civus
Hearing video

ZBA Hearing - March 10, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Mar 10, 20215h 3m

i can't see that far yeah so uh at present there's no legal parking on division street

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um the times that i've been out there i've observed cars parking on the sidewalk which

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may or may not be legal um and then in terms of on our side of the street um a lot of those rear

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yards for the sunny dale avenue homes are actually parking so the people that live on sunny dale

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park off of Division Street.

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They come up Division Street and they turn into

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a kind of a backlog.

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Okay. Thanks, Sarah.

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Sure.

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Yeah, the issue

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of people parking on the sidewalk

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that was brought up by the gentleman across

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the street, concerned about

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people coming in and out of these proposed

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garages, that problem

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obviously already exists.

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I mean, the only way to cure that

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is to prohibit parking on that street and I'm not suggesting that but that's a situation it's

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probably been going on for a hundred years and it's not going to go away is this this

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this proposal is not going to change that uh anyway anyone else would like to testify in

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this case please raise your hand here we have uh Linda Norris you can unmute yourself and speak

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New and different would be helpful.

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Good afternoon, ma'am.

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Please identify yourself with a record name and address, and I'll swear you in.

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Linda Norris.

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Tell your last name, please.

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Linda, L-I-N-D-A, Norris, N-O-R-R-I-S.

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And your address?

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3422 Division Street.

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Thank you.

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You swear and affirm to tell the truth, the whole truth, nothing but the truth.

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i do sir thank you please proceed yes uh just i just want to say i'm the block captain of division

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street and true cars do park on the right hand side of division so to allow the people on sunny

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side to park in the rear like you know the whole city the parking issue my biggest concern of being

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a block captain i'm hearing i feel bad for mark for the tenants in those three apartments when

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she builds this unit or unit whatever the house one or two

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it's going to be directly like I said in their backyard

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there will be no privacy for those tenants

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them three houses there on Sunnyside

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I don't know how they say it's Division Street when it's right in the rear

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of Mark's backyard first of all and then

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across the street Division to take their sunlight away so

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I'm just saying, to be fair, if I had my way, I definitely

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would oppose this whole plan. I don't think it's fair. It just

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offsets the whole street. And I feel bad for those tenants and Mark

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that live there because they're literally building right in the backyard

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of that property. And for the neighbors

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across the street to take their sunlight away, it's wrong.

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But more Mark and those tenants that live there,

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the three there's six apartments there will be no privacy there's sunlight the air they're going

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to be practically on top of them this is so wrong my opinion only thank you anyone else to testify

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yeah we have far hands so how we mr so how we you can unmute and you can speak now yes hello

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hi identify yourselves by your first and last name and provide us with your address

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Hi, identify yourselves by your first and last name and provide us with your address.

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Sure.

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Sure. My name is Farhan Sahawneh. That's F as in Frank, A-R-H-A-N. Last name is Sahawneh, S as in Sam, A-H-A-W-N-E-H. And I am the homeowner at 3466 Division Street. I am Mike's neighbor.

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You swear and affirm to tell the truth, the whole truth and nothing but the truth.

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I do.

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thank you please proceed um while it may not it may not be relevant i do just want to say very

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briefly that mike is a wonderful neighbor who has put his life on the line for me uh when i

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shortly after i moved in uh to my house so uh great neighbor but um i i just want to echo um

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what everybody has said so far um i know it's it's not really a legal reason but i do i do

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enjoy the light that comes into my house I do enjoy the view of the sky from from my windows

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but but really the major issue here is that the street is distinctly narrow I know that's been

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said another thing Mr. Chairman I know you had mentioned something you had said something like

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the problem with parking has probably been there there are actually not any front-facing garages

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of that proximity anywhere else in that street so this would be a new sort of sort of issue

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what i excuse for the interruption what i was referring to that people are parking on the

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sidewalk and they're damaging sidewalks so you can't blame it on this you can blame it on this

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these two garages or three garages but it's not because of them there's other cars that are causing

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creating that same problem that problem for the sidewalks on the other side opposite side of the

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street the side that you live on i i see i see i see your point um that's all i was trying to make

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okay okay thank you sir um you know uh i think when when one when one walks around the neighborhood

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of east falls one sees um that you know while there are buildings of this size in the neighborhood

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None are built quite in the same proximity directly across of other homes.

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I know maybe that's the case in other parts of the city.

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It's not here, and this is probably why it's not enjoying the support of the community.

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I'm here.

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I'm much younger than those who have lived here for decades.

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I'm rather new to the neighborhood.

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I'm here to speak not just for myself, but for them.

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These are smart people who know why they feel the way they do about this.

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And I just want to voice my support for the community and speak up against this as it's being proposed.

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And that's basically it.

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Thank you.

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Thank you.

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Anyone else to testify?

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This is Mike Weider again.

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And I just want to make.

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There's no hands at this time, Chair.

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Thank you.

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Planning Commission.

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Good afternoon, Chairman and members of the Board.

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This is Paula Brumbelow-Burns from the Planning Commission.

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I have not been sworn in.

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I know. Paula, please identify yourself.

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You did identify yourself.

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

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I do.

