civus
Hearing video

ZBA Hearing - August 13, 2025

Philadelphia Zoning Board of Adjustment (ZBA)Aug 13, 20256h 43m

Mr. Anastasio, could you give us an update on 6424 Rising Sun?

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Yeah, we just haven't had an opportunity to meet with the RCO, I believe,

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and that's the reason why the RCO requested the continuance

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and we don't object.

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Okay, thank you very much.

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Thank you.

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MI 2025-001894-6424-Rising Sun.

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This case is continued to 113.26 at 9.30 a.m.

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Thank you.

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Any other requests for continuance?

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Chair, I see no hands at this time.

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Okay, and I also have number two, MI 2025, 000, 600, 6801 to 17 North 16th Street.

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This case has been withdrawn.

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We're going to go to our add-on list.

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Number one, MI 2024, 00.

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Number one, MI 2024, 006-823-5329 North 3rd T Street, I vote no.

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Michael Johns, my vote is no.

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Cheryl Gaston, my vote is no.

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Tanetta Graham, my vote is no.

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Tywin, my vote is no.

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Ryan McAdams, my vote is no.

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Thank you.

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number two

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10-5-20-24-003-143

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2838 Cancel Street, I vote yes

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Michael Johns, my vote is yes

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Cheryl Gaston, my vote is yes

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Tannetta Graham, my vote is no

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Taya Nguyen, my vote is no

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okay

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okay, number

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number three, MI 2024

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002 432 739

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Tyson Street.

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At the request of the applicant, the vote in this matter has been rescheduled

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to Wednesday, September 10th at 2 p.m.

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Case number.

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We're going to go to move to case number 11. MI 2025 00911716 Strale Street. William Kilrain

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and Elizabeth and Elaine Phillips are the listed owner applicants. This is a pro se.

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William Kilrain is coming back in as a panelist now, Chair.

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Thank you.

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Hello, can you hear me?

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I can, sir.

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Okay, thank you.

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Sorry about that.

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Could you please turn your video on?

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Yes.

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So I have two computers right now.

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My PC does not have a video, but my laptop does.

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I will log in on my laptop for video.

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Okay.

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I will put my last name is hyphen video so they can identify it.

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Okay, sure.

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So let me just log in here real quick.

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Thank you.

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it's just you've been invited as a panelist I don't know there might be

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some might have to login is might have to put a different name in because it

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look like it was uh i might have to put some different information in i'll put bill kilrain

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as opposed to william and a different phone number i'll put william in i'll put a different email

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bill you have any suggestions yeah i'm i'm i think i got i'm talking to

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i have the bill here too okay sorry about that

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Mr. Kilrain, why don't I do this?

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Why don't I come back to you and figure out where we stand and I'll come back

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in maybe about 20 minutes to you. Okay. But I will keep,

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I will let you sit there the whole day. I'll come back to you. Okay.

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Just give me, I think I have it right here.

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If you just give me two seconds.

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Go ahead.

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Let's see what happens.

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It says it's joining the webinar.

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And it's, the one that has my video is williamkilrain-video.

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And it's, the one that has my video is William Kilrain hyphen video.

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If you want to take, if you want to enable that one as well.

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There you go.

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I'll start my video only since I have audio.

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Oh, for crying out loud.

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okay hello well we we see you but i i don't is your video up my video is up okay it's showing

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i can see myself um can anyone else see me i'm under william kilrain i think you have two again

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my screen share is going to be under bill kilrain uh so there's that one is blank and it will only

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show my exhibits and then you can see william kilrain hyphen video and that is who that's my

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picture of me, if that makes sense. I guess, could you please state your name

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and spell for the stenographer? Sure, it's William Kilrain, W-I-L-I-A-M-K-I-L-R-A-I-N.

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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. Our board member Tenetta Graham has a few

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questions. Mr. Chair, before that, would you like to read the refusal into the

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record okay all right thank you good afternoon um have you required all the documents five uh

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necessary for the case five days in advance yes okay okay so just this application is for the

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erection of a five foot high 100 opaque fence between the property line and the front building

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line of existing detached structure. Use a single family dwelling. The required front yard fence

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height is four foot, whereas a fence height of five foot is proposed. Required fence opacity

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is 50%, whereas 100% is imposed. Please start your presentation. Sure. Well, let me give you a

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little bit of background before I bring in the exhibits. So, and everything I say will be backed

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up with the exhibits. We bought this property in February of 2022. The fence had already been

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installed. It had been installed at least since October of 18. That is verified via Google Maps

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and Philly Atlas video, basically. So the fence pre-existed our ownership by at least five years.

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It had been there for five years. Nobody had a problem with it. And then for whatever reason,

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someone decided to notify L&I for a violation. I don't know why, won't comment on that.

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So I had also, when we purchased the property, there were no violations on the house at all

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at the time. And also the city provided me with a certificate of occupancy, which stated as such.

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So we thought we were buying a property that was fully zoned correctly and without violation.

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um okay so uh we have the full backing of councilman brian o'neill he has provided a

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letter and uh let's see here if i can bring that first up yeah fox chase civic association right

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so fox jakes we did have the meeting with the fox chase civic association all near near neighbors

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were notified all 13 near neighbors were were fully in support um everyone was pretty disgusted

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at the situation, you know, were all good friends and they couldn't understand why this was

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happening. So not only did I get all 13 members of the near neighbors who were notified at the

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meeting to agree that the fence should remain without any, with a, with a variance, but all

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members, including all board members of the Fox Chase Civic Association also agreed that the fence

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should be able to remain with variance. We have their letter. Okay. So you don't need me to bring

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that up then nope we're good okay um i don't want to waste anybody's time i mean what there are

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certain exhibits i have i have um you know google maps why don't you show us some photos of the

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property. Sure.

