civus
Hearing video

ZBA Hearing - July 20, 2022

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

This is a request for a single-family home on a very small lot that's 16 by under 35 feet on George Street, which is the first small street north of Poplar.

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this is not the first time i've been before the board with a request like this

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some five or six years ago i had a similar property at 1917 excuse me 1919 george street

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17, excuse me, 1919 George Street, where we asked for the same request, which is a single-family home

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where we asked for this

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with a front-loaded garage and a rear yard of five feet. We have two refusals. One is for parking

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because if you want to have a garage, it has to be accessed from the driveway out of your rear

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street. You'll see from the aerial photographs, there's no orange street parking for this property,

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and you'll see there's other properties of a similar ilk on this block.

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we do have an rco letter of support from united francisville civic association which is in the

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packet these are photographs right now the property is a vacant lot the other proper average

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referring to is right here down the street about five addresses to the east which is very similar

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to the property we're presenting today four stories with a roof deck and a front loaded garage

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And there are other front loaded garages on the block, as you can see from photographs,

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as well as parking in open air spaces for the homes that are on Cambridge Street.

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This is another view just looking west to give you another perspective

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to see that there is no on-street parking. The homes on Poplar Street

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use George Street for parking in the rear, up and down the block, and you can see on the other

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side of the street there's also parking spaces both open air and garages again just a perspective

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looking west this is the project that i presented in 2017 and we actually have the same architect

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today different owners but the same architect who designed this property at 1917 has designed

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the project at 1929 George Street. These are the plans. Four-story building, no basement.

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Again, a perspective indicating where the property will be. More photographs for the board to

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consider. This is the site plan. The refusal we have for dimensional use is a five-foot rear yard,

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which is consistent with other yards on the block. And again, refusal for the front loaded garage.

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Floor plan in the basement, we have flex space, the bathroom, the garage space. Excuse me,

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I said there was no basement. I was incorrect. There is a basement, but we have flex space there

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with an egress well in the back, garage on the first floor, stairs leading to the second floor

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with living dining area, and then two bedrooms on the third floor and another bedroom on the

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final floor with a rooftop deck. The remaining documents are the pro forma documents that the

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board typically sees in presentations such as this, tax compliance, our application,

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project information form, the zoning map, which is an RSA 5 zoning district,

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the deed indicating ownership,

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and then our mailing, our notification.

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I just wanted to show the board

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the zoning permit that was issued

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for the other property I referenced

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at 1917 West George.

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This is the zoning permit

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that was issued for that property

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back in 2017,

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single family household living

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with one car parking on the front.

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And this is the actual refusal

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from 2017 and there the request was for a five-foot yard and we had issues then with open

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space which we do not have with this application so in conclusion i'd just like to ask the board

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to look kindly upon this application because for a number of reasons there's no orange street parking

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we have unique physical circumstances this is a very very small lot it's 16 by 35 it really

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doesn't alter the essential character of the neighborhood or the block it's actually consistent

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with other uses on the block, and it's in harmony generally with the code. And with that, I would

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rest and ask that my client adopt my testimony and entertain any questions from the board or

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from the virtual audience. Have your client raise his hand, please, Mr. Clinton. Mr. Patel, can you

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raise your hand. Yes. Hello, guys. Hi. Could you state your name and spell it, please, for the

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court reporter? Yeah, my name is Kanae Patel, spelled K-A-N-A-Y, last name Patel, P-A-T-E-L.

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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. Counsel? Thank you, Mr. Chairman. Mr. Patel, were you on the call when I just presented

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the project 1929 west george yes and if you had the opportunity to testify would you adopt my

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testimony as your own and as true and correct yes thank you mr patel thank you questions from the

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Yes. Thank you, Mr. Patel. Thank you. Questions from the board? No, Mr. Chairman. No, Mr. Chairman. No, Mr. Chair. Questions or comments from the virtual audience?

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board no

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Chair, we have Vanessa Barbetti. Sure. Hi, could you state your name, please, and spell for the court reporter?

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Hi, good afternoon, Vanessa Barbetti. Could you spell your name, too, please?

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Vanessa, V-A-N-E-S-S-A, Barbetti, B-A-R-B-E-T-T-I.

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Right.

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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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Yes.

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Proceed, please.

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Hi.

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So I am the owner of 1927 Poplar Street, Unit A.

