civus
Hearing video

ZBA Hearing - July 10, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Jul 10, 20246h 23m

Mr. Everett, could you please state your name?

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Yeah. Could you come back to me at the end since I'm on the zoning committee for our CEO?

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I can. I can. Next hand, please. Next hand.

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Gerald Grupp.

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

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There you go.

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Do we see that hand?

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Give me one second.

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Sure.

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He put his hand down.

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Okay, good. Next hand.

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Mark Harris.

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Hi, Mr. Harris, could you please state your name and spell for the stenographer?

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my name is mark harris m-a-r-k-h-a-r-i-s i affirm hold on one minute um do you swear or

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affirm to tell the truth the whole truth nothing but the truth i affirm mr harris are you a neighbor

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i am not okay uh mr harris are you for this project or against it i'm against it okay so

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mr harris you're not a neighbor but we've had quite a bit of testimony from the prior person

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Is there anything different you could offer?

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A little bit, yes.

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And I'll state it very briefly.

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It's commendable that the developer here wants to provide supposedly housing for restaurant workers.

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But at this price point, it doesn't seem to be something that they could afford.

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And from what I'm hearing, there doesn't seem to be any certainty that this will actually happen.

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And it seems like they may just be using this as an excuse to get what they want.

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But in actuality, it may just be rented out on the open market to anybody.

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Thank you.

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Thank you.

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Could we have the RCO person?

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Sure.

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There's another hand up.

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I take the other hand.

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Ann Marie Gibbons.

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Hi, Ms. Gibbons.

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Could you please state your name and spell for the core sonographer?

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Sure.

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A-N-N-E hyphen M-A-R-I-E.

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last name gibbons g-i-b-b-o-n-s you swear or affirm to tell the truth the whole truth

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nothing but the truth yes i do are you a neighbor i am a neighbor yes okay so um miss gibbons we

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you heard the testimony we've had we was pretty lengthy testimony are you for this project or

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against oh i'm against and is there anything different you could offer them what we've

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already heard yes all right first of all the median household income in fishtown is 284 000

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not 900 000 like the attorney said well now okay all right go proceed all right commercial trash

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pickup is no good we have commercial trash pickup across the street and the trash sits out three or

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four days a week and it affects we can't keep our doors open because of the smell thank you another

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thing is parking three more units means six more cars even though the attorney likes to say oh no

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these people drop these people don't drive they ride bikes or take septic no that's not true we

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are over parked now as the addition that he that they filed that they're allowed to build if you

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grant this they will build that addition and that addition then is going to impinge on our light

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and our air over all of our yards over all of our yards they most likely will not build that

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that addition because it might not be cost effective if you don't if you don't approve it

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they probably will not um it changes the fabric of the block

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again we've we've had testimony about that already about the number of homes that are all

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so i appreciate that and the addition that will incur if this is approved we'll add to

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basically an urban desert where our yards will now be plunged into shadow most of the day

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without any cross breeze all right and that's really well well thank you for taking the time

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to call us we appreciate it could you please put the rco one um chair gerald grubb has his hand

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back up okay he's allowed to speak hi sir could you please state your name and spell for the

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court stenographer i apologize for not no that's okay my name is gerald grub j-e-r-o-l-d my last

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name is grub g-r-u double p as in peter i wanted to swear hold on hold on do you swear or firm to

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tell the truth the whole truth and nothing but the truth i do are you in favor of this project

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or against i am opposed i wanted to thank you for acknowledging my letter from june 22nd right um

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from june 22nd right um and i wanted to make myself available to answer any questions based

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and i wanted to make myself available

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level.

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on what i had written in a letter regarding the number of units immediately i saw the number of

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units and i saw the the parking issue um we appreciate very much your your time you spent

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with this and thank you very much very good thank you okay is that our and can we now have the rco

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yes chair that rco i'm sorry that was robert everett

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Yes. Okay. His hand is back up. Okay. Hi, Mr. Everett.

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Hi, Mr. Everett.

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Robert Everett, you're allowed to speak now. He just muted back.

