civus
Hearing video

ZBA Hearing - March 27, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Mar 27, 20245h 37m

mr richardson has his hand mr richardson has their hand raised okay sure

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good afternoon chair all right sir mr richardson you already been sworn what case are you interested

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it in? The one that you're speaking of now. Go ahead.

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Croson Street. Unfortunately, they've been unable to meet

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with the RCO. And there have been some snafus that

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have taken place. So I thought Mr. Menlo was going to be coming on

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to request a continuance. I don't know that he knew that he needed to

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necessarily do that. But I'm making a request for a continuance for them so they

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can meet with the RCO. All right. Thank you. So

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So MI 2023-003-244-5558, Crosstown Street, that case is continued.

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Thank you.

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Okay, we're going to go to our add-on.

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Number one, MI 2024-000149-2350 East Albert Street.

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The vote in this matter is being rescheduled to Wednesday, April 3rd, 2024 at 2 p.m.

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Number two is a re-vote from last week, MI 2024-00328-6109.

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MI 2024-00328-6109 Market Street.

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I vote yes for a temporary variance that expires 327-27.

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Mr. Snell, could you certify this, that you saw this video?

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Yes, Mr. Chairman.

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There you go.

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I was trying to get on the video screen.

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Yes, for this case, I certify that I watched a video and am able to vote on this case.

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Okay.

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Could you vote, sir?

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My vote is...

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I apologize to interrupt.

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I just want to confirm it's...

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You're certifying that you watched the video of the October 25th, 2023 hearing in this matter?

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That is correct.

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Yes.

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Just for the record.

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Thank you.

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Yep.

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And my vote is yes.

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With proviso?

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With proviso.

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Right.

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Mr. Holloman?

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Thomas Holloway, my vote is no.

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Thank you.

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Ishmael?

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Ishmael Shaheen, my vote is yes with proviso.

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Thank you.

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Okay, we're going to go to our regular list now.

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Number one, MI 2024-000257, 2401 Aramingo Avenue.

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Leonard Altieri is the attorney.

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There's a letter of non-opposition from Old Richmond Civic Association, a letter of non-opposition from Council Member Squillard.

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They're coming back in as a panelist, Mr. Chair.

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Thank you.

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How are you, Mr. Chairman?

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Hi, how are you? Good. Could you state your name, please, and spell for the court stenographer?

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My name is Leonard, L-E-O-N-A-R-D, Altieri, A-L-T-I-E-R-I, and I am with the law firm of Claire Harrison.

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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, Mr. Chairman.

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Could you identify your client and relationship to this property?

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Yes, my client is P.N. Restaurants, and they are the tenant at 2401 Aramingo Avenue.

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Okay, and our vice chair has just a few questions for you.

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good afternoon counsel do you agree to wait to read another refusal or stipulate to its accuracy

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

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proceed with this case spot needs in advance of this hearing i have thank you please proceed

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thank you very much uh again for the record my name is leonard out here with the law firm of

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claire harrison representing pn restaurants who are the tenants at 2401 aramengo avenue

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We're here for a very simple matter before the zoning hearing board, specifically a special exception to allow eating and drinking establishments and a takeout restaurant in the zoning districts.

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24-0-1 Aramingo Avenue is located in the Fishtown Crossing Shopping Center.

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This is an aerial just to orient the board.

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The property is zoned CA2 auto-oriented commercial too.

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It's also located in the NCA North Delaware Avenue Overlay District.

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My client is a Popeye's restaurant that is proposing to construct itself on this existing pad site, which is shown right here.

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A 2,447 square foot restaurant with a drive-thru.

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As I noted earlier, eating and drinking establishments, takeout restaurants require special exception approval in the NCA North Delaware Avenue Overlay District.

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Now, what's interesting about this property, and this is where it's going to be right here again, here it is again in this pad site.

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The board, this is just the schematics of the proposal and again, some renderings.

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The reason why I say this is an easy case for the zoning hearing board is that the property owner previously received zoning approval for the same use in 2018 for matters that were outside of the client's control.

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they never moved forward with construction of the Popeyes. So essentially, the relief has already

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been granted once before, and then it expired. And so we went through the process, again,

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because of the expiration of those permits. As was noted by the chairman, we did meet with the

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old Richmond Civic Association on February 27, 2024. There were no members of the community who

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attended the meeting. No one who was in the affected area attended. And so the RCO has

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provided a letter of non-opposition.

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With that, Mr. Chairman, I have no further

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comments

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for the board.

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I do have, again, the notice

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letter and then also the

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postings, which have all

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been admitted and accepted.

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I do have the Director of

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Construction for PN Restaurants, Ed Bash,

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as well as Jeremy Danley,

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who's from Albert Tross, if you want to call Ed on

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to promote him as a panelist, sir.

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Yep.

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Ed, if you can just raise your hand.

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and if you can just raise your hand

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They've been allowed to speak.

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Thank you.

