civus
Hearing video

ZBA Hearing - April 10, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Apr 10, 20246h 50m

Correct, Mr. Chairman. Thank you. Good morning. Mr. Clinton, could you state your name

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please and spell for the court stenographer? Sure. My name is Henry Clinton, H-E-N-R-Y

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Clinton, C-L-I-N-T-O-N. Right. Do you swear or affirm to tell the truth, the whole truth and

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nothing but the truth? I do. Could you identify your client, the relationship to this property?

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Sure. My client is Joseph Gitterman, G-I-T-E-R-M-A-N, and he's the principal of both LLCs,

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which are the owners of the property. Mr. Holliman has a few questions for you, sir.

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Good morning, counsel. Do you agree to waive the reading of the refusal and stipulate to his

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accuracy? I do. Did you email all the exhibits and documents as required five days in advance

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to this hearing? We have. Thank you. Please proceed and share your screen. Thank you, Mr.

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Holloman. Mr. Chairman, is that the cover sheet visible? We can, yes, sir. Good morning, Mr.

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Chairman, members of the board. I'm here on behalf of both LLCs, which own the property,

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and Joseph Gitterman, G-I-T-E-R-M-A-N, is on the call with me.

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This is a presentation for a three-family dwelling in an RM1 zoning district

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where there are already eight triplexes on the block.

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In fact, the community group that we met with, the 37th Ward,

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actually meets on this particular block,

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so they're very familiar with what's going on on the block.

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This is my table of contents containing exhibits A1 through A11.

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And at the bottom, you can see the zoning records.

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I pulled out three of the zoning records that were recently approved.

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I also have photographs of five additional multifamily, three-unit properties that have been in existence for over a decade on this block.

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The refusal is all-dimensional and one-use.

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The size of the lot would give us by right in this RM1 zoning district two units because the lot is undersized by about 39 feet.

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We're arguing that this particular variance, as I did on the other three that I've had approved by the board on this block, it's a de minimis variance request,

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as is the occupied space, which we're off by 10%, and the rear yard, which we're off by 2%, excuse me, by 2 feet in depth.

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We do have an RCO letter of support, as the chairman mentioned at the outset, overwhelming support, 22 to 1.

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This has been a long, vacant lot.

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The community group acknowledges that it is RM1.

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We're not that far off on getting three units by right.

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And like they did with the three others that we had approved on this block by different owners, the community group is in full support of the three family dwelling.

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of the three three family dwelling so an aerial photograph to give the board some perspective

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So an aerial photograph to give the board some perspective.

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where my cursor is is the hope partnership for education building that's where the 37th ward

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meets and directly across the street there's five already existing three family dwellings

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and i'll show you a photograph of the facade so you can actually see the meters on the front of

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the building uh to the left of the existing five is another three family dwelling that has been

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approved. I had those zoning records at the end of the presentation. To the right of the five

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three-family dwellings, another three-family dwelling has been approved. And then down

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towards the northern part of the block on the east side is another three-family dwelling.

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Our particular lot, again, a long vacant lot, which is adjacent to the Hope Partnership for

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Education, is right here where my cursor is. And that's what we're asking the board to approve

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today. These are the triplexes directly across the street that I just showed you an aerial

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photograph of. Again, they've been in place for at least a decade and possibly more. This

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is proof that our zoning notice has been posted in front of the property. Again, here's the

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vacant lot. And this is Hope Partnership for Education down at the southern end of the

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block. These are the plans.

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Let me just reduce that a little bit. I think it's too large to see. So basically, we have a brick facade, which is consistent with the neighborhood. We have bays at the second and third floor. We have a seven foot rear yard.

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Our floor plan is basically three two-bedroom units.

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First unit, basement of first floor.

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Second unit, third floor.

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Third unit on the third floor, and there is access to a rooftop deck.

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Trash, there'll be trash storage within each unit, as well as in the rear yard will be trash containers that will be able to be taken out once a week.

