civus
Hearing video

ZBA Hearing - March 23, 2022

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

so the City Planning Commission recommends that the Board grant the dimensional variance.

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Thank you.

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MI 2021-005303, 802 North Banbury Street, I vote yes.

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Harold Tenere, my vote is yes.

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Thomas Holloman, my vote is yes.

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James Snell, my vote is yes.

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ishmael shaheed my vote is yes

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congratulations to you and and good luck in may

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mi 2021-003-757-897 north 45th street

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mr knockamson

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rco letter in support

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Chair, Mr. Nockleson is coming back in as a panelist now.

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Mr. Nockleson, state your name and spell for the court reporter, please.

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Good afternoon, Mr. Chair, members of the board.

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Allen, A-L-A-N, last name Occamson, N-O-C-H-U-M-S-O-N, 123 South Broad Street, Suite 1600, Philadelphia

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PA, 19109.

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

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I do.

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Could you identify your client in a relationship to the property?

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Yes, my client or clients are IRA Development, LLC, and MCOS Enterprises, LLC, the joint owners of the property.

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Our vice chair has a few questions for you.

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Hi, Mr. Notkinson. Do you agree to waive the reading of the refusal and stipulate to its accuracy?

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I do.

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Based on my notes, I see that you've sent in all the required documents timely. Is that correct?

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I have sent all the documents to the ZBA. Okay, you may proceed and share your screen.

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All right, thank you very much. Thank you.

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I assume everyone can see my screen here. I'm just going to go in full screen mode.

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all right all right so i'm here to present 897 north 45th street it's a property located in west

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philadelphia in my presentation packet you'll see the notice of refusal letter of support from the

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people's emergency center community development corporation i also spoke earlier today with

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Andrew Goodman, the district council member, zoning aid. I don't know if Mr. Goodman's on,

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but he indicated to me that their office was also in non-opposition to this project,

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so I will make that representation as an officer of the court if Mr. Goodman's not here today

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at this moment. We have maps of the area, photographs of the property, plans and drawings,

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proof that we had a community meeting by way of a meeting notice, and proof of mailing of that

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notice to the affected properties. Our deed to the property showing that IRA Development

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LLC and MCOS Enterprises LLC are the owners of the property. And our certificate of tax

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clearance. Online today, I have the corporate representative of the owner, Ifeann I-Chu

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Mr. Koo Eze, Mr. Eze will be adopting my testimony.

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All right, so this is a CMX2 property.

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All right. So this is a CMX2 property. All we're looking to do is make it a single family structure. And you'll see from the drawings, excuse me, the photographs of the previous structure that's there. All we're trying to do is right now is a vacant lot is to build the structure where a single family home was there.

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All we're looking at

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If you look at the surrounding area, left and right of us, they're single-family structures, even though they're CMX2.

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The reason why we're asking for CMX2 is an undue hardship.

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This lot is only approximately 600 square feet.

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We cannot meet the code requirements of CMX2 based on the size of our lot.

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Our only refusal is for the use, and there are no dimensional variances.

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excuse me counselor can you show some pictures oh yes yes so i have uh the the letter of support

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uh from the uh coordinating rco uh it was unanimously supported by the community and

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again as i indicated mr goodman stated to me that the district council member uh is in uh

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non-opposition just maps of the area again i'll just you know go over to the photographs of the

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property. So this is what the property looks like now. It's a vacant lot. We're in between

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two, three-story structures. This is the property to the right of the property. This is the right

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of the property on North 45th to the left of the property on North 45th. And then this is from

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Google Maps. So in October of 2014, when there was a building structure there, it was a three-story

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single-family structure. And then, you know, this property is owned by an entity that

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is owned by Kumas Homes, one of the larger single-family home builders in the Philadelphia

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area. So, they're known for building quality product, to emulate, you know, the traditional

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brick facade, and to have high-end finishes, such as what I'm showing as examples.

