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Hearing video

ZBA Hearing - October 21, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Oct 21, 20206h 33m

Maybe move forward while he gets his audio together.

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Can we jump over to number eight, I believe?

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Yeah, number four.

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I thought number four was...

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Oh, yeah, number four.

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I'm sorry, number four.

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Yeah, we received a letter of non-opposition.

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Okay.

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Go to number four, confessor, and then we'll...

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MI 2020-000378, 1613 South Broad Street.

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And the attorney is Gregory Helniak.

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Good morning, do you agree to waive the reading of its refusal and stipulate to its accuracy?

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Yes, we waive the reading of the refusal and stipulate to its accuracy, but I do want

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to note for the board, we did alert Ms. Saleta that after meeting with the RCO, the particular

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our nature of the relief being requested just related to the type of use has changed and that's

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included in our packet but we're going to request the board approve that as part of this it was

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discussed with the RCO so it's been subject to the full process. Also you saw in the firm to tell

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the truth the whole truth for nothing but the truth? I do. Have you emailed an exhibit packet

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with the required documents, proof of ownership, proof of tax compliance, copy of the refusal or

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referral, photos, and plans five days prior to this hearing? Yes, we have. Have you met with

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the RCO and have a letter? Yes, we do. Thank you. Please proceed. Please identify yourself for the

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record. Morning. Gregory R. Heleniak, H-E-L-E-N-I-A-K, Zarwin Baum, 2005 Market Street, 164

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Philadelphia, PA, 19103. Here on behalf of the owner of the property, 1613 South Broad Street,

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which is Lava Finance LLC. I believe also on this call will be with me today John Barasso,

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who's the member of Lava Finance, and our architect, Agata Reister.

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This property is located on the South Broad Street between Pasquer and Morris. It's a

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brownstone typical of this section of South Broad. Since 1944, the property has been used as both

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as a mixed-use property. Office on the first floor, residential above. About 1953, I received

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a variance to convert to maintain the office on the first floor and permit three dwelling

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multi-family units above. Since that time, the property has been in consistent use in that nature.

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Since that time, the property has been in consistent use in that nature.

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This particular proposal, the owner has initially proposed, as reflected in the refusal that

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is before the board, to convert the first floor and the basement area into two live-work

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artist studios. After meeting with the RCO in this matter, which is South Broad Street

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Neighborhood Association, the applicant adjusted the use to maintain the existing commercial

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space on the first floor, previously used as a doctor's office going forward as a professional

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office under the proviso agreed to with the RCO. And then the RCO has agreed to allow

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conversion of the basement unit into a dwelling unit which would take this

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building from a one commercial space three dwelling unit building into a one

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commercial space four dwelling unit building conversion of this of

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brownstones in this block are typical only eight single-family dwellings as

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permitted in this rsa 5 district uh remain on this block um and about a third of the

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the dwellings in the block are a mix of commercial and multi-family um if i could share my screen

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here for the board for your reference these are all included in our submission packet

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this is the property as it looks today these photos were taken last week

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this is 1613 south broad as you see a typical brownstone of this this block between tasker

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Morris. This is the previous refusal I was discussing, which we were asking for your

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permission to adjust before the board as approved by the RCO. This is a plan which is included.

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As you can see, the existing conditions are two units on the third floor, one unit on the second

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for uh existing commercial space on the on the first floor and the oh my apologies and this is the

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and post-seller conditions are a a

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basically a student one bedroom apartment which does have access to uh

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both out through the first floor through this circular staircase in the front and then direct

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access to the outside at the rear. To illustrate our discussion of the nature of this block,

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we put together this illustration based on the zoning archives and the OPA records.

