civus
Hearing video

ZBA Hearing - July 20, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Jul 20, 20224h 5m

Excuse me.

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So you can also get closer to your microphone.

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I'm going to put on a headset.

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That'd be perfect.

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can you hear me better at this point we'll give that's fine that's fine okay i i here you go that's

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perfect that's perfect excellent i apologize about that uh on with the show uh the the property

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here fronts on green street it is a former gilded age mansion a victorian era property

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And I knew the prior owner. I've been through the property. It is magnificent on the inside. You would not know it from the outside. It was originally built for a circus family that was a competitor to Ringling Brothers and Barnum & Valley Circus.

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And I'll show you some photos in a while that will show you just how magnificent the property is.

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Moving forward, here you see the zoning map.

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The property is zoned RM1 as outlined in the blue line.

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It is a 4,000 square foot property.

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And moving out right here, you can see on the right of the screen the property. It was refaced many years ago. We believe that there is Victorian brownstone behind the stone facade. But the property with the curved green steps is what we're looking at.

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I'd like to take a moment and just show you some of the L&I records.

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The immense property was registered for many years as nine apartments after that initial

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use as a single family dwelling for the Serkis family.

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It was later reduced to six units and it was returned to single family use by Dolores

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Van Louvain and her mother. I knew Dolores, and I was inside the property. She passed away

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some years ago, and Mr. Walkland was a dear family friend who is now the owner.

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During the time that Mrs. Van Louvain lived in the property, in order to age in place,

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she returned the building to apartments. And what we are here to do today is to document and confirm

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the configuration as it existed at the time of Dolores' life. L&I records reflect five units,

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but the application calls for six. Here is the refusal in front of you, and it shows that what

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we are seeking is a de minimis variance. 2,400 square feet of lot area would be required for the

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six-family dwelling. 2,275 square feet of lot area exists, which is a differential, a variance in the

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true sense of the word, of 125 square feet, one of the most minor variance, dimensional variances

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that I have had in recent history. Now I'd like to show you why this is appropriate

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for the granting of variance relief, the hardship posed by the property.

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The property is located within the Spring Garden Historic District, and as board members know,

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the historic district regulates the exterior of the properties, not the interior. This

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This interior throughout the building is magnificent.

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Wood paneling in virtually every room.

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I'm going to take you through several photos.

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This is the common area, and one of the main reasons why we are seeking this variance

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And one of the main reasons why we are seeking this variance is that the common area has this

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It's...

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magnificent central stairway. To conform with the code on that 125 square foot differential

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would require the partial demolition of historic elements within the interior.

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And this is the reason, as you'll see in the Spring Garden Civic Association's letter of

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support, why they too are very pleased that Mr. Walkland has committed to preserving the interior.

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I've seen this staircase. It is right through the center of the property, and it's a natural

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break from the front units along Green Street and the rear units in the back. So for the three-story

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building, as I'll show you in a moment, there is one apartment at the front and one apartment at

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the rear behind the staircase. That's a little out of focus, but you can see the magnificent

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Victorian woodwork. Now, here we have the floor plans, and I'm going to scroll down to the bottom.

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there is no living space in the basement. The first floor, what we've done with the green

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is to show you the common areas that break up the property. At the front, at each floor,

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first floor, second floor, third floor, is a large studio unit ranging from 480 square feet

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to 500 square feet. Behind the magnificent central staircase is a large one-bedroom on each floor

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averaged 650 square feet. These are not your cookie cutter apartments. They really are gems

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within the Spring Garden Historic District. Same configuration essentially on each floor. I've

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zoomed in just so you can see it closely. Turning to the Spring Garden Civic Association letter of

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support. I took the liberty just for ease of highlighting that they have supported the

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variance. They note the very large Victorian historic residential property itself and state,

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given the unique interior original configuration of the building, including a magnificent historic

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central stairway, an existing layout which includes the sixth unit, best preserves the

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important interior historical feature. Otherwise, partial demolition of historic elements would be

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required. That, in a nutshell, Mr. Chairman and members of the board, is the reason why the

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documentation and confirmation of the existing condition makes sense, seconded by that de

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minimus differential. And as you've seen with the layout, very generous special apartments that are

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kept in magnificent condition by Mr. Walkland, who is a resident himself with his family

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of Spring Garden. The proposal fits into the surrounding neighborhood as evidenced by the

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non-opposition, in fact, the support of the coordinating RCO. The variance represents the

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minimum variance to afford relief and will represent the least modification possible of

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the regulations at issue, as I've stated with the small 125 square foot differential. The variance

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relief will not substantially increase congestion in the public streets, increase the danger of fire,

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et cetera. And as this is an existing condition that has not caused any issues in the community,

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And in fact, the property owner is respected and a part of the community.