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It's directly across from the subject property.

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I just have a couple of questions.

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I am looking at the prior project that Mr. Clinton did, and I have to say it is much

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better than the other properties that have been done on George Street.

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If you look at other properties, 1939, 1937, West George Street, they have encroached onto

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the sidewalk with stairs.

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So it looks like his prior project does not encroach onto the sidewalk.

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So I just wanted to confirm that that's going to be the same case with this proposed project.

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Yes, ma'am, it will be.

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Perfect.

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Now, I also have a parking spot in my property, and I just see on the last project you did, there's some sort of utility line, and then there's also like a guard in front of it.

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And I just want to make sure that that's not going to encroach onto the sidewalk, because I do have to turn from the sidewalk to get into my parking space at 1927 Poplar.

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And I just want to make sure that utility line there that you see there, you see the red car.

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Yeah, exactly. And I want to make sure that's not going to get in the way of my turning radius.

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you know without seeing where you are and what the distances are i don't i don't pretend to be

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you know a traffic engineer um but you know my client will approach you and do everything they

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can to make sure you're not impeded getting in and out of your property okay if you could if you

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if you could uh give me your you know give your email in the chat i will reach out to you and

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you my contact information so we can make that connection sure absolutely that that would be

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great and then during i'm sorry i just wanted to say mr clinton they don't have access to a chat

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but if you guys could connect offline we can always provide her with the direct information

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okay i think i might have your information from a prior matter actually so i can contact you

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sure please feel free to reach out and then um during construction will i have access to my

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parking space yes i mean there's going to be sometimes when the the street uh when you connect

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to the utilities has to be dug up uh but in general i think my clients are going to use the

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adjacent lot uh for loading purposes and try to have deliveries made and then use the lumber when

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the delivery is made that same day. So again, I don't want to stand as a guarantor that you

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won't be inconvenienced, but similar to the other property in 1917, the contractor will do

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what is necessary to try to keep peace on the street. Okay, great. Thank you. I appreciate it.

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Thank you for calling in. Is there anyone else in the virtual audience?

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Chair, we have Anita Andrews.

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

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Yes, Anita, A-N-I-T-A, Andrews, A-N-D-R-E-W-S.

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

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Yes.

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Proceed, please.

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Yes, I'm the owner of the property that's the equivalent of 1925 West George Street.

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It's where in this picture you've got two black cars, but basically between the white car and the black car.

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I'm very excited for this lot to, you know, I think I have the, anyway, go look at the picture.

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It's the equivalent of 19, it's two parcels over from the subject.

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I'm very excited for this lot to be developed.

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It sat as an eyesore on this block without fencing or anything for quite some time, so very excited.

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My concerns are the following.

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But other than your other lot that you developed this way, it's actually the only other, there's only one property on this entire block that has a totally enclosed garage.

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property on this entire block that has a totally enclosed garage right this this one in 1917 the

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other ones are open air space and i think there is a garage i don't i think this might be a garage

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okay can you hear me yes okay great so the the concern that i have is that every all the other

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parking are totally open air or may have a like a just a facade fence that you know is rolling

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and gate and all that. This block, and especially exactly right there, there are about nine to 10

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children who play in that block all the time. The concern I have with a totally enclosed garage is

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how will the driver know, and they're small children, they're not adult, you know, teenage

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children. How is the driver going to know there are, you know, how will the sort of children have

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enough time to respond? How will the driver know there are children there? So I am looking for,

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I'm very excited for this to be developed, but it is the only one other than your other one that has an enclosed garage.

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I am looking for features and functionality that will provide greater warning and visibility to the owner.

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Well, I don't think a beeping sound, I mean, in other neighborhoods, when a beeping sound is used in a residential setting, it becomes an annoyance to other people on the block.

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And as I look on Poplar Street, it looks like, you know, we had the same situation with people backing out.

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So. But they're open air. They're open air.

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So when they come out of their back doors, they can see this is the way this block works.

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They come out their back doors to go to their cars. They can see the woman, Vanessa, who's just done.

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She comes at her back. She can see the kids are playing. The kids can see she's coming to the car.

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Whereas when you have a totally enclosed garage, typically what happens is a person goes from their interior into their car.

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They sit down, they open the driveway, et cetera.

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So there's not those points of contact and warning to be aware of what's happening on

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the street.

