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Hearing video

ZBA Hearing - February 26, 2025

Philadelphia Zoning Board of Adjustment (ZBA)Feb 26, 20258h 26m

basically every station usually requires a hand sink so that's kind of what we do to match any

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other questions from the board so what's going on here on the um no back to that plane so this is

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the first floor where the blue and the green and the pink are yes what's this on the is that

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additional seating and what have you no there is no second floor yeah it's not going to be a second

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no yeah our scope will be first floor and just basement for for dry storage okay and we're not

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doing anything to the upper floors it just it's it's challenging to have so it's just the same

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thing it's just with no it's blown up yeah no colors yes i realized you weren't gonna be able

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it'd be tough to read so we tried to color code it to make it a little bit easier to understand

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in here and so how much seating are you uh going to have i believe we're at in that

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And so how much seating are you going to have?

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I believe we're at, in that layout, approximately 22, somewhere in that range.

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Let me see, 2, 4, 6, 8, 10, 12, 14, 16, 18, 20, 16, 26, 26, 28.

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So somewhere between 22 and 28.

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This is like a preliminary idea of the layout.

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It certainly wouldn't be more seats.

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It would most likely be a little less just to make it – because our decor plans are usually developed after the fact.

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Okay.

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And when you talked about the touchscreen and then you said something about – did I hear DoorDash?

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Did I –

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Yeah.

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So Uber Eats and DoorDash is a huge part of our business.

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And it's just with the younger generations using technology, using their phones, and using the McDonald's app, they get special pricing and special deals.

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so a lot of the um offers will be made through uber eats and all that and typically we'll have

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so a location like this you could have runners for example people who come from uber who come

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by and pick it up and drop it off the nearby apartment complex or you might have someone

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on a bike for example who kind of comes by and um and picks up an order and then takes it to their

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their uh delivers it to the client wow so it's more takeout than it is really for eating well

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but i think it's we're set up for both i think it's going to vary depending on the time time of

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day season um i think some some folks may use the entire internal um dining room for example

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lunch a good a good opportunity for those who work in the area who want an inexpensive lunch

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they may come in and sit and sit inside some folks who are waiting for the bus may come and

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make a quick order and take some food with them it so it really is we can sort of predict but not

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really we kind of have to see how the customer you know adjust and so that's why we wanted to

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make sure we had a dining room as well we didn't want to make it just take out because there are

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a ton of customers who like to come in in the morning and sit and have their coffee and stuff

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like that so all right thank you yeah you're welcome great any other questions from the board

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questions from my attorney hillary emerson um just briefly just the only while it has eating

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and drinking establishments on it it does specify takeout restaurant so i think that's what's how

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alan i is looking at it currently so i just wanted to be clear on that um and then you referenced

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the signage was that that's separate zoning application i have not submitted we've not

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submitted for zoning yet okay we did in case the question came up our commission approval yeah okay

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i just want to clarify because i didn't see it on this application you're right and the signage is

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is full it would be fully code compliant but we weren't going to do that until unless we got the

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approval and i would just say as far as a special exception i think um you know we we are in

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compliance with 14 3037 um there's no impacts here um that you would that would be any more

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than you would expect from a takeout restaurant as far as congestion in public streets or

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transportation we don't have a drive-thru we don't have a parking lot overcrowding the land

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we're not adding any additions to the building um impairing an adequate supply of light and air

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to adjacent property. Again, we're not increasing the size of the building. We're actually

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making sure that this building gets preserved because it really does need some work.

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Permanently enduring the use of adjacent conforming properties. Again, supporting this building

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and working closely on operational issues. And I think we're fully in compliance with the rest

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of the standard. And we do have a zoning memorandum at 19 that goes through this and provides further

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the substantiation but i think i'll stop there at seven o'clock or wherever we are tonight

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thank you we'll be going home before we go i also have uh thomas kreebel who is our project

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engineer i guess if you could just adopt my testimony real quick sure thank you please state

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your name as fellow for the court of synagogues uh thomas kreebel a r i e b e l you swear to tell

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truth the whole truth and never meant the truth i did please proceed counsel uh mr cribley uh who

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are you employed by uh i'm employed by bowler engineering okay and you were the project

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engineer on this project correct i'm the lead design engineer okay and you heard uh my testimony

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yes uh and was it uh truthful and accurate yes and you adopted as your own i do great i have

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no further questions thank you council uh any other questions from the audience or the virtual audience

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i do not see any hands mr chair planning commission

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thank you chair michael gall with the city planning commission the comprehensive plan

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recommends no change to the cmx 5 commercial mixed use zoning at this location within the

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center city overlaid the proposed use is permitted in this zoning district with special exception

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approval from the zoning board the proposed special exception exception is de minimis and

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will not cause adverse impacts of this location beyond what can be expected therefore the city

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Therefore, the City Planning Commission recommends the board grant the requested special exception for takeout restaurant use.

