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Hearing video

ZBA Hearing - June 8, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Jun 8, 20224h 3m

a copy of the refusal or referral photos and or plans of the property five days in advance of

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this hearing and have you met with the RCO and do you have a letter yes to all questions okay great

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you may proceed and begin sharing your screen thank you I will share the exhibit we had submitted

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regarding 23-12 first I will also show 23-34 shortly to the board these are very similar

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applications in that both are essentially applications for use in a CMX2 commercial

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district. However, we are requesting that the board entertain to allow the commercial space

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to be used as residential. There are reasons for this. If we look at the area, particularly through

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the photos, we do understand that Germantown Avenue is a commercial corridor by design. However,

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if you look at the area, the area itself is currently very much full of vacant lots. And

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there's actually a lack of supporting residential uses, which would help a small, and that is

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another factor of these lots, a very small commercial space to survive in the area.

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my client's property while it is on a vacant lot and will be a new construction the lot size is

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relatively small and it is abutting one lot is abutting a church while the other one is further

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down the block both have the issue of a small overall lot size and i'm going to go ahead and

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show the plan as a way to better indicate that situation to the board

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If you look at the site, the lot itself is not very deep.

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The actual building with conforming open space requirements is about 46 feet deep for the larger lot, and 2334 is actually a little bit smaller, 20 foot wide in the front.

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While it is about 800 square foot of space, a small business taking up a space of that size would really require local support, local residential support to really survive.

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At the present, unfortunately, that area, it is very difficult to see that happening.

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Because of this, when we presented it to the community, I'm going to go ahead and zoom out so it's easier to see the remaining plans.

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When we presented it to the community, the community also recognized the situation. They understand that, of course, they would like to have a commercial corridor. However, given the current circumstances of the area, given the small size of these lots, it is difficult to see a viable business coming in at this point and surviving.

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The residential use actually would pave the way for additional residents in the area, which would support future commercial activities.

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Currently, there's unfortunately very little activity in the area from a commercial standpoint, other than the church, and I believe there's like a garage on the one corner that has some parked cars.

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Other than that, really the block has no active commercial activity at all.

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From a design standpoint, it is simply a standard three-unit setup where the original CMX-2 would permit the two residential units above.

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We're simply adding to the first floor as a residential unit in addition.

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And that is essentially the proposal here before the board.

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I'm happy to answer questions relating to 2312, but I can also show 2334, which is almost identical in its overall project design and presentation.

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So do you want to have your testimony adopted?

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Do you want to have your testimony adopted, kid?

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Yes, absolutely.

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I can have...

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Why don't you do that?

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Thank you.

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Mr. Gitterman, can you raise your hand virtually

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so you can adopt my testimony?

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It's been a lot to speak, sir.

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Yes.

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Thank you.

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

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Yes, my name is Joseph, J-O-S-E-P-H,

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and my last name is Gitterman, G-I-T-E-R-M-A-N.

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

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Yes, I do.

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Proceed.

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Thank you. Mr. Gitterman, with regard to my testimony for 2312 Germantown Avenue,

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have you heard my entire presentation and can you verify that it is true and correct and adopted as your own?

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Yes, I did. And I heard everything. And yes, I agree to your presentation.

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thank you and with regard to 2334 germantown avenue can you also verify that it is essentially

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a very similar project and that my testimony is true and correct to the board yes i do thank you

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questions from the board yes mr counselor yes what percentage of the buildings in the ground

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um the let me let me go back to the elevation real quick i will go ahead and put that back

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up as well let me i'm going to go ahead and share that once again and zoom in on

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i don't know if this would help you mr holliman to see the percentage of the building in the

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ground i believe uh it is a pretty substantial portion of the basement that is in the ground

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Mr. Gitterman, would you be able to give us a better idea what the design is on that?

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Yes. So again, what's the question?

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What is the percentage of the building that is underground?

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It's like, I believe the elevation is around two, three feet from the grade level

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and around six feet above the grade.

