civus
Hearing video

ZBA Hearing - January 8, 2025

Philadelphia Zoning Board of Adjustment (ZBA)Jan 8, 20256h 57m

Please proceed, counsel.

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Good morning, Mr. Cain.

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Were you on the call when I presented your project at 2015 Orthodox Street?

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Yes, I was.

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And if you've got the opportunity to testify, would you adopt my testimony as your own and as true and correct?

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Yes, I would.

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Thank you, Mr. Cain.

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Questions from the board.

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Yeah, just a couple questions.

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On the rear elevation, there's access from the first floor directly to the yard, it looks like, right?

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Correct, Mr. Johns.

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from that from that um well i guess it's like an efficient seat space because it has the bedroom

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and everything and the kitchen and everything yeah and the the window to the right um there

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looks like there's a is that is oh that's is that a balcony or is i can't tell from there

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i believe that's an egress well uh it's an egress row with a railing around it correct okay okay

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Okay, but I don't see the door from the first floor on the plan.

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I mean, I see it on the elevation, but I don't see it on the plan,

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so I'm just trying to make sure I'm looking at the right thing.

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Right. Let me see if I can find that.

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If you go to the revised floor plan, right?

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So I see the steps, but is that...

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Yes, it looks like the door is not there,

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but that's certainly where the door will be.

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And I can bring the architect on to confirm that if you want.

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Well, I mean, it shows it on the elevation.

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I think it just. OK, but so so these units are so their total of four units, they're by level.

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These units are, so they're total of four units. They're bi-level. In the basement, you've got these sort of media rooms and calling them media rooms instead of living rooms, right? With egress wells. And then you've got, so they're, and what's the maximum height you've got? You have no height refusal, right?

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Right. No height refusal, under 38 feet.

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Okay. And your refusal is for again?

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For the setback of the front decks and for use because it's RSA 5.

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Gotcha.

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All right. Thank you. Thank you, Ms. Johns. The questions from the board? Yes. Are there any other properties that have setbacks along, I guess, your side of the street or that hundred of the block?

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Let me go back to the area.

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I believe the answer is no, Ms. Graham.

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And the reason we did it was because, you know, this distance between the existing building and our building would be about four to five feet.

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So we were able to bring the front back 20 feet, which is going to bring at least some light and air into the front part of the building, more so than the rear of the building.

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That was the thinking behind it.

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Questions from the board?

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Questions or comments from our attorney, Hillary Emerson?

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um just brief excuse me um just briefly um mr clinton i know that you did submit the revised

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floor plans just wanted to be clear the board can't stamp those because they're floor plans

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but you know did receive them and you've gone over them with the board just understood i just

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thought it would be best to show them yes yes no that's fine thank you i should do comments from

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the virtual audience. There are no hands, Chair. Planning Commission. Thank you, Chairman, and good

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morning. David Fecto, City Planning Commission. Chairman and board members, the comprehensive

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

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building at 2017 Orthodox has approvals for four dwelling units and ground floor commercial dating

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to 1991. The prior building at 2015 Orthodox had approvals for the same prior to demolition.

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Planning staff are also aware of several other multifamily dwellings on this block face,

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ranging from two to four dwelling units. However, all of the buildings on this block face are placed

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against the front lot line. The appellant has not shown that an economic detriment would accrue

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if they were forced to do the same. So the City Planning Commission recommends that the board

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grant the proposed use variance for four dwelling units, but deny the proposed dimensional variance

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for maximum front setback for the structure and deny the proposed dimensional variance for minimum

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front setback for a roof deck. Can I address that, Mr. Chairman? Please. So the idea was to give some

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open space to every occupant on each floor. And so for the setback, we're able to do that for the

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first floor, who also has rear, don't forget the back unit is bi-level, and they have access

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to the yard.

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So this would be some open space for the first floor, and then you'd have some open space

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for the second floor.

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And also the thought was to bring some light and air to the building next door.

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Certainly, if we pull the building out, it makes the units bigger and makes it more of

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of a massing type building, which we understand,

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but we thought that this would be a better avenue

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to make it more viable for not only the residents

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of the building, but also of the neighbor next door.

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So I understand that planning commission's comments,

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but there was some forethought behind what we decided to do,

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but I'll leave it in the board's hands.

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Thank you.

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MI 2024-004-871-2015

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Orthodox Street, I vote yes.

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Michael Johnson, my vote is yes.

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Cheryl Gaston, my vote is yes.

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Tanada Graham, my vote is yes.

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Aywin, my vote is yes.

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My vote is yes.

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Thank you, Mr. Clinton.

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Thank you, Mr. Chair.

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Thank you, Mr. Board.

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Number 10, MI 2024-004-946-2137

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7th, South 8th Street. Dennis George is the attorney.

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We do not have a letter of summary,

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but there was a meeting held November 25th, 2024.

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But there was a meeting held November 25th, 2024, in front of the Lower Moy-Mensing Civic Association.

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Dennis George has been promoted to panelists.

