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Hearing video

ZBA Hearing - July 14, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Jul 14, 20202h 14m

assume with with mr. Knottlinson is saying right yes the other properties

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are Jason okay all right then any other questions from the board I do have

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someone with their hand raised Kayla

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You can speak. Yeah, this is Brian Tate. I'm actually the owner of Nova Contracting, who is a partial owner with BCB Homes, Charlie Murphy. I was just playing with the computer because I don't do the Zoom and my daughter has it under her name. So I'm on a computer. And I guess that's why it's coming up as Kayla. But I didn't realize I had my hand raised. I've just been listening. But I am one of the owners of these two lines.

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Okay. All right. Thank you. All right. I asked any questions from the board. Calendar numbers 39672 and 39669 for 1652 and 1654 North 6th Street. My vote is yes on both.

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Carol, unmute yourself. Yes to both.

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Unmute.

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still can't hear you

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this is crazy okay now you got we got you my vote is yes on both thank you thank you everyone

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thank you thank you have a great week guys sure good luck stay safe

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Frank, do we go to Schur's Lane next, 132, since we have Alan?

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I don't see why not, yeah.

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Okay, calendar number 39665, 132 Schur's Lane.

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Mr. Nockmson, do you agree to waive the reading of the refusal and stipulate to its accuracy?

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I do.

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Name and address for the record.

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Alan, I'm trying to put my video on

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It's not letting me do it, but that's fine

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You can see this bad headshot of me

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Alan Ockamson of Ockamson, PC

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123 South Broad Street, Suite 1600

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Philadelphia, PA, 19109

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Okay, there we go

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I think I look bad

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Alan, before we begin

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I just want the record to show that

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Our board member, Thomas Holloman

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Is back on

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thank thank you all right so I'm sorry can I just do a quick question um this

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is a check-in with the court reporter I just wanted to make sure you there yeah

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I'm here but my video is not coming on it says it's uh it has a line through it

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like it's paused or something okay no problem the board just asked to make

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sure you were there I just wanted to check thank you kindly okay you're

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You're welcome.

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Okay, Alan.

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Okay, so present should be David Ross, the owner's representative.

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Mr. Ross, are you on?

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Hmm.

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He was texting me.

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He actually got on before me.

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Yes, I am here.

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Hello.

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Okay.

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And then, additionally, should be Scott Woodruff and Corey Kirk, the architects.

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uh okay so all it's going to identify themselves and uh all three would you

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swear and affirm that the testimony you're about to give is true and the best of your knowledge

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i do i do could alan figure it out how we you get them to give us their names and addresses

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and get for the record uh mr ross can you state your uh address for the record

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David, you have to unmute yourself.

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Hello, David Ross, 3112 West Master Street, Philadelphia, PA, 19121.

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And you're the member of 132 Shurer's Lane LLC, right?

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Correct.

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And it owns 132 Shurer's Lane, right?

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Correct.

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Okay.

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Scott, are you there?

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Yep.

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Can you state your name and address for the record?

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Scott Woodruff, 4001 Main Street, Suite 203, Philadelphia, PA, 19127.

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Oh, and you're the architect for this project, right, Scott?

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Correct.

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Okay.

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So I gave you a packet of materials which include eight exhibits.

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The first exhibit is the deed to the property, showing that 132 Shores Lane LLC owns the property.

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The second exhibit is the Certificate of Tax Clearance, showing that 132 Shores Lane LLC is in good standing with the city of Philadelphia.

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The third exhibit is the Notice of Refusal that we received on January 6th of 2020 for 132 Schurers Lane.

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Currently, and you'll see from the pictures, which is Exhibit 6, this is a 2881 square foot lot and it has a building structure on what is known as 132 Schurers Lane with a significant side yard of almost 1,500 square feet.

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And what we're trying to do is subdivide this property into two. Keep the pre-existing structure, renovate it. And then on the other lot, we're looking to put a single family home on this RSA 5 property.