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That goes to show that there will be no change in the surrounding area.

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There are no environmental issues.

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Mr. Walklin is here to adopt and affirm.

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And I'm pleased to answer any questions or concerns that the board may have.

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Why don't you have your testimony adopted?

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Mr. Walklin, would you please raise your virtual hand?

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i think i did yeah good morning could you state your name and spell for the court reporter please

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sir absolutely my name is albert walkland jr uh last name is spelled w-a-c-h-l-i-n you swear or

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affirm to tell the truth the whole truth and nothing but the truth i do sir counsel proceed

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thank you mr walkland have you been present for the entirety of my presentation before the

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zoning board this morning? Yes, I have. And would you adopt and affirm the testimony that I've

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Yes, I have.

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And would you adopt and affirm the testimony that I've offered as your own?

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offered as your own?

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Yes, I do.

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Thank you, sir.

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Questions from the board?

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No, Mr. Chairman.

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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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Chair, we have Justino Navarro.

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

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Justino Navarro, J-U-S-T-I-N-O.

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n-a-v-a-r-r-o do you swear or affirm to tell the truth the whole truth and nothing but the truth

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i do proceed sir good morning mr chair and and madam vice chair it's great to see you again

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members of the board my name is justino navarro representing the spring garden civic association

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and the zoning committee and um attorney labor has very um professionally and accurately described

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the reasons why the Spring Garden Civic Association

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is not only supportive of this proposal,

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but is encouraging of this de minimis request

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because this serves to preserve a unique historic feature

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and build into the Spring Garden Historic District.

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So we have absolutely no problems

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and in fact fully support the request

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and would encourage the board to support this request

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and approve as requested the relief

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that is being sought by this case.

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We want to commend the property owner, Mr. Walkman Jr.,

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for his commitment to the historic preservation

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of the interior of this property

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and the overall preservation

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of the Spring Garden Historic District.

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So we are fully in support

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and thank you for your time this morning.

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Thank you, Mr. Navarro,

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and thank you for calling in.

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Any other comments from the virtual audience?

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I see no handshare.

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Planning Commission.

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Thank you, Mr. Chairman,

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and good morning. David Fecto, F-E-C-T-E-A-U, with the City Planning Commission. Hi, do you swear

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or affirm to tell the truth, the whole truth, and nothing but the truth? Yes, sir, I do. Proceed, sir.

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Thank you, sir. Mr. Chairman and members of the board, the comprehensive plan recommends no change

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to the multifamily residential zoning at this location. The proposed variance represents a

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5% variance from the requested open space, open area for the property. So the proposal will still

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be in keeping with the intent of the zoning code and with the recommendations of the comprehensive

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plan. The proposed variance will not impair the use of adjacent properties. And so for these

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reasons, the city planning commission recommends the board grant the dimensional variance.

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Thank you. MI 2022-001-291-1628 Green Street. I vote yes.

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Harold Soneri my vote is yes. Thomas Holloman my vote is yes. James Snell my vote is yes.

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Ishmael Shaheed my vote is yes. Thank you. Thank you Mr. Chairman members of the board have a good

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day. Thank you. Number four MI 2021 003 785 1733 Fillmore Street Parcel A

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uh darlene three is the attorney no exhibit second listing

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chair there are no hands and mistreat is not listed this case is continued marked must be tried

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number six mi 2021 003 849 244 east springer street burn anastasia is the attorney

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letter of no position from east mount airy neighbors community voted in opposition

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Good morning, Mr. Chairman.

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Good morning.

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

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Sure.