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and then just our plans and drawings like i said you know we're going to have you know a three-story

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structure roof deck uh single family living uh this is you know you walk through uh an open

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floor plan you have a living room in the kitchen you have a lower level uh portion of the property

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you go up flight of steps uh you have one bedroom uh with a bathroom and then really a second

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bedroom uh with a bathroom which is the master plus a roof deck up top again no dimensional

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variances here merely just trying to do a single family home that was what was there previously

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before the building was torn down that's what's still left and to the right of us on north 45th

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street and then just you know proof of our notice that we sent to the community we met on february

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24th 2022 at 5 p.m there are 133 addresses that were notified of our community meeting

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these are listed by the addresses

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this is our proof of mailing to those addresses our application to for appeal to the zba

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along with our project information form and notice of refusal

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our deed to the property, showing that IRA Development and MKOS Enterprises LLC are the

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owners of the property, and our Certificate of Tax Clearance, showing that my client owes

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no funds to the city of Philadelphia with respect to this property.

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With that being said, I would ask that Mr. Eze virtually raise his hand so he could doubt

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my testimony and then we would take any questions that the board may have regarding this project

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could you state your name and spell for the court reporter please

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do you hear me now yes could you state your name is spelled for the court reporter

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Yes, it's Ifani Chukwueze, spelled I-F-E-A-N-Y-I-C-H-U-K-W-U, last name E-Z-E.

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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, sir.

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Yes.

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Mr. Eze, you heard everything I stated today.

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Yes.

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And is it true and correct?

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Correct.

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and do you adopt it as your own testimony i do thank you questions from the board no mr chairman

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questions or comments from the virtual audience

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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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Mr. Chairman, members of the board gave effect to a city planning commission.

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The applicant has shown that the inclusion of a commercial first floor would not be feasible given the property's location, lot size, and character of the block.

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So the city planning commission recommends that the board grant the use of variance.

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Thank you.

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MI 2021-003-757-897-North 45th Street.

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I vote yes.

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Carol Tannery, my vote is yes.

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Thomas Holliman, my vote is yes.

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James Snell, my vote is yes.

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Ishmael Shaheed, my vote is yes.

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Thank you.

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Thank you.

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Is there anyone in the audience that their case from the 2 o'clock listings was not called?

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I see no hands at this time, Chair.

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We're going to go right into the 3.30 list.

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My name is Bill Bergman, and I will be chairing this EBA hearing.

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With me is Carol Tenere, our vice chair.

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Present.

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Ismail Shahid, our board secretary.

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Present, Mr. Chair.

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Thomas Holliman, our board member.

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Present, Mr. Chairman.

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James Snell, our board member.

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Present, Mr. Chairman.

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Executive Director Tanya Sunkett is here, along with our attorney, Rebecca Cole.

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Before we begin, here's our virtual format.

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Be advised the proceedings are being recorded.

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By participating, you acknowledge your agreement to be recorded.

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A video will be available by contacting our Executive Director, TanyaSunkett at phil.gov.

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For the benefit of our court stenographer, we ask attorneys and witnesses to identify themselves before testifying.

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If you are participating by phone, if you wish to testify, press star 9 to raise your hand and star 6 to unmute.

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To enter an appearance statement, call 267-270-5548.

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Leave your email and the address of the property in question.

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Fourth, please note the question and answer box on the screen is not for testimony or comments.

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Any comments have to be directed to our executive director, Tanya Sunkett.

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Let me now look at continuances on the 330 list.

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Number two, MI 2021-004-758.

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And number five, MI 2021-004-659-1216 East Lehigh Avenue. Anyone in the audience

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has questions or comments about these two continuances?

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Chair, oh, the hand just went down. There's no hands, Chair.

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Okay, thank you. Both cases are continued.

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I'm sorry, Chair, could you repeat what numbers were continued?

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Number two, MI 2021-004-758-136 West Sharpnack Street.

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And number five, MI 2021-004-559-2126 East Lehigh Avenue.

