civus
Hearing video

ZBA Hearing - March 23, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Mar 23, 20224h 14m

And this would offer informal takeout and sit down bites for individuals in the neighborhood

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that whether they are they're kosher or not, who like traditionally Jewish food.

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So this is a rendering of what the space might look like before moving.

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And just keep in mind, we are not before you requesting these on awnings and signs today.

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that would be handled under a separate application with L&I, but otherwise this is how we envision

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this looking, and there's that cafe I mentioned, and here would be the chapel, and again on the

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upper floor is, third floor is like a partial third floor, there would be the nursery school

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preschool. So we do have community support. Just to sort of break this out a little bit,

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I'm going to read into the record the summary paragraph here. So it says that the RCO overwhelmingly

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supports the variances for daycare, which is actually child care center use on the application,

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and religious assembly. However, there are significant unresolved issues concerning the

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requested variance for the roof deck. Optimally, the RCO supports approval of the use variances

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and parking variance with the proviso that the applicant withdraw the variance for the roof deck

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until such time as consensus can be reached within the community. So what I'm going to propose to you

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today is that you approve our application with the proviso for no roof deck. It's not really

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possible to withdraw, you know, parts of our application and not others, but by placing a

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proviso on the application that says no roof deck, I believe will meet the RCO's request.

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And to show you our zoning plan, there are some elevations and a traditional site plan on the

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first page. On the second page is a key plan that breaks down the different uses within the space.

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There is, as I mentioned, the chapel for religious assembly. This is the orange area

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would be the kosher cafe that I mentioned. Second floor is all child care. Third floor is

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child care as well. And I can come back to that as needed. I have the architect online here who

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drew these plans. If you have any questions for him. I also have the rabbi of the congregation,

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Rabbi Hershey Sputz, who will adopt my testimony. And you can also ask him any questions you'd like.

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just to quickly run through the refusal. So interesting property, just to go back really

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quickly to the zoning map, keep in mind that about 75% of the land area of the property is CMX1

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and 25% is RSA5. So under the new guidelines, I believe were adopted last year.

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The new guidelines, I believe, were adopted last year, early last year for split zone properties.

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This is governed by the RSA five rules, even though it's mostly covered by CMX one. So

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accordingly, religious assembly is prohibited on this property. That would be by right if this

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was CMX one. Childcare center use is prohibited on this property. That would be permitted by

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special exception if this was cmx one um the roof deck is a non-issue as we're asking you to um

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essentially uh prohibit us from doing a roof deck um and then there is uh there are two refusals

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for the lack of parking so just looking at the building again real quickly it is simply not

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feasible to provide parking because this is a structure that occupies 100 of the lot area and

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we would have to demolish part of it, which we'd rather not do. We believe that constitutes a

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hardship. I am really hoping that the community support will carry the day here, but for the

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record, I do have to say to preserve the issue in the unfortunate event that this would wind up in

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court somehow, that we believe that the fact that the RSA 5 designation controls the property and

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prohibits religious assembly and the associated childcare use, despite the fact that most of the

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property is zoned CMX1, is arbitrary and capricious and essentially is a restriction without rationale

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that the code imposes over a use that has some constitutional protection. So we take issue with

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that. And that would be something we would press only if we did not get the variances today off

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the support we have in other ways here. So that's my presentation. I'm hoping that somebody from

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Fairmount Civic Association and perhaps Mary Jones from the council president's office are

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in the audience. But I'm happy to take any questions. Brandon, why don't you do the rabbi

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first to adopt our testimony absolutely um so uh rabbi hershey sputs is his name

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rabbi could you state your name and spelled for the court reporter

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tour thank you uh my legal name is sweet t as in tom z as in zebra v as in victor i as in igloo

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last name sputs s as in sam p as in peter u t as in tom z as in zebra right do you swear or

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affirm to tell the truth. The whole truth is nothing but the truth. I affirm. Thank you. Go

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ahead, Brandon. Hi, Rabbi. Did you hear my testimony in this case today? Yes. And is it true

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and accurate to the best of your knowledge? Yes. Thank you. And would you adopt it as your own

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therefore? Yes. Okay. Just stick around in case the board or others have questions for you.

