance,

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Yes. A copy of the refusal or referral and photos and or plans of the property five days in advance

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a copy of the refusal or referral, and photos and or plans of the property.

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of this hearing. Yes to everything, although it may have been four days in advance, but they are

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received. Also, have you met with the RCO? Yes. Do you have a letter? Yes. Please proceed.

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All right, members of the board, it's my pleasure today to present this project to you.

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I'm just trying to show my sidebar here so I can get to my pages. So I'm here with Maria. She's

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the owner of the lot she wants to build her uh build a house and move in on the block i have the

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refusal appeal and project information form at one area zoning maps at five deed at six tax

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clearance at 12 by zoning notification letter at 13 a letter of support at 15 photos of the property

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at 21 plans at 35 moving to the refusal at page one this is an rsa 5 district we've received

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refusals for some design considerations between Maria and the architect, KJO. Essentially, we

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asked for an off-street parking spot. There's already off-street parking on this street, so

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it's not like we're breaking up a block, and I'll kind of show that to you in a minute.

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The other refusal that we received was having to do with its rear deck. Maria wants to have a nice

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rear deck area. We received a refusal for the stairs as part of that rear deck.

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I'm showing you now page five, the area zoning map. You can see the lot. It's pretty big. It's an RSA 5 lot located at the corner, just off the corner, rather, of Salmon and Mama's Streets.

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this is my deed

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here's our tax clearance

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proof of mailing showing that on or about

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October 26th we sent out 133

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notices and for purposes of the record

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here's the notice I sent out

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I have attached here a letter dated November 16

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2020 showing that Southport

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Richmond Civic Association voted in support

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of the project quite overwhelmingly i believe it's 30 to 7. and now i'll move on to the photos uh

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there are currently hedges in front of a fence on the property members of the board so i had to kind

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of zip tie it to the tree did my best but i still use the bright orange paper this is looking uh

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toward salmon street this is looking away from salmon street so you can see kind of what we're

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looking at on the block. There's an existing garage, if not this red building that I'm

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indicating, then it's directly next to the photo. We'll see it in a second. There's also several

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directly in front of us, which I'll show in additional photos. There's a lot from across

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the street. The house directly next door has a garage front. This is looking now down Monmouth

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Street. We can see several garages here in the distance, here as well, indicating with my cursor

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on page 23 of the photos.

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I'll look directly across the street at page 25.

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You can see pictured another garage.

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This is now looking again back towards Salmon Street

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on the opposite side of Monmouth at page 29.

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Here's our proposed rendering.

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So the lot itself is two lots next to the house

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that has that garage that I showed you previously.

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We don't own both of them.

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We only own this lot where we propose to build.

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you can see a massing that was prepared by the architect at page 32

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site plan at page 33 showing the large rear yard and this is the reason we got that deck refusal

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members of the board my client wishes to have a deck so they have some nice outdoor space

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above grounds and i'll show you the floor plans why that's important spiral staircase that's why

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we got our refusal but we still have a huge backyard i forgive the please forgive the image

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quality here i'm not sure what happened with my file but this is looking a little blurry

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so essentially we have a slab on grade foundation no no uh digging first floor we have two off

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street parking spaces and we're proposing to have a 10 foot wide curb cut so all together we're

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actually adding uh parking back on the block when you come down to total number of cars that can be

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parked on this block we have a lounge area downstairs a nice little kitchenette or a wet

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bar to hang out at half bath down here you come in the front door go up the stairs and now you're

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on the main living area bedroom kitchen big walk-in closet dining and living to the rear

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so because we have on the ground story just slab on grade for parking we have a nice little patio

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area but Maria really wanted to activate the main living space and have this rear deck so that's

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why we have the deck with the stairs so that when you come up to the main living space because

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you're not going to be hanging out in the garage area too much you have you can just walk out to

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you have you can just walk out to that nice open large deck with a big backyard uh owner's suite

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that nice open large deck with a big backyard

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is on the third floor big bedroom huge walk-in closet it's probably bigger than my bedroom in

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my house right now linen storage laundry bath and another bedroom to the rear this area here

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is open to the sky it allows light in this window to the rear bathroom that's upstairs in the third

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story. Here's the roof. Again, I apologize for the image quality members of the board. Page 35

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of my packet. We see the height of the building. We're not exceeding 38 feet. No roof deck.

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Again, this cross section really makes everything come clear. So because we would like to have the

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garage space on the ground and not a ton of living space, we activate the living space on the second

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floor with this beer deck and spiral stair that's the reason for our refusal that two cars stacking

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two cars stacking yes so with a 10 foot wide curb cut which you can't even park you know parallel

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park anything other than like a smart car in there right right okay we're taking two cars off the

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street and that's our presentation uh maria would you please raise your hand if you can and you're

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still on the line. Maria has been allowed to talk, sir. Great. Hey, Maria, just state your name,

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spell your last name, and give your address for the record, and then the chairman will swear you

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in. Sure. Maria Athanasiadis, A-T-H-A-N-A-S-I-A-D-I-S. Address is 1101 North Howard Street.

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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 i do thank you please proceed mr mogul great maria you've heard what i had to say today during

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the hearing yes if anything you want to add no and everything i said true and accurate to the

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best of your knowledge yes you adopt my testimony as your own yes will you invite me over to a sweet

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backyard party once you get this house built but of course all right members of the board

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this time is that a proviso i i wish it were enforceable

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okay uh questions from the board no no no anyone else would like to testify in this case if so

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please raise your hand other hands this time mr chair jason planning commission

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good afternoon chairman members of the board ian litwin planning commission staff

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this lot is designated for single family residential use in the comprehensive planned

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and a zone for that use rsa 5 zone does not allow for garages unless accessed from a rear alley

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adding a curb cut will reduce on-street parking therefore we recommended the variance for a

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front load of garage not be granted thank you mi 2020-002208 2718 east monmouth street my vote is

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yes my vote is yes my vote is yes my vote is yes thank you mr movahill stay by stand by you got

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the next case is yours also fantastic mi 2020-000289531 north 7th street

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good afternoon again members of the board

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yes uh also have you emailed an exhibit packet with the required documents proof of ownership

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proof of tax compliance copy of the refusal or referral folders and plans five days prior to

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this hearing yes have you met with the rco and have a letter i we have met with the rco they

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They sent a letter this morning after my submission for my packet. I don't have a copy of it here, but they did indicate their statement.

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And I believe Ms. Monroe, who's the RCO chair, may be on the line and she may testify as to that.

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Please proceed.

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Thank you. So members of the board, again, Leo Mulvihill for 531 North 7th Street.

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You may know this as the Latvian Society, which is located right next to the German Society, just off the Spring Garden.

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um refusal appeal and project information form are page one violation notice is at page seven

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i'll explain that area zoning maps at nine deed at 10 tax clearance at 26 zoning notification

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letter at 27 rco letter is i can grab a copy of it if the board would like to see that but i don't

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have it in this packet uh photos of the property are page 30 plans are at 53 uh so members of the

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board latvian society has been around at this location since the early 1900s you may have been

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there for a show I've been there for a modern dance performance they've had art galleries there

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basically what happened here is they either someone didn't do the right paperwork in the

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past or they just kind of didn't realize they had to get a license to

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