civus
Hearing video

ZBA Hearing - October 6, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Oct 6, 20206h 49m

We're here today essentially seeking to not have any commercial space on this

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property considering the character of this block as residential and instead

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rather to have five dwelling units, each of which are relatively modest in size

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ranging from about 500 square feet to just shy of 1,000 square feet.

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Mr. Mohal, excuse me, we still have your first sheet. We don't have it. We're not

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seeing any of the plans. Oh, I haven't switched over to those yet, but I will. Okay, thank you.

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So that's what we're ultimately seeking today. With respect to the community meeting, I just

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wanted to address that as well before we get to the plans. This was originally signed

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to the RCO run by Ms. Louise Bundy. I understand she had been having some issues for some time

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scheduling meetings. We reached out to the council person's office and spoke with Mary Jones.

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We reached out to the council person's office and spoke with Mary Jones.

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eventually we

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Eventually, we were able to hold a community meeting, but due to the continuing coronavirus

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pandemic, Ms. Louise Bundy and her associate Dorothy Kelly advised me that they would be

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holding an outside meeting.

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And what they would do is have members of the community assemble at this outside meeting

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in front of the storefront on the 1600 block of Cecil B. Moore.

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and they would be calling me then to review the plans and to discuss any issues with the project.

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I personally hand-delivered about 25 or 30 copies of plans to Ms. Bundy about a week in advance of

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that meeting, and then we held the meeting, after which I was asked why I wasn't there in person.

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Clearly, I would have been there in person, but for the fact that I was advised not to appear in

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person by the RCO and instead to be made available by phone, which I was there and I was happy to

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answer everybody's questions. So that's basically where we stood with that RCO meeting. Why we don't

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have a letter yet, I can't speak for certain. I'm not sure whether the board has received one,

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but we did our best to comply with what the RCO requested of us, especially considering the

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ongoing pandemic. What I'm going to do now, members of the board, is kind of fast forward

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through to the photos. And Mr. Movahill and Chair, I just checked we don't have a letter either.

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thank you so one moment please members of the board just going through my packet

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there we go so just showing everybody that i do have my tax clearance the letter that i sent out

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on september 9th which indicated we were having a meeting on september 22 1631 west east will be

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it was an outdoor meeting. Refusal was attached to the back, and there's my certificate of mailing

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at page 20. What I'm showing now are photographs of the zoning signs that were posted. I used

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bright orange paper. Originally, this hearing had been scheduled for a previous date.

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I guess I was forwarded at some point a new zoning sign for the new meeting.

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That must have gone to my spam box, so I just used my old sign, and I wrote the correct zoning

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hearing date and time on that to ensure that i'd be posting in a timely manner on the property

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and that's looking at page 21. at page 22 to the right you can see this already existing

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four-story addition that's there which was built permitted

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at 23 you see that as well 24 that's a shot from across the street of 18th street

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same thing with 25 and the 26 we're looking northbound on 18th street our property is off

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to the left you can see the boarded up storefront the bay window etc and i've just had additional

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photos as i paged through 27 and 28 showing the surrounding buildings this is directly across the

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street looking at page 32 to the right you see a large rear yard area that will be used for trash

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storage for the units at page 35 off to the left of your screen you'll see the frontage on master

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street itself with the posted zoning sign and i took photographs of the properties on the corners

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as well for more context this is looking down master street on pages 38 pardon me 39 and 40.

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this is looking north down across the street from the property you see a vacant lot there on the

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northeast corner and again this is a shot of the property taken from across the street

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both a closer view and a more wide-angle view.

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What I'm showing now on the screen is the site plan and elevation for the already existing

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structure that we need to get essentially re-permitted because a previous permit expired.

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The height itself of the existing structure to the front

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is under the maximum in the zoning district.

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Rear height is also compliant.

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Photograph of the property.

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And this is the note that was initially provided to the zoning board

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showing that the rear addition had been built four years ago,

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but per plans examiner,

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H-A-O-Y-A-N-G-Y-E, for the record,

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previously approved zoning at 430832 for the erection of a rear four-story addition and

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previously approved birding permits had expired and needed to be reissued and that's essentially

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why we're here today. What I'm showing now off to the right is the site plan with the existing

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three-story brick structure to the front, the existing four-story structure to the rear,

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and the relatively large rear yard.