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Okay. Hi, Mr. Everett. Hi, Mr. Everett. Could you just state your name for the record and spell it, please?

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Certainly. Good afternoon. First name is Robert. Last name Everett, E-V-E-R-E-T-T.

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Do you swear or affirm to tell the truth, told truth, nothing but the truth?

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Yes.

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Mr. Everett, you're with the RCO.

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I am indeed. I am on the zoning committee.

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Please proceed, sir.

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I just want to confirm that Mr. Nackamson's description of the meeting was correct.

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and back up the immediate neighbors who testified here this afternoon with their concerns.

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And just to the point regarding Mr. Gruff's letter,

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there does seem to be an issue with the way the city sends out the notifications for addresses

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that if there's a large apartment or condo complex, they only list one address,

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and there probably should be one for each individual unit.

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But that's something that I guess property linking to that page will have to address.

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Yes. Okay. Mr. Everett, thank you for the time, and we appreciate you calling. Mr. Nockamson, do you want to respond to the different people who've testified? You're muted, Mr. Nockamson.

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yeah i started uh with mr gruff's letter i'm at a disadvantage don't know what the letter is about

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so i can't really respond to that but i just want to clean up a couple things and or clarify a

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couple things um i didn't say that the property be limited to employees of of like say fabrica

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it's just you know in general we have a nice driving commercial quarter in fishtown and many

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of those people who work there, including managers who could afford some of these rates

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just on their own, can't find housing.

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So I think that's an issue.

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I didn't say that the average income was $950,000.

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I think that was, if I did, I apologize.

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But I thought I said that the average house price for sale is $950,000.

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In terms of the commercial trash pickup, typically, we hear from communities that they don't want the landlords of multifamily structures to rely solely on the city of Philadelphia trash pickup.

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That's why where we can, I encourage my clients to have commercial trash pickup as a proviso for multifamily structures.

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If the community feels disinclined to have a proviso for commercial trash pickup, I leave it to them. I just put that as an option.

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And I think the final matter is just a lot of the issues that we're hearing from the community have to do potentially with the addition, which is not the subject of this zoning matter.

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That was a by-right Sony permit that we received.

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And whether it's single family or multifamily, I think my client will avail themselves of that.

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But I just wanted to bring that up, too.

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We talked about that before the meeting today.

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Yeah, thank you so much.

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I appreciate your time.

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Planning Commission.

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Thank you, Chair Berkman.

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And good afternoon, David Vecta with the City Planning Commission.

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The Chairman and Board Members, the Comprehensive Plan recommends no change to the RSA-5 residential single-family zoning at this location.

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The City changed the zoning maps in Fishtown in 2015 in a community-supported map change.

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At that time, the zoning on this side of Eyre Street was left unchanged.

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There is no unique physical condition or circumstance of this property that would prevent it from being used in conformance with the zoning code.

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The City Planning Commission recommends the board deny the proposed use variance for three dwelling units.

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Thank you.

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Brian, can we make sure that Mr. Knocklemson receives a copy of the letter that we're talking about?

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Yes.

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Thank you.

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So MI 2024, 002-035-1613 East Air Street, I vote no.

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Michael Johns, I vote no.

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michael johns i vote no ishmael shaheed my vote is no

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Thank you.

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senator graham my vote is no tyowin my vote is no

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james snell my vote is no

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mr knockamson is jared going to handle the next case

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jared will handle the next case i need a break thank you very much

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MI 2024-002-044-612 South 57th Street.

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Jared Kline is the attorney.

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Letter of support from the 46th Ward Democratic Executive Committee with unenforceable proviso.

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Jared Kline is coming in as a panelist.