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so where the single family home that we're trying to put on their erect on what would be known as

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130 surest lane that meets the code requirements of 1440 square feet we fall a little bit short

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with this the pre-existing home of 1286.78 square feet and that's the first refusal right and it's

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not and it's typical of this you know part of the neighborhoods to have properties around this size

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um the second refusal we're in maniunk so we have a steep slope refusal as to that right so again

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it's not atypical to have a steep slope refusal in maniunk so we filed an appeal our application

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in Manioc. So we filed an appeal. Our application for appeal is Exhibit 4. And then you also see

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for appeal is uh exhibit

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as Exhibit 5, zoning and Google Maps. We're basically two blocks away from Main Street.

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We're, you know, in basically the heart of Manioc. As you can see from Exhibit 5,

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you know, zoning and Google Maps. Exhibit 6, you'll see the photographs. So you'll see with

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the first photograph, which is labeled 130 and 132 Shores Lane, you'll see this, you'll see our

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property as the brown stucco structure with uh on the first story there's like a side

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addition and then you'll see behind it you'll see new construction right uh the you know the

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the brick the you know the the red brick and and the grade facades that you would typically see

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and then if you look at the second picture of sure's lane to to the left of the property you'll

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see across the streets you'll see the same type of structures and then to the right of the property

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the same sort of structures. And then, you know, you'll see more pictures.

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Exhibit seven are plans and drawings, right? So what I would note, and Tanya should have this,

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we have a proviso plan form completed for revised plans, which I signed, and we gave

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indication as to what we're changing. The third floor balcony on Shurst Lane has been removed.

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The front facade has been reworked.

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Roof over third-story facade has been reworked.

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Four is front third-story bay extrusion has been removed.

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Five, planter box added to front of structure along shores.

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And six, rear curb cut widths have been changed.

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They have been reduced.

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They have not been increased.

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The reason why we had such significant changes in our plans is

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because we met with the Maniont Neighborhood Council.

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They had a pre-community meeting, and we took some of their input in terms of how to, like, make it look more in tune with what they believe Manning Unc should be.

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And, you know, unfortunately, based, you know, on the community meeting, we didn't go far enough.

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And all of their, if you look at their letter, which is Exhibit A, Correspondence for Manning Unc Neighborhood Council, has nothing to do with any zoning-related issues.

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They didn't care the fact of the size of the current building, where the building structure is.

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They didn't care about the steep slope.

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In fact, they actually indicated how ugly the other pre-existing structures, new construction around them was.

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But we worked diligently to actually improve what the property and the new construction property looked like.

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But they weren't satisfied.

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so none of their none of their objections has anything to do with zoning related issues so

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we've worked diligently with them we try to really work in good faith with them and unfortunately

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that they were not satisfied I will say that you know we reached out to Councilman Jones's office

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to find out what their position would be and they stated they would leave it up to the board to

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decide so uh david you never change yeah exactly um david you heard everything i stated today

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yes and is it true and correct yes and would you adopt it as your own testimony yes okay

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all right is there anyone uh ellen that needs that would like to testify in this matter i'll

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wait for Tanya to give me the go-ahead. I have Roger Perry's hand up. Did you want to testify

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for this project? Perry? No, I'm on another case. Yeah, no problem. Yes, so could you lower your

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hand please thanks all right so is there anyone who wishes to be heard regarding this case

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hearing none uh questions from the board tom you have any questions

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no okay uh planning commissioner

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I'm sorry. I'm just finishing reading the Manny Young's letter.

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Hold on for just one second. I'm sorry.

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Take your time. Take your time.

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Chairman and members of the board, this property is indicated for residential use on the comprehensive plan.

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the applicant is creating an undersized lot and we do see no hardship to the

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existing property for to create an undersized lot because they are able to

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to create an undersized lot because they are able to use the property as is.

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use the property as is. Accordingly we recommend the

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Accordingly, we recommend the requested variance not be granted.