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the relatively large rear yard. Looking now on page 48 of my packet, I'm going to

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go through the floor plans. So in the basement, we're just going to have

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storage and mechanical. There are no dwelling units there. Looking at now on

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the first floor, unit number one, two-bedroom, two-bath unit, about 896

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square feet. There's going to be a ramp constructed at the front, this that I'm

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indicating to, which is facing the corner of 18th and Master. This is the original storefront

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entrance, which we're turning into an entrance with a bedroom, bath, living room towards the

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middle, sort of a galley kitchen towards the center of the building, another bedroom to the

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rear with an exit. Entering on Master Street, that's a common entrance you can use to go up

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the stairs. So the next unit, that's unit two and units three, both on the second floor. Unit two is

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one bed, one bath, 596 square feet. Unit three, one bed, one bath, about 500 square feet.

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Looking on the third floor, to the front of the property, we have unit number four,

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one bed, one bath, 563 square feet. Bedroom to the front, bathroom to the middle.

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And unit five, which is to the rear of the property, is a bi-level unit. There's a living

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room indicating here is more towards the center of the property. Bedroom to the rear, kitchen and

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bounding on that fourth story addition and another bedroom or office to the rear of that property as

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well. That's essentially all we're asking for, members of the board. While this property has

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been rezoned as residential single family, it had been zoned previously C2 and CMX dating back to

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the 50s, as far as I can tell, going through the city's zoning archives. It had traditionally been

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a multifamily building, again, going at least back through the 50s per the city zoning archives.

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that's all we're really asking for today is for the allowance to have these five units

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rather than one relatively large single family home you know not including the basement members

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of the board we're looking at at least 3 000 some square feet if this were to be a single family

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home and the price point for that would be astronomical whereas where we have five units

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there'd be more affordable for people who would like to live in the property and we're just

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seeking for the legalization essentially of the building that already exists but the permits for

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which had expired and to be allowed to have five dwelling units on this residential block on this

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property that is zoned for residential use. Kevin, are you on the line? If you are, please raise your hand.

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no hands are up Mr. Mulvihill all right well unfortunately I guess my client was unable to

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make the meeting but he had indicated to me he would be on here there must have been something

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that came up but I'm happy to answer any other questions at this time with respect to the

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building itself its use or any other concerns the board has any questions from the board no

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no anyone else wish to testify in this matter please raise your hand

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here we have mary jones from the council office

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ms jones you're going to meet yourself and wait to be sworn in

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ms jones

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yes good morning you're swearing for him to tell the truth the whole truth nothing but the truth

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i do please identify yourself for the record

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my name is mary jones i represent uh council person council president daryl clark uh city

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496 um yes um so i have um i did uh speak with um miss bundy and miss kelly who's been helping her

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yesterday, and they were unable to put a letter together for today, but they did

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communicate to me their position, and our office supports them.

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At the meeting, I believe there was unanimous opposition to this type of project.

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They would prefer single-family homes in the area and are against a multi-family use

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and add density to the neighborhood.

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Thank you.

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Thank you.

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No other hands, Chair.

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Chairman, if you're very faintly,

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but I'm not sure if you're talking to me.

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Yes.

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I mean, the project's already been built out, right?

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It's just a matter of the permit.

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Yes, the project was built, permitted,

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permitted. And now it just, because those permits expired and the work hadn't been completed and

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and now

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because those permits expired and the work

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hadn't been

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they hadn't closed everything out, essentially this is a new application to ensure that everything

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is legalized because those permits previously expired. The only difference between the prior

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request and this request is that initially there was a request of a vacant commercial space on the

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ground floor. And since we no longer wish to pursue that, we're seeking to make that a residential

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unit as well which i believe continues the character and the neighborhood concerns with

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with respect to keeping this a residential area rather than a vacant storefront thank you the

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planning commission good morning david vecto city planning commission mr chairman and members of

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the board this property is indicated for single family residential use in the city's comprehensive

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plan the character of this block is a mix of multi-family and single-family homes the average

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multi-family home on this block has two to three residential units however since this building

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already exists we do not object to granting this variance um i think let's do this the record will

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be closed the board will render the decision at the next wednesday executive session the meeting

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next week that'll be the 14th at 9 30 a.m pending a letter from the rco and okay thank you frank

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excuse me this is sharon we can't both close the record and accept a letter from the rco

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so if you want to resume it for next week for mr mulvahill to report on the letter from the rco

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and chairman if i don't receive a letter between now and then i'll just advise the

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word of that as well. Okay. Thank you very much. Thank you, Ms. Jones. All right. Thank you. Take

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care. Okay. Meeting item MI 2020-000695. Address is 2000 Spring Garden Street, apartment 2 floor.