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The properties here without color are the remaining properties on this block that remain

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single family in compliance with RSA 5. The remaining properties all along here are a mix

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of mixed use with both multi-family and single family above, multi-family the orange showing up

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to six seven units in these buildings and also non-residential a church full office buildings

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and a PGW office. So we believe this use as agreed to by the RCO reflects the character

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of the neighborhood in both nature and density. There are several other buildings on this

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block, like I said, about a third based on this schematic that are an office and then

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mixed use above so on the whole this fits with about 80 81 of the block in this area

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as i said before the this variance is is a modification based on the changed circumstances

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when the initial variance to permit mixed mixed use and multi-family back in 1953

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For this property, it was mostly a single-family, low-density block.

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In that time, you can see based on this illustration that the block has become much more dense,

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and we believe it's appropriate to permit the modification to add an existing multifamily dwelling unit on this block,

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as well as allow the use of the office as a professional office.

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as a professional office.

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I believe Mr.

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I believe Mr. Barrasso is on the call

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if I can have him step forward.

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John, if you're able to raise your hand,

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I believe Tanya will be able to recognize you.

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You can unmute yourself, John.

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I'll wait to be-

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Hi, can anyone hear me?

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Good morning.

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Would you please identify yourself with a record,

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spell your name. Good morning. This is John Barrasso, B-A-R-R-A-S-S-O.

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

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I do. Thank you. Please proceed. Good morning, John. You are the member of Lava Finance LLC,

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representing the owner of this building? Yes. And did you hear my testimony in full?

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i did and do you adopt that testimony as your own as true and accurate

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i do i have i have no further questions for uh mr barrasso but we're happy to take any questions

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from the board mr helenek um would you go back to the floor plan that shows the basement apartment

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sure if i can accurately scroll down to it mr chairman

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there you go it's this that and the rear the the entrance or the exit out to watt street that's a

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staircase that is a staircase yes all right just one let me and and south broad street did not

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object to the additional apartment correct correct i have the uh mr helniak this is aaron saletta

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would you be able to put the letter up on the screen so the board can see that provides us

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Got it now.

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You can enlarge that a little bit.

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Thank you.

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This is a letter from South Broad Street.

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They do support with this proviso.

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It is my understanding that the RCO did request us to maintain the commercial space, and that's

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why the adjustments were made from the initial refusal.

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And these are the provisos that are there supporting.

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The three existing dwelling units will remain as one dwelling unit on the second floor and two

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dwelling units on the third floor. New professional office, which was previously a doctor's office,

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will be located on the first floor and one new dwelling unit will be located in the basement

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level. And that the plans that we've included here today, which are dated June 18, 2020,

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are the agreed upon floor plan layouts for the entire three-story structure.

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thank you any questions from the board no no

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anyone else who would like to testify in this case if so please raise your hand

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no hands share thank you planning commission

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i'm sorry who's um announcing for the planning commission residential on the conference paula

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paula

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Mr. Chairman, while Paula works out her microphone, I just wanted to ask that our submission packet

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be incorporated into the record.

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oh david good morning yes sir um good morning david effecto f-e-c-t-e-a-u with the city planning

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commission swear and affirm to tell the truth the whole truth nothing but the truth yes sir i do

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thank you please proceed good morning mr chairman and members of the board

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while the city planning commission's district plan recommends multi-family at this location

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we feel that the addition of the two units will be that would be used for residential use

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and in a home office is an overuse of this property accordingly we recommend against these

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variances is it specific to the basement unit or just specific to the basement unit that's right

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i couldn't figure that one out myself all right thank you um this is sharon saleta can i ask that

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if you um approve this and rather than the language the lengthy

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um approve this and rather than the language the lengthy language suggested by the rco

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though you ordinarily would not um stamp floor plans that you approve it as approved approval

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limited to four dwelling units and one professional office located as per stamped floor plans now

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stamp the plans today um mr chairman i just i just wanted to point out based on um mr fecto's

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comments i believe that he is uh that rendering that position based on the refusal as opposed to

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the revised uh application we have before you today he mentioned the two other dwelling units

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As I mentioned, we're maintaining the existing office space and requesting that the additional dwelling unit in the basement be permitted.