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questions from the board no mr chairman no mr chairman questions or comments from the virtual

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audience we have mary jones from the councilman's office miss jones you can unmute yourself and wait

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for the chair jones could you state your name and spell it for the court reporter

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excuse me yes uh mary jones uh from council president daryl clark's office city hall room

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494 right you swear affirm to tell the truth the whole truth and nothing but the truth

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i do proceed please uh yes based on um communication from the uh coordinating rco

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as well as at their special request,

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the council president does not have

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any opposition to this project.

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Thank you very much for calling in, Ms. Jones.

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Anyone else in the virtual audience?

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Chair, we have Teresa Holberg.

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Ms. Holberg, you can unmute yourself

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and wait for the chair.

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Ms. Holberg, could you state your name

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and spell it for the court reporter?

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It's Teresa Holberg,

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spelled h-o-b as in boy e-r-g as in girl right you swear for him to tell tell the truth the

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whole truth and nothing but the truth i do could you spell your first name please

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teresa sorry it's spelled t-e-r-e-s-a thank you proceed i am a director and a zoning co-chair

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of the fairmount civic association and i prepared the letter of support for this property and i just

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want to reiterate that there is widespread and really overwhelming support for these

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use variances. The only issue that we did have was the roof deck, and since that's been withdrawn,

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The only issue that we did have was the roof deck, and since that's been withdrawn, there really aren't any issues with this proposal.

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Thank you very much for calling in.

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Anyone else in the virtual audience?

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Chair, we have Elizabeth McGorn.

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Ms. McGorn, you can unmute yourself and wait for the chair.

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Could you state your name and spell for the court reporter?

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Elizabeth McGurn, M-C-G-O-U-R-N.

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Right.

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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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Yes.

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Proceed.

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I'd like to ask where the drop-off for the children is going to be.

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Sure.

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I'm sorry.

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You can continue.

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It's just that you're not here to ask questions.

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Please remember that.

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Just give testimony.

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Okay.

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I'm concerned.

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My testimony is I live on Krosky Street.

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There is a fire door there.

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that is only supposed to be opened in the event of a fire,

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and I'm concerned that there's going to be a lineup

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of people dropping their children off in the morning.

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Thank you very much for calling in.

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We'll get to that point before they leave.

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Anyone else in the virtual audience?

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Chair, we have Claudia Siegel.

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Ms. Siegel, you can unmute yourself or wait for the chair.

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Hi, could you state your name and spell it for the court reporter?

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Claudia Siegel, C-L-A-U-D-I-A-S-I-E-G-E-L.

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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.

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Proceed.

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I just want to express my support for all the FCA recommendations concerning the property at 741 North 23rd.

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I am unequivocally opposed, and this is also in concert with the FCA.

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unequivocally opposed to any roof deck on the property. Okay. Okay. Is there anyone else in

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the virtual audience? I see no other hands at this time, Chair. Brandon, do you want to respond to

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anything before I give to the planning? Sure. So as I believe I mentioned earlier, we consider

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Kroski Street to be sort of the third frontage here. There is no plan to use that as a primary

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entrance. Aspen and 23rd are the primary frontages, and we will be applying to the

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parking authority to create a loading zone on Aspen Street that will be, hopefully,

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if granted to us, operable during business hours. Thank you very much. Planning Commission.

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Thank you, Mr. Chairman. David Fecto, City Planning Commission. Mr. Chairman, members of the board,

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comprehensive plan recommends no change to the commercial and residential mixed use zoning at

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this location. A daycare and religious assembly would be allowed if the proposal were entirely

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on a CMX1 zoned lot. And we believe that child care is an activity that a reasonable person would

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expect to be a companion use to a religious assembly. So the City Planning Commission

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recommends that the Board grant these variances and we're going to throw in with the Civic and

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request no roof deck. MI 2021 005321 740 North 23rd Street I vote yes proviso no roof deck.

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Carol Tenere my vote is yes proviso. Thomas Holloman my vote is yes with proviso.

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James Snell yes we're proviso

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Ishmael Shaheed yes we're proviso

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thank you okay MI 2021 005 303 802 North Banbury Street

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do not see an RCO letter yet there may be one that came in

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Gavin and Kristen Archidicano sorry if I didn't pronounce it right

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They're coming back in as a panelist now, Chair.

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Okay.

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Could you state your name and spell for the court reporter?

