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Hearing video

ZBA Hearing - October 13, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Oct 13, 20205h 3m

Thank you. And Tanya will give you a few minutes.

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Yes.

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Okay.

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Thank you.

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Thank you.

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okay we're ready thank you Tanya good morning everyone my name is Frank DiCicco I'm the chair

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of the zoning board of adjustment I'll be participating in today's hearing along with

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our board secretary Mr. Confessor Plaza and board members Mr. Thomas Holloman and Mr. James Snell

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board administrator Tanya Sunkit and board attorney Sharon Saleta are also in attendance

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For those of you who haven't yet participated in one of our virtual hearings, I'll go through some of the basics of what you can expect.

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First, we will be administering oaths to individuals' participants prior to their testimony.

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Second, for the benefit of everyone participating by phone, we ask that attorneys and witnesses identify themselves prior to speaking or testifying.

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Third, we'd like to advise everyone that this proceeding is being recorded and that by participating, you acknowledge your agreement to be recorded.

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Fourth, anyone participating by phone, if you wish to testify, you must raise your hand by hitting star nine and then star six to unmute yourself.

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I'll repeat, for anyone participating by phone, if you wish to testify, you must raise your hand by hitting star 9 and then star 6 to unmute yourself.

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Finally, to enter an appearance statement, call Google 267-270-5548 and leave your email address and the address of the property at issue.

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I'll repeat, to enter an appearance statement, call Google 267-270-5548 and leave your email

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address and the address of the property at issue. With that said, we can begin. But before Mr. Plaza

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calls our first case, we'd like to ask if anyone is requesting a continuance or withdrawal of an

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appeal listed for this morning's hearing? If so, please raise your hand.

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Chair? Yes, ma'am. I do have a few

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continuances. Okay. Number one

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on your list? 3,400 North 19th.

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Okay.

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Maybe I'm confused. Well, that's number one on my list.

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so just give me the address. 1727 Lambert. This is Sharon. The problem, the confusion is that

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I sent you the addresses from the original list that was sent out. Karima yesterday afternoon

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sent out a revised list that orders the cases differently. Okay, no problem. No problem. I have

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it here. So, MI-2020-000380. Correct. 1727 North Lambert is continued. Right. That was requested

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by the attorney of record. Then I also have 2326 North Park Avenue, which is number seven on my

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list. Number nine on our list, I think. Okay. Okay. And that was requested by the attorney.

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Okay, so MI-2020-000-539-2326 North Park Avenue is continued.

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Okay. So, MI-2020-000.

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I also have 2709 West Allegheny Avenue, number one.

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Requested by the attorney and the RCO.

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Oh, yes, I do. I'm sorry. It's number six on our list.

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MI-2020-000723, 2709 West Allegheny Avenue is continued.

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And I have 2646 North 17th Street, requested by the attorney, North Central CDC, and Swap Portal.

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And just to put it on the record, I'm sorry, 2709 West Allegheny, the RCO is objecting to the continuance and requesting dismissal.

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Yeah, I understand, but I also understand that there's been a change with the attorney. So in all fairness to the applicant, we're going to continue it. So to allow the new attorney who's representing the applicant to reach out to the RCO and we'll see what comes out of that.

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Understood. I just wanted to put it on the record.

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Thank you. What was that last one? Request continuance on?

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2646 North 17th.

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So MI-2020-0007592646 North 17th.

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Correct.

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Is continued.

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I also have 3400 North 19th Street, continuance requested by the applicant and the RCO.

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Okay, MI-2020-000549-3400 North 19th is continued.

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Thank you. I have an individual with their hand up. Hernandez, you can unmute yourself

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and wait to be sworn in. Okay, thank you. Good morning. Please identify yourself with

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a record, spell your first and last name and give us your address. Adelina Hernandez, A-D-E-L-I-N-A,

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for the address, 3964 North 7th Street,

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Philadelphia, PA, 19140.

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Do you swear and affirm to tell the truth,

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the whole truth, and nothing but the truth?

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Yes, I do.

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Thank you.

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Please proceed.