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Sir, could you please state your name and spell for the court stenographer?

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Certainly.

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It's Ed Baksch, B-A-K-S-H.

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Great.

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

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I do.

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Please proceed, counsel.

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one. Ed, were you on the call when I went through the presentation? Yes. Okay. And did you hear

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everything that I stated on the call? I did. And is everything true and accurate to the best of

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your knowledge, information, and belief? Yes, it is. And you were authorized to speak on behalf of

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PN Restaurants? I am. And if I was to call you to testify today, would you adopt that testimony

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that I provided as your own? Yes, I would. All right. I have no further questions. Thank you.

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questions from the board no mr chairman no chair no chair questions or comments from our attorney

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brian mccherry no mr chair questions or comments from the virtual audience

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i do not see any further hands mr chair planning commission

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good afternoon chair peter bernard for the planning commission

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Peter, just for the record, could you spell your name for the stenographer?

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Yes.

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My name is spelled P-E-T-E-R, B as in boy, A as in apple, R as in Roger, N as in Nancy,

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A as in apple, R as in Roger, D as in dog.

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Right.

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

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I do, Chair.

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Please proceed.

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the comprehensive plan recommends no change to the existing ca2 commercial at this use

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commercial use at this location we feel the proposal would have no more impact than

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what can reasonably be expected accordingly the planning commission recommends the board

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grant the variance thank you mi 2024 000 257 2401 aramingo avenue i vote yes

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Thomas Holloman, my vote is yes.

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James Snell, my vote is yes.

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Dishmiel Shahid, my vote is yes.

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Thank you, counsel.

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Thank you very much, Mr. Chairman.

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Number three, MI 2023-004-915-843-North 40th Street.

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Darwin Beauvais is the attorney.

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There's a recommendation of support from the Mantua Civic Association

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and Councilmember Gauthier has taken a position of support.

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They're coming back in as a panelist, sir.

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Okay.

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Council, could you please state your name and spell for the court stenographer?

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Good afternoon.

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Mr. Chairman, members of the board, my name is Darwin Beauvais.

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I'm at 1500 Market Street, and I represent the applicant, North 40th Street LP.

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I believe that, yes.

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You swear a firm told truth nothing but the truth?

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I do.

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

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Good afternoon, counsel.

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Do you agree to waive the read and other refuse or stipulate it to its accuracy?

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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 five days in advance of this hearing?

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Thank you. Please proceed and share your screen.

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yes and while i'm in the midst of pulling up my uh mr michael thorpe could raise his hand in a

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virtual ordinance audience so he may be called on later okay so mr chairman members of the board

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We're pleased to put before you what's going to be the final parcel on a comprehensive low-income tax credit plan that's approved by the Pennsylvania Housing Finance Agency, and as well as, as you stated before, the local council person.

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We have submitted Exhibits 1 through 16, which includes our refusal, as well as our deeds, plans, letters of support, and photos.

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I would like to start someone on Orthodox to.

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Someone unorthodox to give the board an inkling of where we are.

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Can we see this Google image?

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No, we're still looking at your first page.

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Okay, let me just probably reshare because I think it's the essence of our

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okay we can't see it now we do see it okay so

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the

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the point where the trees are

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Darwin, you're breaking it. Darwin, you're really breaking it up a lot. It's hard to hear you.

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Let me see. Does this work?

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That's a little bit better. Yeah.

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okay the this is the essence of our refusal we have we are abutting this lot and this lot

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sets back 22 feet we are proposing to set back only six and and less just under six and a half

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feet let me just show the rendering if I can stop sharing and go back to the presentation

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Thank you.

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Okay, here's a rendering of what we are proposing.

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The structure that I showed you earlier, sitting back 22 feet, and we're looking to build a

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three-story, three-unit residential structure, an RM1 residential district.

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Our position is that, and we're hoping that the Board accepts this, is that we're looking

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to set back only just under six and a half feet to align ourselves with other approved parcels

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that was part of our package to receive the low income tax credits. To align ourselves with this

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structure, which was a commercial structure that is 22 feet, we think that would take away

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from the livability as well as the nature and intention of having residential units.

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If I can show you our site plan.

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So if I can zoom in, this should give you a better sense.

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So here's 40th Street along the left of your screen.

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Here is what we're proposing, and here is the structure.

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The structure is completely, is set back almost half the length of the building.

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If we were to set back to the most western part of this building,

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we would still lose so much livable space.

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Now, just to show the board what our intentions are, here are our floor plans.

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We can start here.

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We are looking to build a three-story, three-unit structure, all one-bedrooms.

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Each structure will be a little bit over 750 square feet.

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This, again, it's an affordable housing project that's being spearheaded by one of the local CDCs, Mount Vernon CDCs.

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Now, as a result, we are, if we can just go to the refusal.

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step back

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as I described

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to you

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earlier

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and as a result

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right

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we're

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we're

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we're

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still

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are

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used

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