civus
Hearing video

ZBA Hearing - June 23, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Jun 23, 20216h 15m

Thank you. Is there anyone in the virtual audience who would like to testify?

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Madam Chair, we have Eve Miller. Please unmute yourself and wait for Madam Chair.

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Yes, I'm here. My name is Miller. Can you put your name and address on the record and spell

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your last name, please? Eve Miller, M-I-L-L-E-R, 2237 South Clarion. I'm concerned that the...

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Excuse me one second. Do you swear or affirm to tell the whole truth and nothing but the truth?

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I do. Thank you. You may proceed. Yes, I'm concerned that the expansion in the rear yard

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will impinge on neighbors on West Clarion Street, limiting their air and adding to the noise factor

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and eliminating their privacy. So I'm very concerned about that expansion.

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So I would just ask, Madam Chair, if this resident, her address does not line up with

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subject property and appears to be speaking for other neighbors, my client circulated

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subject property and appears to be speaking for other neighbors, my client circulated a petition

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of all of the neighbors on the 2200 block of South Juniper that, as you see on your screen,

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they all signed in favor of the application. She listed her address as 2230-something.

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This property is 2217. Right. This property is 2217 Juniper, so I don't believe she has standing,

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but I understand our concern.

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We meet all of the other dimensional requirements.

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Only the open space is violated.

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We actually met the rear yard,

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but we don't have any setback variances.

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So this would be, we would be permitted

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to go this deep anyway.

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It's just an open area issue and we meet the rear yard.

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So I don't, that's my comment.

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I don't need to cross examine, but I would say that.

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Thank you.

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and thank you miss miller i'd like to say one more thing um i don't believe that any uh residents

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on clarion street uh signed the petition in favor of the expansion of the rear yard

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isn't clarion street two blocks away no it's a it's one block one block from juniper

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okay right now i would have the same objection madam chair i don't believe this individual has

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legal standing it's not impacted she's speaking for other neighbors she's pretty far away from

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this problem you can see my client got a lot of signatures from his immediate neighbors who are

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the ones who are yeah there's no uh signatures from clarion which adjoins this particular property

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at 2217 which uh 20 the rear of 2217 faces the rear of clarion street right and that would be

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the 22 in the teens your your property well i'm not going to cross as a man chair but her property

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is not clearly not impacted she's speaking for other neighbors which i don't think

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yeah i'm i'm speaking on behalf of other neighbors on you're not permitted

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to you're not permitted to you can only speak on behalf of yourself

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okay thank you thank you does the board have any questions madam chair we have no no

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yes someone else um no they're not raised anymore you can go ahead

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okay calendar number zero eight seven three twenty two seventeen south juniper street my

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vote is yes you got a planning commission carol yes i did yeah my vote is yes my vote is yes

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my vote is yes calendar number thank you six seven twenty five fourteen east allegheny avenue

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the attorney is henry clinton

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she's coming in now as a panelist okay mr clinton hello can you put your name and address on the

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record and spell your last name yes hello madam chair henry clinton queen memorial building 1313

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south 33rd street foot off epa 19146 you're over at andrews correct do you agree do you agree to

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reading of the refusal and stipulate to its accuracy? I do. Have you emailed the exhibit

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packet with proof of ownership, tax compliance, refusal, or referral, photos under plans of the

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property five days in advance of this hearing, and have you met with the RCO, and do you have a

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letter? Yes, to all of the above. Thank you so much. You may proceed. Thank you, Madam Chair. With

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me is the client, Todd Comer, and after my presentation, I'll ask if he could adopt my

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testimony. Can you see my exhibit package and do any to enlarge it? We can't see it at all.

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How about now? No, today's one of those days. No, not yet. All right. Can I share my screen?

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No. You can share it, but we can't see it yet. Let me try this again.

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Okay.

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It's coming up.

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How about that?

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We don't see it yet, but it's trying very hard.

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Ms. Sunkit, do you have a suggestion?