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Hi, could you state your name and spell for the court reporter?

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oh yes sorry i had to hop off that's okay state your name and spell for the court reporter please

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gavin archidiacono g-a-v-i-n-a-r-c-i-d-i-a-c-o-n-o right do you swear or affirm to tell

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the truth, the whole truth, and nothing but the truth? Yes. Okay. Our vice chair has a few

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um our vice chair has a few questions hi good afternoon do you um i assume that you've submitted

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questions.

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all the required documents is that correct that's correct okay you may proceed and can you share

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your screen with us thank you okay good afternoon chairman and board um my name is gavin archer

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Iacono, and my wife is Kristen. We are, this is our home, 802 North Banbury Street. Our architect,

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Jan Kang, is on as well as a participant. I will be going through the refusal, the exhibits,

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our community meeting, pictures, and floor plan. This is our refusal. The reason we're doing this

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is we're expanding our family. We have a daughter coming in May, and we have 960 square feet in our

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current home. We're adding an addition onto the third floor. The refusal is for an eight-foot

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setback on the front of the house. This eight-foot setback would prohibit us from adding two bedrooms

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onto the third floor for our expanding family and our expanding family moving forward.

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The exhibits, these are the pictures of the zoning notice in the window. This is March 14th.

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This is our tax clearance. This is the letter of authorization from my wife and I as owners. This is the deed to our home, our project information form.

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The RCO meeting, these are the certified letters that we sent out to our 210 neighbors for the RCO meeting.

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In preparation for the RCO meeting, I went around to all of our neighbors on our block. There was not a single person that I spoke to who was in opposition. We have a petition that I got signed by 45 of my neighbors. We are the 800 block of Banbury, as you can see here. And these are all of our neighbors, a bunch of our neighbors that signed. So we felt the overwhelming support.

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This is a letter from Teresa, the co-chairman of the Fairmont Civic Association and head of zoning.

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She is also on the call, as you heard before.

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These are the neighbors that are in close proximity, 14 support, zero opposed.

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And there's Teresa.

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it. Just to get into some of the meat of it, this is our home right here, and there are

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a bunch of houses on our block with third floors built to the end. So, it's not like we'd be the

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only one built to the end here. Directly across the street, there's one and these, and I'll show

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pictures. So, this is our home right here, and then directly across the street is this third

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floor built to the end if you take a look at this on the right here and actually all of these

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pictures you can see that these two trees provide a ton of shade for our street so us having a third

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floor built to the end really won't affect uh the the shade uh or the the sunlight that's provided

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because of these these huge trees uh and this seems to be the sunniest day of the year here

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as you can see this is me standing in front of our house right off the stoop facing northbound

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you can see there's a third floor built to the end here third floor built to the end here third

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floor built to the end here and then I moved up and I took another picture I'm standing right here

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now and this is where that picture is so this third floor built to the end is this house right

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here. Uh, and then, and then you have these two houses, which you can see I turned right for this

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picture. That's actually the corner of this house. So these two houses are built to the end as well.

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And then these last two. So we have a ton of houses on our block that are built to the end.

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Um, and so uniformity, um, and you can see the style of these houses and you'll see in the plans

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in a minute the style of these houses is very in conjunction with how we planned our home

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and these are the plans so I'll go through the plans now we have the basement and then the first

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floor here existing the second floor here existing with a very small bedroom on the back

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then this is what we're looking to add this is a nursery for our daughter due in May

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And then up here is another bedroom and a bathroom and then the roof.

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Okay.

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And then this is our home, and then this is what we're looking to add on the front.

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So you can see it's very similar to the houses that are in Fairmount and the ones that are on our block.

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And what we're asking for is to be able to build to the end so that we can add that extra bedroom for our family moving forward.

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and if anyone has any questions available.

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Sure.

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Questions from the board?

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No, Mr. Chairman.

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No, Mr. Chairman.

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No, Mr. Chairman, Mr. Chairman.

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All right.

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Questions or comments from the virtual audience?

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I see no hands at this time, Chair.

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Planning Commission?

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Thank you, Mr. Chairman.

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David Fecto, City Planning Commission.

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Mr. Chairman, members of the board,

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The Comprehensive Plan recommends no change to the residential single-family zoning at this location.

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Granting the variance will not impair the use of adjacent properties,

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