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Okay.

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Okay, back here, let me share, tab, which tab is this, no, here we go, right here.

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Okay, back here.

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there you go it's coming out okay so this is the exterior of the property

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just from both sides and then kind of from kind of a rear perspective I do have an interior shot

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I can also show you if you need it it is set back about four feet already it's under some trees as

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you can see there is greenage there um you know it provides one it was actually one of the reasons

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we purchased the property was because we have three three kids three small children and it

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provides the privacy and security that we were looking for it has a nice big yard so we don't

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have to worry about them you know being out um and you know again because the city provided us

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with a certificate of occupancy without any violations,

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we assume that this offense was part of the property without issue.

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So if you'd like, I can show...

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Show me one photo from inside.

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Sure.

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Okay.

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All right. All right. Questions from the board.

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So your your near neighbors, are they supportive or what?

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Yes. Again, all of the near neighbors were invited. 13 showed up and all voted unanimously to agree for the variance.

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And again, most of them were disgusted at as to the situation.

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They were kind of aghast. Why is this happening? This fence has been here for a year.

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I mean, it's eight years now, really. It's been there for eight. We were notified at five, and they just couldn't understand why this was happening.

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Everyone actually likes the fence. They find that it's aesthetic. You know, it provides a little character to the neighborhood as well.

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So all your neighbors, even, you know, my two direct next door neighbors, both were at the meeting and both were in support of the variance.

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questions from our attorney billiard emerson not at this time mr chair questions or comments

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from the virtual audience

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planning commission

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good afternoon chair members of the board michael gall with the philadelphia city planning

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commission m-i-c-h-a-e-l-g-a-l-l you swear or affirm to tell the truth the whole truth

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nothing but the truth i so affirm please proceed the comprehensive plan recommends no change to

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the existing rsd3 residential single family detached zoning at this location there is no

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unique physical circumstance or condition of this property that would prevent the property from

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being used in conformance with the zoning code therefore the city planning commission recommends

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the board denied the proposed variances for front fence height and opacity. Thank you. MI-2025-002-911-716

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Strale Street, I vote yes. My vote is on. My vote is yes. Cheryl Gaston, my vote is yes.

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Tenetta Graham, my vote is yes. Ryan McAdams, my vote is yes. Iowyn, my vote is yes. Thank you,

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sir you have your votes great thank you what's the next steps then I guess you'll

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you'll you'll hear from us right you will hear from us you'll see you'll

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receive a notice of decision via email with instructions okay great thank you

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I do. Sure. Sure. Number 9, MI-2025-002-370-2301 North A Street.

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Recommendation of unanimous support from 37th Ward, RCO.

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Letter of non-opposition from Council Member Young.

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Good afternoon, members of the board. Alan Nockamson.

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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 relationship to the property?

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My client is 2301N8LLC, the owner of the property, and I have two of its members in the virtual audience, Igor Gitterman and Nathan Ward.

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igor gitterman and nathan ward one of them will raise their hand um teneta graham our board

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One of them will raise their hand.

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member has a few questions thank you good afternoon um have you submitted your documents

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five days in advance of this hearing yes we have and do you waive the reading of the refusal to

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stipulate to its accuracy i do okay so thank you you can see your screen and start your case

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thank you can i just be promoted to a panelist please sure thank you

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He's been promoted to panelists here. Thank you.

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So I'm here to present 2301 North H Street.

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As the chairman stated, we did have some positive feedback by the community or from the community.

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We had unanimous support for this project.

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This is not the first time this board has seen this property by way of variance, and

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we'll go through the materials, but the board granted a proposal for 39-unit apartment building

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that was granted by the board by way of variance.

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Unfortunately, given the market conditions, cost of construction, just not feasible to

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build 39 units.

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That's why we're back here today for 31 units, similar to last time the community supported

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the project.

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They supported it again.

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So we have 10 exhibits. We notified 125 addresses of the community meeting. Our community meeting was June 18th. And again, at the conclusion of my presentation, I would ask that either Igor or Nathan virtually raise their hands and to adopt their testimony as their own.

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I also have Rustin Oler from Harman Deutsch Architects who can answer any architectural related questions.

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So the first thing we're going to review is the notice of refusal.

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It seems worse than it is.

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I mean, this is what happens when you have mixed zoning.

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We have I2 and CMX2 zoning.

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More appropriate, honestly, to do a residential zoning here, and you'll see why.

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But, you know, as part of the, you know, of refusal, we essentially have 10 building structures.

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Nine triplexes that are facing North 8th Street, which we'll review, and then one quadplex facing Germantown on a regular-shaped lot, which borders 8th Street, Dauphin Street, and Germantown.

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And here are the refusals.

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The first one is the fact that we're in an I-2 district and residential use is not allowed.

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That's the first one.

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Where if this was just pure CMX2, we would, not maybe on the ground floor, but on the upper floors.

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The second refusal has to do with the fact that we don't have a commercial component in our project.

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But again, not out of character, because if you look at North H Street, there is really no commercial there.

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The third refusal has to do, again, in terms of applying the CMX2 zoning.

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We do run a little bit short of the allowable residential units, but not by a lot.

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That's a de minimis refusal.

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The fourth refusal has to do with the parking.

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That's an I-2 requirement, not a CMX-2 requirement.

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Again, it would be kind of out of character in the neighborhood to provide such parking.

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The next refusal has to do with the fact that we go street to street and that there should

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be some type of offloading, again, parking, which would be out of character.

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