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I'm not sure.

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Mr. Clinton, how about if we try turning off your video and see if that allows it to move a little quicker?

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Thank you.

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it seems like it's frozen for some reason i don't know why

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you can try mr clinton would you like for me to um the demodem and then pre-modem oh here we go

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how about that oh yeah it's coming up yes yes enlarge it

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better

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is that better this is good yes okay thank you madam chair thanks for your patience

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so this is concerns 25 14 used allegheny today's hearing date this is my exhibit

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package containing AA through A10, and I'll walk through each of the documents. My appearance

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statement, the refusal. Refusal concerns a long-time chiropractic practice which occupied

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the first and second floor. When the doctor who was there retired, my clients acquired the practice

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from Dr. Kent, Raymond Kent, and they opened a chiropractic practice also in the neighborhood

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because it's been a longstanding establishment there. But they found that they only really need

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to use the first floor. Dr. Kent used the first and second floor. And from what I'm told in the

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neighborhood, on occasion, he would stay and stay overnight on the second floor. So right now,

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the use of the property is first and second floor a chiropractic office even though it's an RSA 5

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zone it's a long time non-conforming use so what we're asking is that the first floor and basement

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remain chiropractic but the second floor be a an apartment so instead of having all commercial

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in this RSA 5 zoning district we're asking for basically commercial on the first floor

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and then residential on the second floor.

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So we're kind of returning it to what it once was,

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at least 50% of that.

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We have an RCO letter of support,

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overwhelming support, 10 to zero.

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Photographs, just to give you some perspective,

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this is the property right here.

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It's almost 100% lot coverage.

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This is a better view of it.

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It's right here.

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Back in the day, it used to be, oh my God, probably 40 years ago, it used to be a funeral home,

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but then was adopted into a chiropractic practice.

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And across the street is the Port Richmond Savings and Loan.

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Again, some more perspectives.

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The entrance to the apartment would be on the side and have a separate staircase to go up to the second floor.

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again just trying to give the board some perspective on the length of the property

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and I also have some photographs of the interior nicely decorated chiropractic office

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with examining rooms on the side entrance on the front this is in the basement you can see it is

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actually already set up for two units with a common meter. And then I'll just roll through

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some of the other photographs. That's on the second floor, first floor. Here are our plans.

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Shrink these so you can actually see them.

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basically we're going to have a bedroom in the rear two other bedrooms there and a bedroom in the

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front the rest of the documents are my tax certifications the application the zoning map

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I guess I could show the board this just to show you that it is all RSA 5 there, but again, this is an historical nonconforming use.

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So pretty straightforward.

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We're swapping out the second floor, which is commercial, chiropractic, to residential.

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The deed and all the other perfunctory documents that one would submit with our zoning application.

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so i'm going to end my presentation there and ask if there's any questions from the board or

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from the public

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does the board have any questions no no is there anyone in the virtual audience with questions

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no hands at this time madam chair

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No hands at this time, Madam Chair.

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Madam Chair, can I have my client adopt a testimony, if you may?

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Yes, you may.

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Comer, C-O-M-E-R.

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She's been unmuted.

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Mr. Comer, can you hear me?

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Yes.

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Sir, can you put your name and address on the record?

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Yes, Todd Comer, C-O-M-E-R, 1923, Corey Lane, C-O-R-I, Lane, Bluebell, PA, 19422.

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You swear or affirm to tell the whole truth and nothing but the truth?

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Yes.

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Thank you.

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Mr. Comer, have you heard my testimony during this meeting?

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Yes.

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If you had the opportunity to testify, would you adopt my testimony as your own and as true and correct?