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planning commission recommends the board grant the requested special exception for a takeout

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Thank you.

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MI-2024-006947-1604 Chestnut Street.

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My vote is yes with proviso, interior trash storage, commercial trash pickup, trash pickup, and deliveries to occur in rear alley.

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My vote is yes with provisos.

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Cheryl Gaston, my vote is yes

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with Provisors

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Tanetta Graham, my vote is yes with Provisors

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Thank you, sir

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Thank you for your time and consideration

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Hope to be back here on some more McDonald's cases

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We welcome McDonald's back to Philly

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MI-2024-006914

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910-914 Welder Street

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David Orpani

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Councilman?

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Is Mr. Orphanese

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in the virtual order?

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Yes, sir. He'll be promoted

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to panel of assorting.

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Good evening.

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Good evening. Can you state your name

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to spell it for the court scenographer certainly my name is david orphanides last name is spelled

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o-r-p-h-a-n-i-d-e-s where to tell the truth the whole truth and nothing but the truth i do

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you please identify your client my client is gian paulo gian paulo lucci and he's the owner of 9 10

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to 14 uh wilder street thank you um our board member um miss graham has some additional questions

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for you. Sure. Thank you. I'm sorry. Have you emailed all the required documents and exhibits

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needed to proceed with this case five days prior to this hearing? We submitted everything except

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for our posting photographs, which we submitted over the weekend, and then we were unable to pull

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the tax clearance certificate because the OPA is still showing, even though my client purchased

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the property in 23, they're still showing the prior owner as the owner of the property. So we

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weren't able to provide tax clearance, but today we uploaded the screenshot showing that there are

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no taxes due on the property. Okay. And do you agree to waive the reading of the refusal and

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stipulate to its accuracy i waived the reading but i don't stipulate to its accuracy not that i

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think it really matters in this case because we have non-opposition from the community and from

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the uh council member mr squilla hey thank you you can proceed show your screen sure thank you

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everybody see my screen yes okay great yeah my name is david orphanetes um i'm here representing

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jim paulo lucci who's the owner again of 910 to 14 water street uh property that's the subject of

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this uh this application this appeal uh photograph of which is up on your screen right now i also

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have with me Christopher Stromberg, who is the architect on the project. As you can see,

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there's an existing structure on the property. It's a triple-wide, 910 to the 914 wide lot,

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so three times wider than the properties that extend to the east of it, and you'll see in a

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couple of minutes what else is surrounding it. The application is to put two stories on top of

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this existing structure that obviously has an existing curb cut, an existing garage door,

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and subdivided the lot. Well, subdivided the lot in half and on top of the existing structure to

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put two additional stories for two single-family dwellings, accessing the existing curb cut,

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which will be made a little bit wider for two off-street parking spaces, one for each unit.

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um there's going to be a roof deck above the third floor there'll be a deck off the rear of

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the second floor um the we are dimensionally compliant in all respects uh except for the

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third floor and i'll get into that in a minute you'll see in the photographs you can see in this

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photograph that we have the two-story to the one side we actually have a one-story structure to the

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other side um although that's that lock goes all the way through to dickinson street and there is

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a two-story portion fronting on Dickinson Street, and due to the technical language of the zoning code,

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um fronting on dickinson street and due to the technical language of the zoning code i don't

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believe we should have been issued this refusal but in any event we are here today um the this

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is a rendering which you'll see in a couple minutes uh of what we're proposing um i have

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revised drawings the original application just had three stories going straight up and you'll see

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that in our in the drawings that i'll provide to you and show you in a couple minutes and what we

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did is we changed the front of the third floor into a mansard with dormers to kind of soften

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the height there. We are dimensionally compliant in terms of height. We're reusing the ground floor,

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which is not dimensionally compliant, but the second and third floor, which extend above the

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existing one-story structure, is dimensionally compliant, as is the roof deck. Here are some

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aerials. You can see the property here, and I'll get a little closer. There you go, 910 to 914,

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not far off of Passyunk over here. If you go back, you have the Acme up here in the upper

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left-hand corner. You have the CVS, the 24-hour CVS, basically across the street. And then next