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Thank you kindly, Chair.

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Number one, MI 2021-004-660-1233 East Luzerne Street.

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We do not have any exhibits at this point, and it's the first listing.

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Juan Gomez.

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I see no hands, Chair.

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That case is continued.

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Must be tried.

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Oh.

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MI 2021-004-661-1438 North 17th Street. RCO letter of non-opposition with proviso,

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no roof deck, Mr. Richard DeMarco. Mr. DeMarco is coming back in as a panelist.

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hello good afternoon just spell your name or state your name for the court reporter

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richard demarco d-m-a-r-c-o could you identify your client and the relationship to the property

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yes my client is uh ling gang otherwise known as michelle quang who is the owner okay our

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vice chair has a few questions. Hi, Mr. DeMarco. Do you agree to wait the reading of the refusal

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and stipulate to its accuracy? Yes. Based on our notes, it does appear that you've submitted all

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the required documents timely. Is that correct? Yes. Okay, you may proceed and please share your

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is that correct yes okay you may proceed and please share your screen thank you thank you

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screen.

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so the refusal uh so we're here for two this is a permitted use members of the board and

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mr chairman um we're proposing a multi-family dwelling in the rm1 um we did have a rco meeting

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coordinated by mary jones the councilman's office there was non-opposition

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We're dealing with two dimensional variances, and I can explain as to why there's a clear hardship posed by those requirements.

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One of them is a side yard requirement of 12 feet, which I had to check on that twice because I thought it was a mistake, but it is not.

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It's because we do have a side alley, a side yard, the side yard requirement is triggered and it's 12 feet in the RM1.

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But the problem there, Mr. Chairman and members of the board, is the property is only 23 feet wide.

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So if you were to apply a 12-foot wide side yard, you would be unable to construct a structure that would be livable.

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because you would need, you'd have 11 feet for your house. The other refusal is for required

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parking, which is caused by an overlay. Because as most of us all know, in the RM1 classification,

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a front-loaded curb cut is prohibited. So it causes a conflict in the code. We have no rear

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access. The rear yard, the rear of the property is along other properties. We're landlocked,

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So we cannot provide rear access parking.

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So to provide that parking would cause a refusal and would be prohibited anyway.

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And also, there is no room on the property.

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I'll show you the plans in a moment to provide a parking space.

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This is the floor plan.

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We have no basement bedrooms.

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There is a split level unit in the rear, but it has walkout access at the first floor into the side yard.

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This is the side alleyway that we are proposing.

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We are required to have access and egress for tenants from the rear yard in the event of an emergency.

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That's what the three-foot side yard is for.

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I'll show you the floor plan and the elevation.

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I'll blow it up a little bit so you can see it a little better.

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This is the three-foot alleyway, which generated that 12-foot refusal.

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As you can see, if we complied with a 12-foot, we'd basically have half a house.

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Again, there's no room for the parking.

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This is the old property that's since been demolished.

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It was a nuisance property, as you can tell.

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It was deteriorating, but you can see here, there already was about a three-foot side yard for this property.

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We're just maintaining that, what was the existing condition prior.

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other photos let me collapse this you see there was some issues with this property it was

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very poor condition my client inherited it demolished it i'll show you current conditions

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and that's current conditions so let me ask michelle uh huang to uh show her hand raise

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her hand virtually and i'll ask her to um adopt my statements

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

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Good afternoon. My name is Michelle Huang, M-I-C-H-E-L-L-E, last name H-U-A-N-G.

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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, I do.

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Proceed.

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Michelle, did you hear my statements and facts, factual statements, and are they true and accurate, and can you adopt them as your testimony in this matter?

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Yes.

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And is it correct that there is no room to be able to provide dedicated parking on this property that's only 23 feet wide?

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Yes.

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And is it correct that if you were to comply with a side yard of 12 feet, you would be unable to construct the structure on the property? It would only be 11 feet wide. Is that right?

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