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it doesn't show that on the elevation it shows the reverse it's more in the ground than out of the

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ground mr getterman is it correct that you mentioned six feet above ground is it did you

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mean six feet six feet below gray and three feet above grade thank you thank you any other questions

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from the board no mr chairman

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questions or comments from the virtual audience

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i see no other hands mr chair uh planning commission

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thank you chair bergman ian hegarty for the philadelphia city planning commission

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um members of the board in the comprehensive plan recommends no change to the existing cmx2 zoning

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at this location. The comprehensive plan actually includes a specific recommendation

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based on consultation with APM and Village of Arts and Humanities that this block of Germantown

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Avenue should remain CMX2 in order to reestablish a neighborhood commercial center. However, we

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agree with the appellant that the size and shape of these lots and the existing conditions of the

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surrounding block present hardships for strict compliance with the ground floor commercial

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requirement. And so we're going to recommend that the board grant this variance, both for 2312

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Germantown Avenue and the variance for 2334 Germantown Avenue. MI 2022-000-483-2312 Germantown

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Avenue and MI 2022-000-484-2334 Germantown Avenue. I vote yes to both.

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Harold Tenere, my vote is yes to both

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Thomas Holliman, my vote is no to both

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James Snell, my vote is yes to both

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Thank you

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Number 5

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MI 2022

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000486

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2627 North Warnock Street

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lot number one, Bern Anastasia, letter of support from coordinating RCO 37th Democratic Ward.

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Anastasia has been promoted to panelists.

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Morning, Mr. Chair.

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Morning, Mr. Chair.

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

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Morning.

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Sure. Vern Anastasio, A-N-A-S-T-A-S-I-O, 939 Montrose Street, Philadelphia, 19147.

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

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I do.

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Could you identify your client and your relationship to this property?

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Sure. I represent the owner, Sam Tickreedy.

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our vice chair has a few questions for you hi good morning do you agree to wait for reading

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of the refusal and stipulate to its accuracy i do have you emailed the exhibit packet with proof

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of ownership tax compliance a copy of the refusal or referral photos under plans of the property

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five days in advance of this hearing and have you met with the rco and do you have a letter

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Yes to everything. Okay, great. You may proceed with your screen. Thank you. I think I already

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have it up. You see it there, right? Good. Thank you. 2627 North Warnock Street, Lot 1.

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It's for the construction of a six-family dwelling on a vacant lot, and we were refused twice. One is

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a minimum lot area as you can see here 2550 versus 2515 so we're really close to the point

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where we would consider this de minimis and the required vehicle parking spaces one space would

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be required and we're offering none and we will be able to demonstrate that we should be relieved

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of that requirement because of the current conditions on the block so this is what we have

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here with regard to the apartments you can see there are wells at each corner and the rear

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here's the first floor units one two and three

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and second floor units four five and six

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Here's our plot plan, our elevation, there's the stamped and approved consolidation plan,

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and this is the block.

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we met with the 37th ward rco on march 21st of this year

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unanimous support uh not one person opposed uh overwhelming majority full support uh with two

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and non-opposition so it was pretty clear that folks want to see some repopulation here

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Included in my exhibit package is also the deed and the tax certification.

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I'm sorry.

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Sorry.

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I thought someone was speaking.

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Somebody was speaking, I guess.

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So because of the de minimis nature of the actual variance as far as the use is concerned,

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And because the parking requirement here is not addressing overdevelopment in an area that is vastly depopulated, because we've secured various support of all neighbors, a unanimous support of all neighbors in RCO, we respectfully request that this appeal be granted.

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And with that, I ask Sam Ducriti to raise his virtual hand.

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He's been enough to speak, sir.

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would you state your name and spell for the court reporter um sam to creedy uh sam last name t-i-k-r-i-t-i

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do you swear for him to tell the truth the whole truth and nothing but the truth

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i do proceed thank you mr chair sam did you hear my presentation to the board this morning

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i did is it true and accurate to the best of your knowledge it is and do you adopt it as your own

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testimony. Yes, I do. Thank you, Mr. Chairman. With that, and I offer my exhibit up for my

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exhibit packet up into evidence. I'm open for questions. Do you happen to have an overview of

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the whole block? Not in this exhibit packet, no. So what's the remainder of the block look like?