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So there's the size of a lot, nothing to do with the steep slope or anything that we normally get pushback from Manny Young, correct?

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I don't have the letter in front of me.

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I did not see that in the letter.

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The reason with the steep slope, from what I believe, it's because it's a retaining wall.

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the attorney didn't cover this but it's a retaining wall and in order to connect

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services to the street they would have to do a split of the retaining wall but it looks like

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they're still going to keep a retaining wall on the plan it also seems as if they don't like the

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design that's right mr chair i can actually read the basis for their letter it's just two sentences

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The basic proposition, members felt that the design was manifestly out of place and inappropriate for the immediate surrounding and for the neighborhood in general.

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Therefore, the project did not warrant the support of the community or a variance.

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It has nothing to do with the size of the lot.

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And if you look at that block of Shure's Lane, you would see that there are similarly situated properties with equal size to what we're offering.

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and if you and again it again if as part of the redesign they were even looking

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for us to eliminate that side structure on the pre-existing structure so again

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they were trying to be architects not the only actually the zoning related

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subjects understood thank you any other comments questions from the board they

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did get a steep slope refusal somebody's talking who they did get it okay all right calendar number

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i'm sorry i was just saying that the refusals they did get a slip slope refusal

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calendar number three nine six six five one three two sure is lane my vote is yes

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my vote is yes my vote is yes my vote is yes thank you thank you all may i be excused yes you may

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thank you

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be safe

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you too

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Mr. Chair

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do we go to

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is Hurt

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did we get Hurt

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is Hurt back

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or not

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is he on

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I do see him

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on the list

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we'll promote him

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hold on

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before we go

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I'm sorry Tanya

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we've skipped over

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number two

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correct

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yes

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and Sharon

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and where go with that you get the letter we needed from uh councilman o'neill's office no

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i got an email saying she was sending it but i haven't received it yet

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all right uh if you don't mind mr perry we're going to just skip over and then we'll get back

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to you uh how about case number three hirk are you on i'm here i'm sorry okay so we'll go with

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Carol number three. Okay. Calendar number 39716, 1222 North 2nd Street. Mr. Griegos,

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

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Name and address for the record, please. Good afternoon. Hercules Griegos, 1835

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Market Street. I'm here today representing 1222 Holdings LLC, owner of 1222 North

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Second Street. I have with me today Michael Petrikowski and Bill Katz from

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1222 Holdings. Additionally, Jeff Watson from Harman Deutsch Architects should be

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on. Just to give you a history, this is the corner of 2nd Thompson through to

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American Street. This project was originally approved in 2016 where the

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ZVA granted a variance for a multi-family building, 64 units with

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ground floor retail, as well as ground floor live work units.

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Subsequently, oh, and 52 parking spaces.

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Subsequently, in 2018, an administrative review was granted to reconfigure the ground floor and

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increase some of the retail space. Fast forward to 2020, HBO began to design

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the building for the clients and the client, the owners built the adjacent apartment buildings

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and they were seeing an increased demand for

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and they were seeing an increased demand for commercial space at the ground floor and parking.

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As such, we're here today with essentially a plan to reconfigure the ground floor,

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increase the number of parking spaces from a previously approved 52 to 57 spaces.

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This is accomplished via mechanical parking, increase and reconfigure the ground floor retail to add for additional retail, and take the previously approved live work units that were on the ground floor and move them up to the second floor.

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um additionally um just to give everybody some history we met with the rco i believe it was in

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january um we have a letter of support i believe the vote was um 11 nothing in support of the

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project the only refusals that were generated were once again for the electronic uh i'm sorry

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It was the refusal generated for the CMX2 for the ground floor use that was previously

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approved in our original project.

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Subsequently, when we are increasing the size of that ground floor retail, that triggers

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that variance.

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Additionally, there is a refusal generated for electronic vehicle charging stations.

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We have looked at this.

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