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Confessor, excuse me. My mistake. I'm going to hold this to the end. They understand there,

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might or maybe not I don't know I understand it might be a significant number of witnesses

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okay I've got you so let's go to item number five and then we'll come back to spring garden

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meet an item MI 2020-001-227-2739 North Fifth Street attorney is Jarrett Klein

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Peter Coulson. Coulson down is the attorney. Is that a mistake?

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Jared. Good morning, Mr. Chair, members of the board.

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Jared, good morning. You swear a firm to tell the truth, the whole truth, and nothing but the truth?

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Yes, I do.

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

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seen? Yes, I do. Also, have you emailed an exhibit packet with the required documents,

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proof of ownership, proof of tax compliance, copy of the refusal or referral, photos and plans

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five days in advance of this hearing? Yes, I have, sir. And have you met with the RCO and have a

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letter? Yes, to both. Thank you. You may state your name and address for the record, please.

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Thank you. Good morning, Mr. Chair. Members of the board, Jared Klein. It's K-L-E-I-N

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from Blank Rome, 130 North 18th Street, Philadelphia, 19103.

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Good morning again, everybody. We're here for 2739 North 5th Street,

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and I'm joined today by Maria Gonzalez, who is part of the development team,

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and we will hear from her in just a moment. This is actually, before the board again,

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as a minor modification to an already approved project and I'm going to scroll

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down to show the board that is the site that we're speaking about behind this

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beige fence and these are the street views looking both directions from the

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subject property and as the board can see these were the plans that were

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previously approved by the board in May of 2019. At that time, this project came before the board

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and there was a permit that was issued for vacant commercial space on the ground floor

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with 30 dwelling units above. This particular project is designed to serve the needs

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of seniors in the area, so the residential dwelling units are affordable efficiency units

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So the residential dwelling units are affordable efficiency units for those who are over the age of 55.

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for those who are

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The approved structure itself is 48 feet, six inches tall.

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And part of the project included a lot consolidation.

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And that's why we're back before the board today.

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One of the parcels to the rear of our project that was initially going to be included in the project

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for some open courtyard space was sold via a sheriff sale to a third party and so we had to

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redo the proposed lot consolidation in order to account for the loss of that parcel so we're back

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before the board with the same project same uses very similar configuration the only difference

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is again that loss of the rear parcel which changes the configuration of the courtyard

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I am joined on the call today by Mike Donovan from the architecture team who

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can go into detail on the plans if the board desires it although because this

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was a project that was reviewed recently I don't believe the board needs to see

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that in any great depth I we did meet with the RCO and I'm bringing their

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letter up on the screen now as you can see the RCO is in non-opposition they

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noted in their letter um again what i just articulated that it was due to a change in lot

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line consolidation um we needed to have the project re-reviewed uh and the rco offered their

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non-opposition to the project um again as i said we do have the architects here to answer any

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questions the board may have uh and i would ask that miss sunkett uh unmute maria gonzalez uh so

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I can briefly have her adopt my testimony. Maria, if you can virtually raise your hand,

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that would be appreciated. Maria, you can unmute yourself and wait to be sworn in.

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Mr. Chair, Maria Gonzalez is available for you to swear her in.

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Thank you. Ms. Gonzalez, would you please spell your full name?

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Maria can you hear us she may be having audio issues Jarrett okay if she's not

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able to unmute can we try Mike Donovan

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Mr. Donovan, you can unmute and wait to be sworn in.

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Donovan?

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Yes.

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Can you hear us?

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Yes, you can.

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Please identify yourself, spell your name for the record.

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Michael Donovan.

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It's D-O-N-O-V-A-N.

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I'm the architect.

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