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good afternoon mr chair members of the board hi mr klein just for the record could you state

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your name and spell for the court stenographer certainly it's jared klein j-a-r-e-d last name

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is k-l-e-i-n from knockamson p.c one south broad street in philadelphia you swear a firm to tell

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the truth, the whole truth, and nothing but the truth? Yes, I do. Could you identify your client

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in a relationship to this property? Certainly. My client is Mr. Milton, Milton Mary, who is the

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homeowner. Our vice chair has a few questions for you, sir. Good afternoon, counsel. Do you agree to

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either read another refuse or stipulate to its accuracy? Yes, I do. Have you emailed in all the

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required documents and exhibits that is needed to proceed with this case five days in advance of

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this hearing? Yes, I have. Thank you, counsel. Please proceed and share your screen.

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Thank you very much. No problem. So, yeah, we're here for 612 South 57th Street, which, as I

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mentioned, is owned by Milton Murray. He has been in the neighborhood and owned this property for

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a very long time. He purchased it when he was 19. I'm not going to give away his age, but he is

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considerably older than 19 now and has been a longtime member of the community and the owner

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of this property. There were, the way that this matter came into our office is there were a number

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of violations that L&I issued against the property. And in the process of helping Mr.

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Murray cure those violations, he expressed a desire to add the second residential dwelling

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unit to his property. And the easiest way to make that change and address all the violations

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was to go through the zoning process first. So, as I was coming in, I heard the chair mention

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there was an unenforceable proviso from the RCO. I don't disagree, but our intention is to make

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sure that all these violations are cured as part of this process. So, we're going to be honoring

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that, even if it's not an enforceable proviso. Our standard table of contents that you've seen

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from Mr. Nockmson, a couple projects in a row, and I will take you through these materials.

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Just to start, this is our refusal. It's just for the addition of a second dwelling unit in the

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existing single-family structure. As you'll see in a minute, during the course of Mr.

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Murray's ownership, the property was remapped. So when he bought it and during a lengthy period

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of his ownership, it was zoned RM1, which would have allowed the second unit. It was then remapped

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to RSA 5.

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This is the ordinance that was done in 2019.

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I think this is the same ordinance

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that you saw a couple minutes ago

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related to another project.

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But it remapped the parcel from RSA 5

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or from RM1 down to RSA 5.

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To give a little bit of context

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about where we're located,

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this is our zoning map.

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There's a mix of RM-1 and RSA-5 in the immediate area.

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This is South 57th Street here.

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So it's RSA-5 on this side, primarily RM-1 in the areas to the west of us.

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Again, that's our property there.

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And these are some interior photographs of both the existing inhabited portion of the property,

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that was the existing single-family dwelling, and some photos of the to-be-converted space.

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So these are photos of the existing interior of the home

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going out towards the front door and back door areas.

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going out towards the front door and back door areas.

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And then these would be photographs.

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This is the current space that would be converted into the additional living unit.

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This is not in any way intended to be a display of the final product.

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Obviously, without permitting, he has not done a lot of work to this area,

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so it will be rehab.

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Mr. Klein, that's the basement?

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Yes, it is.

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So that he's got a house here, and then he wants to take the basement and make it an apartment.

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Correct. It's the existing basement, which is laid out like this, and he will make this into a more comfortable living space.

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These are photographs of how it exists now in the basement.

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And again, just another view of that existing space with the entrance door to the outside.

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side uh this is the front of the property our our property here looking uh these are our our

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zoning notices and then looking to the left and right of the property down 57th street

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um turning to some of the floor plans and site plans which i i think question do you have a

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picture of the rear where that door in the back entrance at exits too is there a garage is there

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garage back there? No, there is no garage. It opens out into a rear yard. And I think that the

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floor plan I'm about to show will give some additional context there. So I thought it was

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helpful for the board to see what we are calling the life safety plan for this new unit. So this

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is the proposed basement unit here, 849 square feet. And the dash line is showing the egress

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paths so there's an egress door out the front and then another egress door at the other side coming

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off of the kitchen so there's there's um access and exit at both ends of the of the unit uh as

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well as some natural light some of the window wells um these below here this is the existing

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um remainder of the structure none of this is going to be changed the first floor and the second

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floor um we're in this plan we're calling them both unit two as a combined unit um so that that

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these two floors together would be the second unit and this this basement unit would be the

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