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please proceed okay let me get to my page the comprehensive plan recommends this property for

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single-family use and there is no evidence of a unique physical circumstance that would support

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a claim collection additionally the proposed three lots are undersized and out of character

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with the surrounding properties and so small that they cannot meet the open space and rear

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yard requirements of the zone code we recommend that the board deny the requested variance

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thank you mr chairman yes sir can i ask the counselor a question a couple two questions

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sure yeah uh counselor is that street a legal street yes it is legally open and on the city

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plan another question is have you reviewed the egress windows with the street department

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the egress wells on the the proposed egress wells i'm sorry is that what you're asking

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yeah you need streets you need streets review to use a sidewalk for egress opening

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uh the streets department has not reviewed the new proposed egress well okay thank you

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and if i could just very quickly respond to uh planning's commission's comment

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And if I could just very briefly respond to Planning Commission's comment, I just believe that there's some confusion here.

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In hearing the testimony of the Planning Commission, they seem to be responding to the three-unit plan, which was the original proposal, and not to the revised two-unit plan.

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Is that accurate, Paula?

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um i was looking at the original refusal but we still uh don't find a hardship for two lots or two

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lots because they wouldn't even be allowed two lots by the zoning code the property is not big

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enough so we are still at one lot thank you okay anyone else on the board no okay no all right

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MI 2020-002-459-3445 Division Street. My vote is no.

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My vote is no.

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My vote is no.

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My vote is no.

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My vote is no.

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I think we go now, Carol, to number one, Lycoming Street.

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yes calendar number 0666 1216 West Lycoming Street

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anyone here for 1216 West Lycoming

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there are no hands at this time chair thank you MI 2020 that's 000666 1216 West Lycoming my vote

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is to dismiss. My vote is to dismiss. Dismiss. Dismiss. Dismiss. Thank you. Calendar number

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2760-1640, Edgley Street. The attorney is Steve Masters. No, excuse me. Carol? Yeah, are we?

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You skipped. You had a good number two, Levick Street? Yeah, I thought that was continued. Oh,

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right. My apologies. You're right. Okay. Sorry about that. Next time I'll put my hand.

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We talk like that because we're Italian. Mr. Masters. Mr. Masters has been promoted to

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panelists. Hi. Can you put your name and address on the record, please? Yes. Good afternoon,

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Mr. Chairman and members of the board. Steve Masters, the attorney for the applicant from the law firm of JustLaws, 621 West Mount Airy Avenue in Philadelphia.

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Thank you. Do you swear or firm to tell the whole truth and nothing but the truth?

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I do.

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

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Yes, I do.

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

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Yes to all of your questions.

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Thank you, and you may proceed.

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um good afternoon we're here on four properties today it's a scattered site development and these

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are numbers three four five and six on your agenda uh the first one that was just called

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is 1640 edgley street uh the the second one is 1910 page street the third is 1938 page street

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and the fourth is 2035 North 19th Street.

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Could you hold one second, please?

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Let me interrupt, Carol.

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Should I read them all in?

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No, just before you do that, Sharon,

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on our notation, the Page Street properties,

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we don't have any exhibits.

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Did we get them?

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Well, Mr. Chairman, we are withdrawing the appeals

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on the two Page Street properties,

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which is why we didn't submit any exhibits.

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Okay, all right.

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And then we can proceed.

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So we're going to do 2035 North 19th and 1640 Edgley, correct?

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And we're hearing them together.

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Calendar number 3315, 2035 North 19th Street.

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And there are letters of non-opposition on both cases.

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actually for 2035 north 19th street there's a letter of support from the rco and for 1640

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edgley street there's a letter of non-opposition both of the letters are also incorporating

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three provisos that are located in exhibit five of both of our exhibit binders for these cases

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um so let me share my screen

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And let's go to, okay, starting with Edgley Street, so the project at Edgley Street is

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and let's go to

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an undersized 825 square foot vacant lot zoned RSA 5.

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We are proposing to build a duplex with one two-bedroom and one three-bedroom apartment, which constitutes the least modification possible from the single-family use.

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The proposed use also contributes positively to affordability. There's only one use refusal for two-family use and one dimensional refusal for 14% open space where 25% open space is required.

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As you noted, the RCO has issued a letter of non-opposition based on our meeting and a couple meetings, actually, with the RCO and with the creation of provisos.

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Let me just go to the provisos quickly.

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so these provisos um involve first the withdrawal of the zoning appeals for 1910

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and 1938 page street second we eliminated roof decks on the plans for both 19th street and

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edgley street and we have revised plans that we are we've already submitted to your council with

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the proviso form before this hearing. And the third proviso was that we will develop a trash

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removal plan with the residents of each duplex, and we will also strongly support the community's

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efforts to bring back twice a week city trash pickup in the neighborhood, which was something

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that was strongly supported at those RCO meetings. So let me review for you the plans here.

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uh this is the site plan uh make this all pure so we have the front elevation uh the rear elevation

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and uh the the rear yard with the slightly smaller setback uh in terms of floor plans

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we have the first apartment will be um in the cellar and the first floor

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kitchen on the first floor

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and then the second apartment is the second and the third floor

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we have living space and bedrooms the kitchen is on the second floor for the second department

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and we have some photos for you this is this is the lot in this area here

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and photos of our zoning posting

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And then our pro forma, our tax clearance, our deed, our application for appeal, our project information form, and the letter to the RCO and proof of mailing.

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That is for Edgley Street and for North 19th.

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These are very similar.

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on north 19th we only have one use refusal for the two family we meet all the dimensional

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requirements of the code in this case the RCO gave us a letter of support

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This project was originally permitted as a single family home with eight bedrooms and

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we are now converting it into a duplex which has said had three bedrooms in one unit and

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which I said had three bedrooms in one unit and four bedrooms in another.

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four veterans in another.

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Here is the drawing with the neighboring property next door.

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Our elevations.

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And floor plans.

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Apartment A is both the cellar and the first floor.

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And then Apartment B is the second and the third floor.

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