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to us, what you have is you have the Southwark Post Office. And again, that extends from Dickinson

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in the Wilder Street. The portion that's next to us is one story, but the older portion that's

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again on Dickinson Street is more is two stories. And when we go to the refusal, again, you'll see

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why we don't think that the refusal should have been issued, but we'll go through this pretty

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quickly. Here's a close-up. You'll see in a couple minutes, 904 Wilder Street went to the zoning

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board back in 2018 at calendar number 33906. It was new construction. They had three variances

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that they needed, one of which was also not having the front setback above the third floor

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because they are between two two-story structures. That third floor went straight up, and you'll see

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in photographs, and all three of those variances were granted by that zoning board that was in

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place at that time in 2018. We only have the one variance in this case. Here's a close-up.

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The property since 1954, you can see right here, there's a zoning permit. And why it looks like a

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garage is because dating back to the 50s, it was a garage, auto repair with body and fender work.

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So it was a garage dating all the way back to the 50s. Again, that's why we have a building that

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has this use has this appearance of an industrial commercial building that as you can see with the

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permit this property used to be zoned commercial acom which was prior to the prior zoning code

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the property has since been remapped as rsa5 and you can see here the whole block is rsa5

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you have ca1 across the street for the cvs and then ca1 across uh pass young where the acme is

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here you've seen this picture already here's the subject premises

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the existing curb cut that we're going to be widening a little bit for the two

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to put in the two garage doors and as you head east you can see here here is the one story

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portion of the post office facility here's a view a little bit from the east

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dumpsters then you have a three stories property with a three story structure at the end of the

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block on our same side and then swinging around again cvs with the parking lot here you have

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south percy street and then heading eastward uh on wilder street this is on the north side

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opposite you see there's a three-story structure at the end of the block and then swinging back

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around you can see here where the arrow is that's 904 wilder again they have a similar man so i

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I think before I said that it went straight up,

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but they have a similar mansard to what we have.

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And they had other variances as well

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that they were granted relief by the zoning board for.

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And then we have the two-story that's next to us.

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Existing interior photos, you can see it's all open.

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The existing garage door is to the right here.

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And the existing garage door is here, it's to the left,

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looking west or looking east as the case may be.

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the application again is to subdivide the lot into two lots again it's a three to triple wide

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lot the other lots extending the residential lots extending to the east of us are generally all 16

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feet I think the one next to us since 902 is 16 one and a half inches they extend to a and include

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a three-foot alley our property extends to the middle the half of or the middle of a two-foot

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wide alley, essentially the same size, just about the same size lots. But our lots will be bigger.

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essentially the same size, just about the same size lots. But our lots will be bigger

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than the existing lots to the east. And consequently, you know, we're going to have

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nice size units. We're not looking to, we weren't looking to whack this up into three units.

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The client's not looking to be greedy about it. One's two nice size, single family homes with,

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again, the off-street parking. Those lots are dimensionally compliant because they are so large.

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And then here are the original zoning drawings.

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As I mentioned, you can see up here, the third floor was just done straight up.

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You can see here in the section down here at detail 3C.1.

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Again, the third floor going straight up and then showing the pilot house and the roof decks above the deck at the back of the second floor here down in the bottom corner at 1C.1.

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The revised drawings you can see here.

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And again, we've changed.

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We've shown the mansard.

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You can see here in the section that I referenced earlier, 3Z.1, where it angles backwards, softening the third floor like 904 did.

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And then it's shown again in the site plan view and then in the roof view of just the top of the building.

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Here's an elevation drawing showing the existing front and then what we're building above it and then what we're proposing to the left.

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the section that's shown in part on the zoning drawings again showing the mansard

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that we've set back on the third floor um there's a single family residence behind us which at one

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point uh the prop both properties might have been owned by i think were owned by the same person

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and the garage might have been utilized by the owner of 915 you can see that in the zoning

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archives here are our floor plans so what we're proposing for for the uh for each of the units is

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They're a three-bedroom, two-and-a-half bath, and you can see that the main common living area is on the second floor with the walkout deck out the back, which is a nice feature.

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And then what you have on the third floor is all the bedrooms.

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You have a larger primary bedroom and then two smaller bedrooms, two baths.

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There's a powder room on the main living floor.

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The ground floor is really nice, has a garage, has a mudroom, nice wide open staircase.

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You don't get that real narrow hallway that you often get when you have garages at the front of a property and then a real big home office or storage area at the rear.

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