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Vern Anastasio, A-N-A-S-T-A-S-I-O, 2016 Spruce Street, Philadelphia, 19103.

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

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I do.

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Could you identify your client in a relationship to the property?

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Yes, sir.

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I represent the owner of the property, Mr. Elad Bella.

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our vice chair has a few questions. Good morning, Mr. Anastasio. Do you agree with the refusal

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and stipulate to its accuracy? I do. Have you emailed the exhibit packet with proof of ownership

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tax compliance, a copy of the refusal or referral, photos and or plans of the property five days in

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advance of this hearing? And have you met with the RCL? And do you have a letter? Yes to all of that.

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Okay, you may proceed and begin with sharing your screen.

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Thank you.

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Thank you. I ask that the administrator also promote Sarah Pogedley from Ian Toner, Toner Architect. It's S-P-O-C-H-E-D-L-Y. She should be showing up as.

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I ask that the administrator also promote Sarah.

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She's coming back in as a panelist.

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Thank you.

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And I am going to share my screen.

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Good morning. I'm here.

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

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It's Sarah Pachedli, S-A-R-A-P-O-C-H-E-D-L-Y.

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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.

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Proceed, Vern.

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Thank you. And thank you for joining us, Sarah.

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I'm just trying to pull up my document.

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ask that you be just a little patient here

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oh there it is okay

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we're talking 244 east springer street today mr chairman our proposal is for a lot line

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readjustment creating two parcels from one and then placing a single family household on each

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of the lots make sure that you understand the size of this lot is outlined in red here

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as you can see it's very large it's over close to 3,300 square feet what we are proposing is a

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bifurcation of the lot so it'll be two individual lots both exceeding 1600 square feet and then

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placing a twin which is this is RSA3 so that would be consistent with the with the underlying code

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and that's what we'd like to to show you today and let me pull up we have met with the RCO we met

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with them actually on three separate occasions. The original plans did have for front-loading

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garages, and we were at 33 feet tall and two inches. The first floor consisted of

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storage and a garage for each of the townhomes, and then living, dining, open space kitchen.

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And then three bedrooms and two baths on the top floor, rather modest in scale, in scope, and in project.

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Now, after meeting with the RCO, they sent us an extensive list of feedback, and we took each and every one of their points and incorporated them into our new design.

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we eliminated the parking on both lots per their request we reduced the height

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of the structure even further to 30 feet eight inches and living room and dining room and

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kitchen was a little bit of a redesign we still had the bedrooms and the bath

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we brought a master bedroom to the top floor and still made it shorter because there was no garage

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on the first anymore so this was the final rendering of what we came up with again this

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is rsa3 we are permitted one off-street parking spot at their request we removed that we also

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could go 38 feet tall plus nine. At their request, we went even lower. And these lots are consistent

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with other lots that are near it and surrounding it. 246 East Springer is a 1,500 square foot lot.

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226 East Springer is a 1,640 square foot lot. And 224 is 1,658 square foot lot.

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The adjacent street, which is Crown, is 6646 and 6640 Crown are all 1,200, 1,500, and 1,600 square feet, and directly behind us here on Hoarder 229, 227, 223 are 1,300, 1,500, and 1,600 square feet, respectively.

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respectively. So under Hertzberg, because this is a dimensional variance, we do in fact look at

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So under Hertzberg, because this is a.

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other surrounding lots and how our proposal would be consistent with those similarly situated

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spaces. We are right there in the middle at 1,620 some odd square feet. Again, this is an anomaly,

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it being as wide and as out of scope as it is. When we met with the RCO, as a result of that

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meeting that I explained to you, we increased the percentage of open area, by the way,

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from just under 57% to 64%. We increased one, our rear yard from 15 feet deep to 17 feet,

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nine inches. We reduced the height, again, from 33 feet two inches to 30 feet eight, and we

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completely removed any and all off-street parking per their request. Additionally, we did add trees

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to begin the creation of the canopy plan that they have in place. We then returned to the RCO,

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and there seemed to be different issues otherwise. The bottom line, however, is that,

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And I think this got lost somehow in the conversation, but this is what we could build as a matter of right, which would soar 38 feet in the sky, plus another nine feet, which would absolutely dwarf any and all other homes on the block.

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