civus
Hearing video

ZBA Hearing - May 24, 2023

Philadelphia Zoning Board of Adjustment (ZBA)May 24, 20233h 57m

the board here grant our application, and with that, I would love to call Mr. Carlino

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up to the panelists, and if that's possible, I would like for him to adopt my testimony.

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Mr. Carlino.

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Yeah.

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Mr. Carlino has been about to speak.

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Hi, Mr. Carlino, could you state your name, please, and spell it for the court reporter?

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yeah steven carlino s-t-e-p-h-e-n c-a-r-l-i-n-o right do you swear or affirm to tell the truth

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Yeah, Stephen Carlino, S-T-E-P-H-E-N.

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the whole truth and nothing but the truth i do proceed counsel great mr carlino did you hear

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everything that i i stated before the board i did and would you adopt that as your testimony should

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you could you have been testifying yes i would all right but that will open themselves up for

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questions questions from the board notes here no mr chairman questions or comments from the virtual

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audience you know further hands mr chair planning commission thank you chair bergman and good

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morning. David Fecto with the City Planning Commission Chair and Board members. The

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comprehensive plan recommends no change to the residential multifamily zoning at this location.

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The proposed occupied area is within 10% of the required area in the zoning code. The proposed

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variance is in keeping with the spirit of the code and matches the approximate occupied area

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of other lots on this block. The City Planning Commission recommends the Board grant the

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dimensional variance for maximum occupied area.

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Thank you.

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MI 2022 007051, 243 to 45 South Camac Street, I vote yes.

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Thomas Holloman, my vote is yes.

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Ishmael Shaheed, my vote is yes.

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Thank you, counsel.

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Thank you.

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Good to see everyone.

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Okay.

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Is there anyone in the virtual audience whose morning case

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has not been called?

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Mr. Chair, excuse me, Mr. Chair, this is Hillary. I just had a brief update to

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our announcement on MI-2022-007-137-454 Delmar Street. We will now be voting on that matter

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today on the 2 p.m. list. Okay, thank you. So MI-2022-007-137-454 Delmar Street, we will be

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voting 2 p.m.? Yes, Mr. Chair, today. We were voting on that 2 p.m. today. Thank you. Is there

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anyone whose case has not been called? No hands, Mr. Chair. Okay. See everybody at 2 p.m. Thank you.

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Thank you, by the way, LaKeisha.

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Good afternoon. My name is Bill Bergman, and I will be chairing the ZBA hearing today at 2 p.m.

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With me is our Vice Chair, Ismail Shahid.

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Present, Mr. Chairman.

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Our Board Member, Thomas Holloman.

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Present, Mr. Chairman.

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And our Alternate Board Member today from Development Services, Emily Persico.

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Present, Mr. Chairman.

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Thank you.

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Also present is Hillary Emerson, our Attorney, and Tanya Sunkett, our Executive Director.

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Here's our virtual format.

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Be advised.

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The proceedings are being recorded.

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Video will be available by contacting TanyaSunkett at philo.gov.

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For the benefit of our court stenographer, we ask attorneys and witnesses to identify themselves before testifying.

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If you are participating by phone and you wish to testify, press star 9 to raise your hand and star 6 to unmute.

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To enter an appearance statement, call 267-270-5548.

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4548. Leave your email and the address of the property in question. And finally, the question

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answer box on the screen is not for comments or testimony. All comments should be directed to our

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Executive Director, Tanya Summel. Let's look at the continuances that we have this afternoon.

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Number seven, MI 2022-004-684-9800 Busselton Avenue, Parcel B. This case is continued.

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Number eight, MI 2022-005-364-2537 North 32nd Street.

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This case is continued.

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And number 13, MI 2022-001-797-2600 Montgomery Avenue.

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That case has been continued.

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Does anyone have any comments relative to the cases that have been continued?

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Good afternoon, Mr. Chair. I have a hand up by Ms. Mary Friend. I have allowed her to speak at this time, sir.

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Could you state your name, please, and spell for the court reporter?

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Yes, sir. My name is Mary Friend. M-A-R-Y-F-R-I-E-N-D.

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M-A-R-Y-F-R-I-E-N-D.

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Right.

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Right.

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Do you?

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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, sir, I do.