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This is an elevation of the rear of the property.

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Again, just to show the board, we're actually within the height limitation.

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We're about 35 feet.

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As the board knows, we're permitted to go up to 38 feet, but we're staying well below that.

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The remaining documents are the application, our tax clearance.

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Zoning map, again, indicating that it is an RM1 block.

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And as I say, the requests that we're asking for variances are what we consider the minimus.

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This is the deed indicating ownership.

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Notice mailing to all the surrounding neighbors.

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We sent out 121 pieces of mail.

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The community group, it was well-attended meeting, as you can see from the vote.

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And these are the multifamily that are already existing on the property beyond the five that have been in place for at least a decade.

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This zoning permit was issued March of 2022, the 2616 for three family dwelling.

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Right here.

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2630.

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Issued March of 2021.

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New construction.

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Three family dwelling.

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And finally, the one at the far end of the block on the west side on the north end is 2638, approved February of 2023 for the three-family dwelling.

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Let me find out where that is.

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It is multifamily.

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I mean, for whatever reason, it doesn't say three, but as an officer of the Corps, I represent that I actually was involved in this, and it is a three-family dwelling.

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So with that, Mr. Chairman, I'd just like to conclude that, you know, the request is for use on the block that is consistent with what's already there.

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There's at least eight other three-family dwellings on this RM1 area.

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It's on the same block where the community group meets.

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They're well familiar that these vacant lots need to be filled in, and they are over time.

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We're not asking for any relief with regard to height.

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Our open space relief requests are de minimis, and we're a mere 39 feet from getting this project by right.

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And we're asking for the board to look kindly upon this application.

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With that, I would ask my client to unmute himself.

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Mr. Gitterman, can you unmute yourself, and we'll have you adopt my testimony.

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Good morning, Mr. Gitterman.

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Yeah, good morning. How are you?

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

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state your name and spell please for the court stenographer yes my name is joseph j-o-s-e-p-h

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Yes, my name is Joseph, J-O-S-O.

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and the last name is gitterman g-i-t-e-r-m-a-n you swear for him to tell the truth the whole

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truth and nothing but the truth yes i do proceed counsel mr gitterman uh were you on the call the

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zoom call when i presented your project yes and if you had the opportunity to testify would you

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adopt my testimony as your own and as true and correct yes thank you mr gitterman

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Questions or comments from the board?

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No, Mr. Chairman.

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Jim?

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LeBaron?

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Hold on one minute, Henry.

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LeBaron?

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Jim Snell?

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Phil, what was the question?

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I'm having trouble here with my audio.

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Do you have any questions?

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Oh, no.

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No, I don't.

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I'm able to hear, but I'm just having trouble.

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Okay.

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Questions or comments from our attorney, Hillary Emberson?

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Not at this time, Mr. Chair.

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Questions or comments from the virtual audience?

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I see no hands.

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Planning Commission.

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Thank you, Chairman, and good morning.

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David Vecta with the City Planning Commission.

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Chairman and board members, the comprehensive plan recommends a change in zoning at this location from residential multifamily to residential single-family.

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The appellant seeks three dwelling units on a vacant 1,140-square-foot lot.

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because of the zoning overlay the appellant is allowed two dwelling units without the overlay

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the appellant would be allowed three dwelling units this unit count would match the character

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of this block face the city planning commission recommends the board grant a proposed use

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variance for a third dwelling unit and the associated dimensional variances thank you

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MI 2023 006 522 2617 North 11th Street I vote yes Thomas Holloman my vote is yes

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James Snell my vote is yes

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Thank you counsel

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Thank you Mr. Chairman

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So number 12

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MI 2023

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006 538

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6658 Keystone Street

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Dangle McElhatton is the attorney

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Letter of non-opposition

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from the TAC

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Coney Civic Association

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Okay

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Daniel McElhatton is in as a

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panelist. Good morning, counsel. Could you please state your name and spell

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for the court stenographer?