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We believe that this is in line with the density that is present on this block.

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As I mentioned, there are other buildings with five, six, seven multifamily units that are no larger in size.

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And I do believe our architect is on this call and she could be able to add some testimony that reflects that this basement unit is raised up out of the ground and meets or exceeds all requirements for light and air,

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as well as having that rear entrance,

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which we believe is a unique feature of this property

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that allows direct access into the basement unit

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from the outside as opposed to just from the inside.

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Thank you.

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And the remapping of this,

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which was done as far back as 1989,

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which I'm personally familiar with,

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was to reduce that type of density

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because people felt that there were just too many apartments

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along South Broad Street.

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But that's the only question in the basement

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because the South Broad Street folks

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typically have been opposed to additional multifamily

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or additional units being added to existing properties here.

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Mr. Chairman?

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Mr. Chairman?

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Yes, Tom.

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I would like to ask the council a question about the architecture.

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Absolutely.

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On the basement unit, the second means of egress is circular stairs.

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Yes.

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Are you asking?

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They are circular stairs.

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It's an existing circular staircase in the building that currently runs from the commercial unit down to the basement level.

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And that staircase would be maintained.

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I have a picture.

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it's a fairly wide

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a fairly wide

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Circular stairs are not permitted

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for a second means of egress

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I would believe

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that if there are any issues

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with CO

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or

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with LNI

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those adjustments

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could be addressed

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they will flag it

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L&I will flag it we'll pursue a CO for the additional unit and you know any anything

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that L&I needs us to work out we will we will work that out with L&I or or if needed before

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the board of voting standards uh thank you um any other questions from the board

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no no all right um

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i'd like to recommend that we close the record on this and have a decision

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uh at next wednesday's executive session i'd like to have a little further conversation with the

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board so if that works if i can get my numbers up here uh mi-2020-000378 1613 south broad street

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the record is closed the board will render a decision at uh next wednesday next wednesday's

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executive session at 9 30 a.m. Thank you. Thank you, Mr. Chairman. Thank you. You got planning

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commission's input? Yes, we did. Yes. Thank you. Okay, next one up is MI 2020-000131-257 Lyceum

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Avenue. Von Patterson.

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Von Patterson, yep.

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Stephanie, you've been promoted to panelists. You can unmute yourself and wait to be sworn in.

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Stephanie, good morning. You sort of find to tell the truth, the whole truth, for nothing but the

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truth? Yes, I do. And do you agree to wait the reading of its refusal and stipulate to its

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accuracy? Yes, I do. Thank you. Also, have you emailed an exhibit packet with the required

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documents, proof of ownership, proof of tax compliance, copied the refusal or referral

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photos and plans five days prior to this hearing? Yes, they were submitted on the 14th of October.

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Thank you. Also, have you met with the RCO and have a letter? Yes, we do. Our letter is included

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in our packet at tab 10. Thank you. Please identify yourself. You may proceed. Thank you.

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My name is Stephanie Boggs from Claire Harrison, 1835 Market Street. Here on behalf of the applicant, I also have with me Damir Garcia, who's on the call, who's the project architect, Ronald Glenn, who is the civil engineer, and representatives for the applicant itself, Jacob Bash and Glenn Falso, who can answer any questions if we have them.

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So this is 257 Lyceum Street. It's located on the eastern side of Lyceum Avenue between Tower Street and Fleming Street. The property is currently vacant on a block occupied by single family homes, many that have off-street front access parking garages.

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It is in the RSA 5 zoning district and also within the steep slope protection area.

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This particular lot, along with many other lots on this block, are dominated by the streets

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steep slope conditions of the area.

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And because of that condition, the specific location of this block and its context in

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relationship to the other houses on the block, there's an unnecessary hardship that affects

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and prevents viable development of anything on this lot

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in keeping with strict compliance of the zoning code.

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So we are requesting Relief to be able to construct

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