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What case are you interested in?

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I'm interested in 9800 Busselton Avenue, number seven.

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Could I be notified when the continuance date would be?

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Yes, we will let you know where the continuance is.

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I appreciate your time.

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Thank you.

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All right.

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No, thank you.

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Thank you for calling in.

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Are there any other requests for continuances?

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i see no further hands mr chair so we're going to go to cases that we do not have exhibits for

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number four mi 2022 004 690 300 to 02 south street is the attorney here meredith trego

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if you're in the virtual audience please raise your hand

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i have a hand up by miss eileen quigley you want me to vote okay i understand hi could you state

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your name please and spell for the court reporter good afternoon my name is eileen quigley e-i-l-e-e-n

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q-u-i-g-l-e-y right i am eileen hold up one minute okay you're going to be coming back so

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let me swear you in now do you swear for him to tell the truth the whole truth and nothing but

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the truth i do okay and martha's on leave yes she is and i apologize i did not hear the

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the appeal number for that so it's sure sure it's mi 2022 004 690 300 02 south street

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oh uh thank you that was um that appeal was withdrawn

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okay all right thank you so mi 2022 004 690 300 02 south street the case has been withdrawn thank

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you. You're welcome. Thank you. And then number 11.

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MI 2022 005 336 2000 North 20 Street. No exhibits second listing.

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i see no hands mr chair so mi2022 005336 2000 north 20 street

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the attorney may be on leave i'm going to continue that but must be heard next time

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And then number 14, MI2022-007-151-431-North 39th Street. Audrey Martinez is the listed applicant. No exhibits, first listing.

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Again, Mr. Chair, no hands.

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Okay, thank you. So MI-2022-007-151-431 North 39th Street, this case is continued, must be heard.

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And I have two other cases that have been withdrawn.

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number two mi2022-003-395-1510 north 25th street is david orphanetes in the in the in the audience

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yes sir i have allowed him to speak okay mr orphanetes could you state your name for the

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record? Certainly. Can you hear me? We can, sir. Certainly. It's David Orphanides, O-R-P-H-A-N-I-D-E-S.

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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. Is that case being withdrawn, sir? At the direction of my client, yes. I'd like to have the

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case marked this withdrawn and the appeal withdrawn. Yes. Thank you very much. MI 2022-003-395-1510

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and North 25th Street, that case has been withdrawn.

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Thank you, counsel.

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Thank you, sir. May I be excused?

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You can, sir.

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Thank you.

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And number 12, MI 2022-004893, 6600 North 12th Street,

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that case has been withdrawn.

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We're going to go to our add-on list.

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We're going to go to our add-on list.

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Okay.

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MI, number one, MI 2022, 007, 130, 160, 264, North 2nd Street.

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I vote yes for reconsideration and rehearing.

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Thomas Tolman, my vote is yes for reconsideration and rehearing.

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Ishmael Shaheed, my vote is yes for reconsideration and rehearing.

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Right. Number two, MI 2023-000259-90-Rochelle Avenue. I vote yes with proviso. Temporary

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Variance expires 6-1-26 and Commercial Trash Pickup three times a week.

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Tom Salman, my vote is yes with proviso.

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Ishmael Shaheed, my vote is yes with proviso.

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Number three, MI-2023-000-254-9122-Dews Street, I vote yes with proviso. Revised plans, three pages, stamped by ZBA on May 24th, 2023.

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free. Thomas Holloman, my vote is yes with provisals. Ishmael Shaheed, my vote is yes

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with provisals. Number four, MI 2023-002-604-2352 North 29th Street, I vote no.

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thomas holland my vote is no ishmael shaheed my vote is no

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and number five mi2022-007-137-454 delmar street i vote yes

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we're going to go to our regular list we're going to start with number six

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MI 2023 000403 725 North 16th Street Sean Whalen is the attorney

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we have recommendation of support from the united franceville civic association

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sorry sir mr whalen will be coming back in those panels thank you

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hi mr whalen could you please state your name and spell for the court reporter

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Yes. Good morning, Chairman. Sean Whalen, W-H-A-L-E-N.

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You swear or affirm to tell the truth, the whole truth, and nothing but the truth?

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Yes, I do.