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I wanted to have the case continue

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to get the approval,

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so that way they could proceed

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with the permit of zoning

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to take our restaurant on the first floor

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and to two apartments on the second floor. Have you met with the RCO? Yes, we

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have the approval from the RCO. But still asking for a continuance? Yes, to get it

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approved, yes. Anyone else? If there is no one else on this case, it's MI-2020-000-537-3964

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North 7th Street is continued.

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That's all the hands,

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Chair.

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That would take us to

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confessor on our sheets.

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Hold on one second.

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I'm going to make sure I got everything right here.

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Yep.

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There's a couple of cases listed together.

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Okay.

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All right.

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You can begin. Thank you.

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Yep.

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MI 2020-000311, 1712 Master Street.

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Also together, it's MI 2020-000306, 1716 Master Street.

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Also, MI 2020-000313, 1710 Master Street.

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uh also let's see where we at here we have mi 2020-000304 1714 master street

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and mi 2020-000309 1718 master street thank you

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1718 master street thank you that's five five cases on master street and the attorney is pasquale

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colavita okay good morning is mr colavita out there

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Mr. Colavita

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I don't see you

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are you under the owners

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the owners

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of 1710

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can you hear me now

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yeah we got you now

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the owners are here

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I'm under my own

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but the owners

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I have them here with me

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and they're in

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they're on a separate computer

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do I

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right but you have them raise their hand they're listed as 1710 to 1718 master street owners

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right i have two devices i don't have you at all did you need to be promoted to panelists

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do you sure i mean that that would just allow you to view because what i'm going to need to do is to

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um show and share documents right but i don't again how do i how do i how do i

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handle that portion of it somehow I'm on here right but this is under the owners

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of Master Street are you using that device no I'm currently no I'm not I'm

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using the one that I logged in on which was under my name I mean they on the

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other device which is also my computer but I don't have all my documents on

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that one mine should be under pj colavita did you log in under that device i did you're not visible

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here do you want me to log off and log back on again uh yeah chair if you want because i can

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hear i mean i'm i'm speaking to you through my device patrick hold on a minute yeah tanya you

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We can move on to another case and come back to this, you think?

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Yes.

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Mr. Colavito, you're going to have to come up with a device that's visible so that I can make you a panelist.

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You can't do anything as an attendee.

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All right.

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So whatever device you need to pull up your documents on, you have to log in on that.

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All right.

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Because I don't know if it matters, but it's two different devices with the same name for Master Street owners.

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all right so mr colavita all right i'll log off yeah and work it out with tanya we'll go to the

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next case confessor i think it's glenn street right mi 2020-000-547-3761 glenn street

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is there anyone here for Glenn Street Patrick and or Patricia rather and Kenneth

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McGuire and it's and Patricia McGuire McGuire no hands at this time all right

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so for the moment we'll continue it unless there's some technical issue and

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they come back on let's go to mi 2020 000 689 2744 latona street leo mauva hill

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so

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Pauline it may be a problem that I'm having um I can't promote him could you promote the

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one with the hand up to panelists of course

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okay he should be panelist now all right good morning everyone

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Good morning, sir. You swear on a firm to tell the truth, the whole truth, and nothing but the truth?

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I do.

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

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I do.

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Also, have you emailed an exhibit packet with the required documents, proof of ownership, proof of tax compliance, copy of the refusal or referral, photos and plans five days prior to this hearing?

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photos and plans five days prior to this hearing? Yes, I have. Also, have you met with the RCO and

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Yes, I have.

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Also, have you met with the...

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have a letter? Yes. Great. Can you please identify yourself for the record? Certainly. Leo Mulvihill,

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M-U-L-V-I-H-I-L-L, 2424 East York Street, Suite 111, Philadelphia, 19125.

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And members of the board, I'm just attempting to share my screen for the project in this instance.

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All right, that's the wrong file.

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So members of the board, Leo Mulvihill here today for the property at 2744 Latona Street.

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I'm here on behalf of the applicant B, Z as in zebra standard with a T, LLC.

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see. And what I should be showing right now is my screen with the necessary materials.

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Unfortunately, this doesn't seem to be working. One moment.