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Well, it's sporadic at best. There are some single family and multifamily homes on the block,

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but it's also several vacant lots some garages um it's it's it needs uh the actual you know

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population that the the neighbors want okay questions from the board oh that was true

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Okay. Questions from the board?

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No, Mr. Chairman.

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No, Mr. Chairman.

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Questions or comments from the virtual audience?

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Do you know further hands, Mr. Chairman?

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Planning Commission.

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thank you chair bergman ian hegarty for the philadelphia city planning commission

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members of the board the comprehensive plan recommends a zoning map amendment from rm1 to

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rsa5 on this block um the proposed dwelling unit count variance here however is minimal

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given the size of the lot and does not conflict with the purpose and spirit of the zoning code

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the applicants also demonstrated that this is an infill development with no existing curb cut

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um so the city planning commission recommends that the board grant the variances

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m i 2022 000 486 2627 north warnock street i vote yes

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thomas holliman my vote is yes james snell my vote is yes

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that's the vote you you got four votes that's fine thank you Mr. Chair thank you thank you

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very much you're welcome have a nice day MI 2021-005-419-3729 North 15th Street

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Steve Bertel is the attorney letter of support from the 13th Ward RCO

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Good afternoon, Mr. Chair, members of the board.

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Good morning, sir.

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

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Absolutely.

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Steve Bertil, B-E-R-T-I-L, counsel for the applicant, 3002 Logan Square,

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

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I do.

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Could you identify your client in relationship to the property?

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Yes, I represent the equitable owners of the property, take the brochure to break.

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Our vice chair has a few questions for you.

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Good morning, vice chair.

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Carol, you're muted.

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that's why i hate mute do you agree to waive the reading of the refusal and stipulate to its

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accuracy i do have you emailed the exhibit packet with the required documents consisting of proof

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of ownership tax compliance a copy of the refusal or referral photos under plans of the property

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five days in advance of this hearing and have you met with the rco and do you have a letter

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yes okay great you may proceed and please share your screen thank you madam

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okay good morning members of the board as stated my name is steve bertill i represent the equitable

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owners and applicants of this property, 3729 North 15th Street. The applicants are Jacob and

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Rashida Gray, husband and wife. We're here seeking the variance approval to memorialize

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existing use of a property that is a three-unit multifamily structure. This is a family property

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that the Grays acquired or in the process of acquiring to keep in the family and make updates

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too. You'll see that the property has not only been a licensed multifamily structure for decades,

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but it's metered as such for utilities. And lastly, the property wasn't as occupied as the

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multifamily upon attempt to acquire it by the applicant. Seeing the gap in the zoning records,

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the applicants want to ensure that the use of this property memorialized in the record

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so that they don't run into hiccups when it comes to building permits for renovations.

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Upon the application to LMI, we obtained a refusal because the property is currently

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gone as RC5. And so, just to orient the board, the property, as I stated, is 3729 North 15th

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Street. As you can see from this area, I'll zoom in a little bit. It's on the front on North 15th

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The property itself is an area here in the middle of the block.

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The property itself has been a multi-family structure since

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The property itself has been a multifamily structure since about 1938, and that is still the current use.

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As I stated, we did obtain a refusal, you'll see here, for the multifamily use because of the current zoning designation of RSA 5.

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Now the property itself, although it has that designation, I frankly couldn't find any record

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of it ever being utilized as a single family. You can see here with the zoning record dating back

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to 1938, there was alterations, permits for alterations. It was currently, it was a three

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family then um again um it was in 1949 it was established as a free family and then in uh 1991

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um the property uh underweight of zoning variance to reaffirm

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I can go back one to your firm, the multifamily use, and then added some provisals for garbage

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disposals on the third floor apartment. And subsequent to that, there's documentation,

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as you can see from this photo, of multiple utility lines being split for meters.

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Historically, there was one line for what was deemed the quote-unquote owner's unit on the ground floor and another leader for the second and third floor units.

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We did meet with the community group.

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Let me show the board for the floor plan.

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As you can see here, each floor has its own unit.

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The first two floors are two-bedroom, one-bath units, and the third floor is a smaller one-bedroom,

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one-bath unit.

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We did meet with the community group, which is the 13th Democratic Ward.

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Now the Gray's family has been a member of this community for some time, so in addition

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