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Could you identify your client and relationship to this property?

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Sure. I am representing Mount Fair Associates, the owner of the property.

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Okay. And our vice chair has just a few questions, sir.

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Of course.

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Good afternoon, counsel.

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So do you agree to waive the reading of the refusal and stipulate to its accuracy?

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Yes, I do.

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

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Yes, I did.

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Thank you.

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Please proceed and share your screen.

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All right.

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Thank you very much.

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So Sean Whalen from Vintage Law here on behalf of Mount Fair Associates, we're handling the cases under 725 North 16th Street, the property with the blue notification signal here on the aerial map that hopefully you're seeing.

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It actually includes 725 and 27 North 16th Street, both of which are owned by Mount Fair Associates.

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um both properties currently are improved with triplexes each with two bedrooms and the proposed

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project you can see here is mid-block on north 16th street we're about a block off of ridge

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um to the to the east here and we're right in between swain and brown streets you can see right

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here i've highlighted for you uh there's a little bit of glare um highlighted for you the two

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buildings next door here's a better symbol so you can see these

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uh next door here's a better symbol so you can see these buildings built out over most of the

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property and um their existing condition which is in very poor condition significantly you can see

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the rco letter uh overwhelming support and i will note and i'll touch on it later their support was

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based on representation, which we will include as a proviso today, that the two additional units

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that we're asking for, that's to put a conclusion in the beginning, we are asking for two additional

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units is basically the variance we're seeking. And we are seeking to put both of those additional

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units as affordable housing units under the code provisions. And with that representation and

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proviso, the Francisville neighbors were in overwhelming support. These properties are all

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zoned RM1. And here you can see this is a front image of the two properties in question. This is

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727 on the left and 725 on the right. I zoom out. This is an existing building of 10 units,

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45 feet tall, that used the moderate income housing bonus. This was also owned and developed

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by Mount Fair Associates. What we are seeking to do today is we can build a six-unit building

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by right at 725 to 27 North 16th. And what we seek to do is to, instead of building a six-unit

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building with an additional elevator and two new stairwells we would seek to use the stairwells

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and elevator in the adjacent building of the same owner at 721 to 23 north 16th street and

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what happens is in that building it does not change we have no dimensional variances required

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the same building would be built. Removing the two stairwells that are required by code

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and the elevator that would be required by code leaves enough extra floor area in the new proposed

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building for two additional units. As I said before, that's the variance we're seeking is

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we can build six units by right with two stairwells and an elevator. Instead, we would

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like to build an eight-unit building at 725 to 27, we would then use the two stairwells and the

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elevator at 721 to 23. And the two additional units that we could then put into 725 with that

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additional space would be affordable housing units. You can see, again, this is immediately

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across the street. This is a very mixed neighborhood of high-density residential and

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low-density residential. You can see entirely built out block by block. This is looking north.

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This is looking south. And again, you can see additional new construction being built just

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down the block for significant units. So again, what we're seeking to do is actually,

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in order to do this, our new building would be considered an addition as opposed to just

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new construction because it would not stand on its own. It would utilize, again, the elevator

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and stairwells of the existing building. So this is the approved consolidation plan, what you see

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here. So our application before you today is one to consolidate 721 through 27 North 16th Street

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into this large parcel that you see on the right. That would then allow us to build an addition onto

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that existing building and utilize that extra space. So here's what we're doing. This is the

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existing building. It's much larger and much taller than the building we're proposing. The

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building we're proposing, again, meets all dimensional requirements. It does not exceed 38

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feet. We are not seeking to use any bonuses, and we don't need any open area or any other kinds of

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variances. Rather, here's the notice of refusal, and the only issue that we have is for those two

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additional units that we're seeking. Again, we are allowed to put in six new units at that building,

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and we are seeking to instead put in eight because we'll be using

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And we are seeking to instead put in eight because we'll be using the stairwells and existing elevator in the current building adjacent to us.

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And again, the RCO felt strongly comfortable that based on the representation that those two new units will be affordable housing units,

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they were strongly in support and very excited for additional affordable housing to be brought into the neighborhood, which is a serious issue in the neighborhood.

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So, with that, I would rest and just call my client to adopt my testimony.

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Board Chair, do you have?

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Yeah, sure.

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