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There we go. Everybody see that now? Yes. Great. So members of the board,

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what I have here on the screen is my summary packet for this project. We have the refusal

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appeal and project information form at page one. Area zoning maps at page seven. This is an RM1.

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I'm sorry to interrupt. Mr. Movaho, I'm having a little bit of trouble hearing you. Could you try

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to keep your voice up a little bit for me? Sure, I'll do my best. Thank you. Sure, we have the area

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zoning maps at page seven, the deed at page eight, my client's commercial activity license at page

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11, tax clearance at 12, zoning notification letter and proof of mailing at 13, photos of

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the property at 17, plans at 31. I received the RCO letter after my submission of the packet,

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but I did send it under separate cover, and I do have it attached to the end of this packet as well.

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So members of the board, what we're seeking in this instance is pretty straightforward.

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We're looking to build a two-family dwelling on an RM1 lot. The lot is slightly smaller than

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what's allowed under code to have two dwelling units. It's 674.25 square feet. We're required

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that is 720 under the code. We're also having refusals for minimum open area and rear yard

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depth. We requested the minimus variances for those that have a five foot rear yard versus a

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nine foot rear yard to allow for some better quality interior space. We also received a refusal

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for a maximum height. The reason that we received that refusal is due to the location of the pilot

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house and access there on the back which we had to do based on the dimensions of the lot and

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we'll go through all of that as we continue with the presentation. The project information form

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pulling up the area zoning map members of the board page 7 of 32 of my packet. This lot is

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currently a vacant lot in an RM1 zone on this block of Latona street. There's been significant

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new development on this block in the last couple months. There are quite a number of older homes as

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well. Here's our deed, my client's commercial activity license and tax clearance, my notice

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of community meeting, which was held over Zoom on September 17th with Graves Ferry Community

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Council. That was a well-attended meeting, and we ultimately did receive a letter of support.

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I'm showing now members of the board at page 16, the zoning notice that was posted on the property.

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Page 17, you can see the existing lot. It's overgrown with some shrubs and some trees right

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now, but we'll be taking care of that shortly. This is looking eastbound on the block, directly

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across the street from our project. You can see that the left is an open area that's used either

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as illegal all street parking by members of the block. There's also some playground equipment on

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that parcel. Again, looking eastbound on the block. The lot as seen from across the street,

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the house immediately adjacent. This is a new four-story multi-family dwelling on the corner,

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catty corner to our project. Another photograph of that. This is that all street parking slash

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playground area, page 24. Another photograph of that new structure. You can see going down the

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block, we have a mix of older construction and a new construction down the block. You can see this

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gray building that I'm indicating with my cursor on page 28, as well as this addition on the two

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story structure of page 20, up the block of page 28. And some more photos of the block itself.

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What I'm now showing members of the board at page 31 of the packet is the proposed site plan for

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this property. It's a four story, two family dwelling, not to exceed 38 feet. I'm going to

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zoom in on the site plan, hopefully for us. There we go. Here's the overall site plan members of

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board. The lot itself is not terribly wide. We're going to be about 14 feet 6 inches. Interior

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dimensions of the house are going to be just over 12 feet. Here's a smaller rear yard. As we've

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just over 12 feet. Here's a smaller rear yard. As we've indicated, we're asking for this due to

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indicated we're

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the fact that the lot is a little bit on the smaller side. We prefer to have

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some better quality interior space versus having a larger rear yard. The downstairs units will have

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access to the rear yard. Upstairs unit will have access to a roof deck, so both people will have

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ability to have outdoor space. There's a three-foot alleyway that runs behind the property as well.

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I'm going to go to the next page, page 32.

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So this is the floor plan members of the board as proposed.

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Starting at the bottom left of page 32, we have an office, bathroom, and playroom in

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the basement with an egress well to the rear.

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Going up the staircase, you have living, dining, and a bedroom.

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Going up to the second floor, we have a living room and a dining room for unit number two.

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third floor we have a bedroom to the front bed into the rear and a bathroom in the middle with

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a laundry space and up on the fourth floor we have the master bedroom with two walk-in closets

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