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Hearing video

ZBA Hearing - November 3, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Nov 3, 20206h 16m

Belmont and some internal signs on the buildings which will again just identify what it is that's

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happening there. If you go to tab six that's probably the easiest way to understand what

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we're talking about. Tab six the first page there contains is it is it possible Tanya for you to put

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or do the board members have that exhibit?

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We do not have, we need it on the screen please,

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if you have it.

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I can share my screen if that's helpful.

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That would be helpful, thank you.

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Yeah, and I apologize, my computer went out

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about a half hour ago, so I'm not sure,

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I was not gonna be able to get it back up to share.

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May I be given rights to share my screen?

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Yes.

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Can you see the screen?

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yes okay bill just tell me what tab you want me to get to go to tab six yeah so keep going that

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way go keep going down um yeah these are just some photos of the property

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zoning notice okay keep going keep going i think you're almost there

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right there okay tab six all right now this first

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page and exhibit in tab 6. You see that we have, that's the property. If you can center that,

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Gary. You're better at this than I am, so it's a good thing my computer went out, I think.

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A little bit lower. The Belmont Ave is to the top. There are two entrances. One is to the north,

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to the left, to the south, to the right. There's an existing sign which is designated as E01

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at the upper left of the screen. That's an existing sign, which is a freestanding sign,

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which will be refaced. And we have some diagrams in the packet. N02 is a new sign which will go

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in the front of the building. N01 is the freestanding sign at the southern entrance coming

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in off of Belmont. Then to the left of the building, the first building, there you see

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N06. That's again another new building sign. Then if you go back behind that building on the other

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side we have E02 which is an existing directional sign essentially in the parking lot. Then we have

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NO4 again on the facade of the rear building and NO5 on the facade of the rear building.

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So if you go flip go down to the next

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this is just an aerial it shows

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the existing property, and you can see Inglis House. There's another Inglis House facility

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just to the north there on Belmont. So this is part of a campus. Okay, next. Go down, Gary.

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Okay, now this just shows the location. These diagrams show the locations on the building, but

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But what we'll do, since we've already gone through that site plan, this is the existing sign number one.

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This will be refaced to look like this.

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That's the freestanding sign out on Belmont.

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Okay, second is existing sign number two.

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That's the sign that's sort of in the landscape area at the top of the parking lot there as you're coming in off of Belmont.

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Again, that's to be refaced.

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Now, the rest of the signs are all new.

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This is an N01, you see up in the top upper left-hand corner, that's new sign number one.

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That's the new freestanding sign in the photo.

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And then to the right of the screen, you'll see the actual sign face that we're proposing.

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And again, it's primarily for the Innovation Center and to indicate the various programs

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which are happening in the Innovation Center, the Enhanced State Program.

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Mr. Kern?

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Yes.

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Apologize for the interruption.

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That's fine.

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Because we're up against a clock here.

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If you can summarize, do you know of anyone who, and I'll ask this question further on,

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if anyone who has objected to this, you have a letter of support from the RCO?

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Yeah, we have a letter of support.

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Everyone at the RCO meeting supported it.

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We have heard no objections.

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So that's the summary.

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All right.

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You can summarize that.

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And if you need to get your client on, we can, is that Mr. Karamick?

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That's Mr. Brownick.

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Yeah, the rest of the signs are all internal.

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So this was the key sign I wanted to get to.

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So Gary, you hear me, Gary?

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Yes, sir.

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You've heard my statements to the board over the last couple of minutes?

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Yes, sir.

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And they were all accurate?

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Absolutely.

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And you adopt them as your own testimony?

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I do.

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Okay, that's all.

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Thank you, thank you, Mr. Kerr.

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Questions for the board?

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No.

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No.

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Anyone like to testify in this case?

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If so, please raise your hand.

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We have no hands, Chair.

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Thank you.

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Planning Commission?

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Good afternoon, board.

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Peter Bernard for the Planning Commission.

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This property is indicated for multifamily residential on the comprehensive plan.

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We have no objection to the granting of the variance.

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Thank you.

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MI 2020-000330-2566 Belmont Avenue.

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My vote is yes.

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My vote is yes.

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My vote is yes.

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My vote is yes.

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Thank you, Mr. Kerr.

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Before you go, Confessor, just hold off a minute.

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Sonographer, do you need a break?

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We've got about six more cases.

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I have two minutes that's all I need. Take five. All right thank you. Okay we'll be

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I have two minutes. That's all I need.

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Take five.

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All right.

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reviewing in five minutes. Thank you. Thanks everyone. Thanks everyone. Thank you.

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Whenever you're ready.

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I'm ready. Okay number 10 on our list Wharton Street correct? Yep. MI 2020-0015

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4576-1730, Wharton Street.

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Chair, I have promoted attorney Meredith Ferlinger.

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Good afternoon.

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Good afternoon.

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Ah, there you go.

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Listen, I got a party with me today.

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got two of them today i do whammy all right hi guys hello all right um please identify yourself

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with the record you know spell your name and address and we'll proceed to swear meredith

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ferligerve delworth paxton uh 15 f-e-r-l-e-g-e-r 1500 market street suite 3500 e

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And do you swear to the firm to tell the truth, the whole truth, nothing but the truth?

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I sure do.

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Thank you.

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

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I do.

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Also, have you emailed an exhibit packet with the required document,

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proof of ownership, proof of tax compliance, copy of the refusal,

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or referral, photos and plans five days prior to this hearing?

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Yes, to all.