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yes thank you mr comer thank you thank you planning commission this is uh ron bednar city

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planning while the property is currently indicated for residential use on the city plan

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given the documented use history we recommend aggressive parents begin thank you are there

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any other questions calendar number zero eight six seven 25 14 east allegheny avenue my vote is yes

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my vote is yes my vote is yes

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calendar number zero eight six five thank you 20 26 you're welcome 26 29 poplar street

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that's you again Henry Clinton

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does he not know that he's the next case

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no it was me Madam Chair Tanya being too fast

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okay hi Mr. Clinton can you put your name and address on the record and spell your last name

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again. We can hear you. Yes. Thank you, Madam Chair. C-L-I-N-T-O-N, 1313 South 33rd Street,

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Queen Memorial Building, Philadelphia PA, 19146. Do you agree to waive the reading of 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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of tax compliance, refusal referral, photos and or plans of the property five days in advance of

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this hearing, and have you met with the RCO, and do you have a letter? Yes, to all of the above,

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but the letter from the RCO is one of opposition, and I will explain that. Okay, you may proceed.

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Can I share my screen? Sure.

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Is that visible, and do I need to make it bigger? Could you make it bigger?

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Oh, now it's great.

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Again, this is my exhibit package for today's project, 2629 Poplar Street, my table of contents containing AA through A10, which I asked to be admitted, appearance statement, refusal.

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And this is pretty significant here.

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This is a CMX2 property in the midst of other residential properties, which are also zoned CMX2.

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And I'll show you that on the zoning map.

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My client doesn't want to put commercial on the first floor, but he does want to have two residential units above.

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The neighborhood and the neighbors on either side also agree that it should not be commercial on the first floor.

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There's actually a half a block away, 108-unit apartment building with commercial on the first floor.

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And commercial really doesn't fit well when I show you the aerial photographs of this property.

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But my client is in the dilemma here, as am I.

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I don't usually come before the board without community support.

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But he has the opportunity to have three uses, a commercial and two above.

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And what he's asking is to switch out the commercial to residential.

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But the neighbors who attended the meeting by a vote of eight to three really don't want him to have three units.

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They're okay with two, but not with three.

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and i know some of them are probably on the call i may explain their rationale but

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we're basically just we're switching out a residential for a commercial because my client

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doesn't want to build commercial but if he's forced to i don't i don't know that he has any

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other any other option okay uh so this is the rco letter but it's not a letter of support

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it's a letter of opposition and i believe that with the center board and i have it here that i

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And I have it here that I can certainly read their reasons to you if you want.

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that I can certainly read their reasons to you if you want.

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But let me just go ahead.

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And it's for Paramount Civic Association.

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Yes, Madam Chair.

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Okay.

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So this is an aerial view of the property.

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Over here is the larger apartment complex I just mentioned.

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And these five houses here are all residential.

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But the whole area over here is CMX2.

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And this is RM1 across the street.

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again another perspective from the rear and what's noteworthy is right now the building occupies

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100 lock coverage and in our proposal we're providing a rear yard there's no rooftop deck

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so we're giving giving open space we have no refusals for height rear yard or open space so

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we're actually going to open up the back of the property with our with our project if if people

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and look kindly upon it.

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You just get this perspective for you.

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So this is the zoning map here.

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If I can just get it in place so you can see.

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this is the zoning map right here so the lot is about say 68 feet and but right now there's 100

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percent lot coverage so this area which is now rear yard is fully occupied again we're going

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to have a rear yard that's an ample size and we meet all the requirements for open space and rear

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you are. This would be the front of the building, all brick, some two bays with paneling, metal,

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excuse me, standing seam metal, and on the back would be stucco. So here's a better shot of the

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property. It's currently two-story, and the property to the east is set back,

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and the property to the west is equal in terms of the frontage.

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So the floor plan, pretty straightforward.

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In the basement would be a family room and storage for the three residential units.

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On the first floor, there would be one bedroom.

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On the second floor, there would be two bedrooms.

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and on the third floor, there would be three bedrooms.

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The rest of the documents are the typical documents

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what one would see in a presentation.

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So basically, the question is,

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can we or we permit it to switch out a commercial

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for a residential in this neighborhood and in this area?

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I just wanted to show you this, the zoning map.

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