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I agree with beeping noise.

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I'm not the solutioner.

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I'm making the point that there are at least seven kids who consistently play right there.

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On some of our other situations, what we've done is mounted a mirror exterior of the garage

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that can actually, you know, you can look down the block.

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And I think that might be one solution that might work for everybody.

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And so we're willing to explore that.

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We don't want any children at risk, obviously.

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We want to be good neighbors and we want to make this work.

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So like I said to the prior caller, you know, I can give you my contact information, put

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you in direct contact with the owner so we can work out a solution.

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Okay, that's definitely going to be necessary there.

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So I can reach out.

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Thank you for calling in.

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We appreciate it.

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Anyone else in the virtual audience?

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I see no more hands, Chair.

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Planning Commission.

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Good afternoon, Chair and members of the board.

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This is Greg Waldman, Planning Commission staff.

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In 2018, the zoning map was amended from residential multifamily to residential single family at this location in accord with recommendations from the comprehensive plan.

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The existing driveway is consistent with nearby properties, as is their very yard depth.

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the city planning commission recommends that the zoning board grant the variance

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thank you MI 2022 002 117 1929 West George Street I vote yes

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Carol Tenere my vote is yes Thomas Howell my vote is yes

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James Snell my vote is yes

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thank you mr chairman thank you mr chairman members of the board have a great day everybody

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right it's number five mi 2022 002 130 2203 north a street mr knockamson is the attorney

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recommendation of support from the 37th ward rco

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mr knockamson good afternoon mr chair members of the board

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all right could you state your name and spell please for the court reporter

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yes alan a-l-a-n last name knockamson n-o-c-h-u-m-s-o-n do you swear or affirm to tell

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the truth the whole truth and nothing about the truth i do could you identify your client in

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relationship to the property uh yes my client uh is the property owner 2538 realty llc and i have

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a member of that organization isaac cats in the virtual audience thank you our vice chair has a

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few questions hi mr mackinson do you agree to wait the reading of the refusal and stipulate to its

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accuracy. Have you emailed the exhibit packet with proof of ownership tax compliance? Refuse

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Have you emailed the exhibit packet with proof of ownership, tax compliance, refusal, referral, photos, and or plans of the property five days in advance of this hearing?

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And have you met with the RCO? And do you have a letter?

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Yes, in all respects.

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Okay, you may proceed and please begin by sharing your screen.

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good afternoon again alan knoxson pc i'm here to present 2203 north aid street

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so in our presentation packet first we have the notice refusal then the letter of support from the

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37th board executive democratic committee you'll see that we had a well-attended meeting of 23

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individuals and each individual voted in support of this project. We have a nearby triplex that

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this zoning board has granted under similar circumstances on this block of North 8th Street

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and we have that permit as part of our presentation packet. Then we have maps of the area and what

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you'll see from there is that we're not on a commercial corridor even though we are a CMX2

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property. We're in the residential portion of town and we're helping we're trying to help build that

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commercial corridor on Germantown and Diamond Street by increasing the density of nearly

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swapping out the commercial unit with the residential.

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You'll see photographs of the property, our planted drawings, our RCO meeting notice or

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application for appeal, our deed to the property showing that 2538 Realty LLC is the owner

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of the property, and our certificate of tax clearance.

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Again, Mr. Katz is in the virtual audience, and he'll be able to adopt my testimony.

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I also believe that Mr. Masso, the architect on the project, is also in a virtual audience, if any questions need to be answered from a technical standpoint.

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So first things first, this is a CMX2 property, right?

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So we are allowed a maximum of two dwelling units, given the size of the property, and the size of the property is almost a 1,100 square foot lot.

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All we're trying to do is swap out the commercial unit with the residential to make three units.

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So we're allowed three units as a right. We're asking to have that commercial unit, which would probably not be appropriate for this block.

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We're not a corner property. And we are bordering two commercial corridors, both Germantown Avenue and Diamond Street, which are walking distance.

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And the community did not want to see commercial on this block.

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And this board has heard similar arguments for another property on this block and granted a similar zoning request.

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So we have one refusal regarding for this triplex the amount of units, residential units.

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The second one is that we're looking to eliminate the commercial unit as well, and those are essentially our refusals.

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And then, again, you'll see from here 23 individuals attending our meeting, all in support of this project.

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