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Great.

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Also, have you met with the RCO and have a letter?

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We have two letters, in fact, yes.

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great thank you please proceed uh kalfani if you want to hit the raise

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hand button we can just get you sworn in now

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kalfani leslie

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cal if you can spell your name and address

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name kalfani leslie k-h-a-l-f-a-n-i last name leslie l-e-s-l-i-e and your address

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1834 pemberton street philadelphia pa19146 and you swear and affirm to tell the truth the whole

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truth nothing but the truth you thank you please proceed thank you good afternoon mr chairman

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members of the board. Again, my name is Meredith Ferliger of the law firm Dilworth Paxson.

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I am here today on behalf of Pelican Point Investments, the owner of the property that

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is represented here today by Kalfani Leslie. Now this request is going to come as deja vu

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to the board and for good reason. The property before the board today is 1730 Wharton Street,

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which is the former Friendship Baptist Church at the intersection of Wharton Street and South

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18th Street and East Point Brees. Now as is reflected in tab 6, which I put up on the screen,

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the property was just before the board in March of 2019, where you did approve the conversion of

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this church into 10 residential dwelling units. As you may recall, this is a historic building that

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is on the local Philadelphia Register. The original proposal met with overwhelming support from the

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community. And that letter of support is shown in the original letter of support at tab two here.

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The proposed revision that we're bringing before you today also received support.

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Now, just this past March of 2020, my client, Cal Fani, and his entity, Pelican Point Investments,

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purchased the property. Cal and his team immediately began the process of working

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with the Historic Commission on the exterior renovations. Now as they started vetting the

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previous approved plans, they noticed something peculiar that I'll explain further in a few

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moments. Now as a result of this discovery, we're before the board today to ask for four more

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additional units on top of the original 10 that you previously approved. This will be for a total

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of 14 residential units that are intended for condominium sale. You previously had approved 10.

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Now with respect to the application, we did receive one refusal.

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As it was when the board first saw this proposal, the property remains zoned RSA 5.

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Accordingly, the underlying obvious hardship to converting the property to single-family use

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remains. However, the main concern before the board today is not necessarily the multifaceted

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However, the main concern before the board today is not necessarily the multifamily use, which was previously approved, but the reason for the additional four units.

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I'll first refer you to some photos of the interior so you can get an understanding of the magnitude of the size of this nearly 10,000 square foot structure.

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So I'll scroll through these relatively fast. So this is how it was when it was originally sold.

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And now that construction has begun on the interior based on the prior approval, you'll see

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just how large this structure is. Now please take note of the shape of the roof as I now refer you

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to a section that was prepared during the original approval. Now here was the peculiar

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discovery that was made. As you can see, the way this project was originally approved,

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the second floor units here would have had at a minimum 19-foot ceilings at some points.

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On the mezzanine level, the ceiling heights are over 20 feet high. Now Cal had his engineers

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assessed this design and they were understandably concerned that if they are to close off that space

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to make the ceiling heights a little bit more reasonable and rational that it would then leave

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a significant void in the upper part of the historic structure. Now not only is this an

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inefficient use of this unique space but this would may also lead to significant

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maintenance challenges that will ultimately impose a burden on the eventual condominium

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association that will be tasked with maintaining these common areas. Any unoccupied space in a

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historic structure can pose a risk to the integrity of the building. Instead, as you can see at tab

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4, this empty space is so large that it can accommodate a full third floor and four additional

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units. The units are comparable in size to the previously approved units, which range in size

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from 670 square feet to 1,410 square feet. The new units are bi-level and are also between 890

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square feet and 1,150 square feet. You can see that even with this design, the ceiling heights

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are still high and will result in very unique living for the eventual owners. We do submit

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this as the least minimum variance as still no dimensional variances are necessary. The number

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of units here is carefully crafted to ensure the maximum use of this space and to ensure the

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preservation of the historic structure by mitigating unused, unmonitored, empty space.

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Now, by way of comparison, if the property had been zoned RM1, it would have allowed for 12

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units by right. So the 14 units that we are proposing is not a significant deviation from

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that theoretical by right figure. We submit, of course, this will not increase local congestion.

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the board did previously approve this structure for multifamily use, and the additional four

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units will not impose significant added burden. Will not impair light and air or negatively

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impact surrounding properties. This is a historic structure. No changes are proposed to the exterior

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envelope that has existed for over a century. The building sits among primarily residential

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uses, and this use will closely align to the character of the surrounding neighborhood.

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we submit the variance complies in full with the provisions of section 1430380 of the code

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as is further detailed in my memorandum of law submitted at tab 11 now with respect to the

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community as i previously mentioned we met again with east point breeze neighbors they again

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supported the additional four units here and are thrilled that the new owner is continuing with the

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uh renovation reuse plan of this building uh cal have you heard all of my testimony here today

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yes and would you agree that testimony is true and accurate and would you adopt it as if it were

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your own yes i would mr chairman and board if you have any questions we'd be happy to answer them

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uh questions from the board no no

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anyone else prepare to testify in this case if so please raise your hand

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no hands thank you planning commission

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good afternoon board peter bernard for the planning commission

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Good afternoon, Board. Peter Bernard for the Planning Commission.

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This property is indicated for single-family residential in the comprehensive plan. However,

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the proposal is for an adaptive reuse of an existing building that would help maintain

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the existing character and scale of the neighborhood. We do not feel the proposal will have negative

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impacts on the surrounding community. Accordingly, we have no objection to the granting of the

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