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Unmute.

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Thank you. Good morning. Could you state your name and spell

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for the court stenographer? Daniel P. McElhatton, D-A-N-I-E-L-P, as in Patrick,

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M-C, capital E-L-H-A-T-T-O-N.

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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, sir.

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

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My client is Vlad Brodsky, B-R-O-D-S-K-Y.

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He is the principal of 6658 Keystone, LLC, which is the title owner to the property on Keystone Street.

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Mr. Holloman has a few questions, sir.

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Good morning, counsel.

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

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I agree to the waiving the reading of the refusal, but not the accuracy of it.

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Counsel for the board advised me last night that for some reason,

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there was no action by L&I on the issue of the eight parking spots that were requested.

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So we discussed it last night and then this morning,

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And we are asking to proceed with the anticipation that the L&I would revise the refusal to address the issue of the eight parking spots.

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So, Ms. Emerson, is that an accurate reflection of what we've discussed?

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Yes, and I'm sorry I did not get to respond to your last email.

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But yes, I will. Once the once the hearing has concluded, I will reach out to the supervisor for the particular examiner and ask them to issue a corrected refusal based on what they reviewed, which from what I see and based on my conversation with Ellen, I was just the change in use to multifamily.

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But they will make the ultimate call.

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And would we need to come back for an official vote from the board if they're inclined to favorably consider?

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um need to come back for an official vote from the board if they're inclined to favorably consider

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our variance or could we do it on the condition that that be obtained we we will just hold for

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an amended refusal and the board can just vote on it once we get it back there's no need for

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you know further further hearing or anything like that okay and that should be issued fairly quickly

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because it will be a corrected refusal, I will request it this week.

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Fine. So that is the objection to the refusal.

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Okay. Okay. Did you email all the exhibits and documents as required five days in advance to this hearing?

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Yes, we did, Mr. Holloman.

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Thank you. Please proceed and share your screen.

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all of the documents

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and I'm not going to go through all of the documents

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is my screen up showing

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the aerial

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this property circled on the screen

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is on the site of the old St. Leo's Roman Catholic Church

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the church was decommissioned

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as a place of worship in 2013

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And in 2019, Mr. Rodsky purchased an adjacent parcel here and took the convent, which was part of it, and converted that to housing.

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Subsequent to that, there was a fire at the church, which was on this big lot here, and the church was destroyed.

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And what remains on the lot here, circled, is the rectory building.

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And that's the building that we are seeking to try to have zoned for residential use.

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And, you know, you can see that it sits, it's actually around the corner from Mr.

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Nockmson's project up in this area here, but it's across from Distant Park.

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And on Keystone Street, there's all this street parking.

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This is the old school.

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And there are parking spots along the side of the building there.

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And that's really where the parking would be. So we'll address that, you know, and Mr. Brodsky can confirm that there are eight spots at that location.

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The proposal for 10 dwelling units, there would be five one-bedroom units, three studio apartments, and two two-bedroom units.

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The Coney Civic Association not only gave a letter of approval, but their transmission to the zoning board indicated that they have no opposition to the request.

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And the project manager and architect have worked on projects in this immediate area with great success.

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Now, I've been doing this a long time. You don't get letters from RCOs like that very often.

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And that refers to the convent that Mr. Brodsky developed.

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so that, you know, ample off-street parking here at this location.

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There will be eight spots for the 10 units that are in there.

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And, you know, this conversion to residential is consistent with a legal, a proper use of this building.

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To convert it to a single family as a rectory, it just is not feasible.

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It would create a tremendous hardship and it's not feasible at all.

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So I'd like to show another photograph if I might.

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Counsel, is the convent on the same location?

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It is. It's around the other side.

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Okay.

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This is actually the rectory, and I'll reduce it a little bit.

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So you can see that there's parking along this whole side there.

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