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Morning, counsel.

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Mr. Chair, so I just wanted to update one thing.

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We did receive a letter of opposition from Lower Moy-Mensing Civic Association.

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and we also received a letter of opposition

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from Council Member Squilla's office.

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Mr. George.

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Good morning.

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Good morning, Council.

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Could you please state your name

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and spell for this stenographer?

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Dennis George.

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D-E-N-N-I-S-G-E-O-R-G-E.

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2000 Market Street, Suite 1440, Philadelphia 19103.

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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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I do.

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Could you turn on your video, please?

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Yeah, I'm trying, Mr. Chairman.

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Let me, there it goes.

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Okay, sorry.

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Good morning.

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Could you identify your client, the relationship to the property?

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Patrick Zen, Z-E-N-G, is the owner, along with Jennifer Ruao, R-U-A-N.

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Vice Chair has a few questions.

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Good morning, Council. Do you agree to either read another refusal or stipulate to its accuracy?

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I do.

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Have you emailed in all the required documents and exhibits as needed and required to proceed with this case five days in advance of this hearing?

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I have.

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Thank you, Council. Please proceed and share your screen.

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Thank you.

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yeah i apologize i'm not in the office so it's um i'm trying to get to the screen

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uh just if i can give you an overview this is for a um currently the property is two apartments and

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one commercial space and the request is to convert the commercial space on the first floor

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to an additional apartment. The commercial space has been vacant since the pandemic.

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This was housed by a small business, an insurance company. But since that time,

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most of these businesses have no longer occupied the spaces. And on either side of this building

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is a similar building with two apartments and a commercial space, which is also vacant.

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So the hardship for my client is he has attempted,

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he's put signs up and attempted to rent this facility as a commercial space,

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but it's no longer anyone is interested.

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Counsel, you should put your documents up because as you speak,

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it would be easier to look at photos and things of that nature.

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I apologize.

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Do you see at the bottom of the share screen?

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Yes, let me get that.

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You want to open your documents and hit the share screen.

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Counsel, why don't we do this?

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Well, I don't, we're going to move on.

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We only have a couple of cases left,

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about two or three cases.

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I'm going to move on.

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We'll come back and get you.

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Maybe by then you can call somebody

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at your main office

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and they can help you get in there.

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Okay?

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Thank you.

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Oh, sure.

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Let's see.

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Number 15, MI 2024-005-238-1353 South Hollywood Street.

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Henry Clinton is the attorney.

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recommendation support from Tasker Morris

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Neighbors Association

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there was other RCOs

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present

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Grace Ferry Council, Philly Thrive

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and ROAD

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Mr. Clinton

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is coming back as a panelist

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morning again Mr. Chairman

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Mr. Clinton just for the record state your name

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You're Henry Clinton.

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Could you identify your client in a relationship to the property?

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Sure.

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My client is James McCann, capital N-C, capital C-A-N-N.

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He is the owner of the property, and he's on the call.

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Vice Chair has a few questions.

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Good morning, Counsel.

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Do you agree to wait to read another refusal or stipulate to its accuracy?

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I do, Mr. Shahid.

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

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

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proceed with this case five days in advance of this hearing yes we have thank you council

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please proceed thank you uh good morning again mr chairman is that visible it is all right uh

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so i'm here on behalf of mr james mccann 1353 south hollywood street this is a legalization

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of an open two-car parking space area that has been in existence a minimum of 50 years,

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possibly longer, which was once a three-car enclosed garage with an existing curb cut.

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And Mr. McCann has been a resident and his family have lived directly across the street

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from this parking space for about 50 to 60 years. Why it comes before the board is because,

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and i'll show you the photographs adjacent to this open parking space are two other garages

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and a gentleman who owned those two garages was doing auto repair and auto cleaning and the l and

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i i mean the uh the inspector thought that mr mccann was doing it and when he looked at the

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zoning records he said oh this isn't legalized so that's why we're before the board today

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I have Table of Contents A1 through A10.

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The refusal is concerning surface parking.

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We're looking for the creation or legalization of two surface parking spaces for use as a non-accessory parking area.

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You have two refusals.

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One is surface parking and requires a special exception, which, as the board knows, is a lesser standard than a refusal.

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and the other refusal, frankly, it's unintelligible to me,

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but compact spaces are not allowed

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unless a minimum of 25 spaces are on the lot

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and we're only asking for two spaces.

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We certainly do not want 25 spaces.

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This is the RCO letter of support

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from Tasker Marsh Neighborhood Association,

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which is one of the three or four neighborhood groups

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in the Grace Ferry neighborhood.

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uh and here's the photograph so this is an aerial photograph where the red balloon is

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are the two parking spaces we're looking north where my cursor is is grace ferry avenue

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uh the through street here is reed street 29th street is here and then hollywood street which

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is the address of the two parking spaces uh is to the west of 29th street just a closer up view

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There's some new construction going on right next door.

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But here's the two garages I was talking about.

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And this used to be a garage also.

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I do have one dated photograph.

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