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Hearing video

ZBA Hearing - July 17, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Jul 17, 20247h 49m

It's just a matter of whether or not you all can enforce it.

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so the the number of bedrooms is and the size of the units is a building code issue not a zoning

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issue um so we we can't provide the things related to that because when it goes for a building code

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review it may necessitate changes to the design that would be difficult to do if we already

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dictated particular parameters so unfortunately we we cannot specify number of bedrooms

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but that's a discussion that we i guess could have with the building code examiners

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yeah because these aren't they're not that's not a living room that's not a real living room

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dining room that's a kitchen on the third floor then that's it can't put a chair in the i don't

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see where you even could put a let alone a table the second floor that's little that's literally

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a kitchen there's nowhere to you know and a two-bedroom with it doesn't you know so well

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again i point i don't necessarily have a problem with the three three units but i have a problem

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with the with the fact that they don't work so maybe it needs to be as to not to not have said

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to a two unit unit building that works or three one bedrooms that work certainly uh one bedroom

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units or something expect you know the each floor is 48 feet deep that's deeper than many

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town row homes as you know uh and 14 feet wide so if uh you know uh per one unit per floor does

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make sense however uh living space without ample actual living room doesn't make sense as you say

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Right. So I believe what we since this board can't require me to make that third floor unit a one bedroom, we could still put it on the record that my client would agree to the one bedroom unit on the third floor.

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I do think there's ample living space on the other two based on design.

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Not on the second floor either.

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but well i think there's a the kitchen is on one side of this and the living sorry one second i'm

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having a hard time with this bar right but the refrigerator is sitting right there right with uh

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i guess a chair and a television would be on this side um or just off the bathroom you know

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but again these are 48 feet deep so there's i actually um i'm planning to change the layout of

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the of the layout from the floors because i the the lady who did for me this plans actually

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as you can see she put like very big um bedrooms and the second floor here the the the i just

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as you can see she put like very big um bedrooms and

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finished out the property which i do the the refrigerator here i didn't put such a big kitchen

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she put a big kitchen on third floor and the second floor which actually i want to move up

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the second bedroom on the third floor and put this so so why don't we why don't we do this i i think

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we're talking some things that are not zoning right yes so is there any other questions from

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the board that would be relative to the zoning issue.

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Questions or comments from our attorney, Hillary Emerson?

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Not at this time, Mr. Chair.

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Questions or comments from the virtual audience?

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Yes, Chair.

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I have a hand up by the name of Jahad Ali.

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They have been allowed to speak.

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Mr. Ali, could you state your name and spell for the court stenographer?

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Good afternoon, Chairman.

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My name is Jihad Ali, J-I-H-A-D-A-R-I.

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You swear, Affirm, to tell the truth, the whole truth, nothing but the truth.

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I do, Y'all.

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Please proceed.

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Yes, Chairman.

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I was at the, and the lawyer's made with me.

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I don't know if he recalls me.

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But I was at the, both meetings that we had with the applicant and the attorney, actually the attorney came.

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And I didn't see if he could put up the letter from the RCO because I believe, I recall, we wanted that to be a two-bedroom because the issue that we had was about the trash.

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And at the time he did his presentation, he had attested that he was going to use that driveway on the side.

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We were familiar with the owner of the driveway who owns the house at 1108.

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eight, we were familiar with him. So the other side, we knew that that wasn't his parcel.

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So we were concerned about the trash being in front of the building. So we were concerned about

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six units, you know, three units of having trash in front of the building and about the unit count.

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We didn't want three, but I can't see what the vote was on that. You know, it's typically not,

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But, you know, typically there's a different format that that that group uses because that's not I can't see it.

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Yeah, typically it's a different format. So I don't even know what the votes was.

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OK, so what a vote is. I don't see what a vote. So.

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I don't see that. That's a question for Ms. Gomez.

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Ms. Gomez asked that the trash be placed inside each unit, which we agreed to and not use the exterior space for trash.

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You know, everything I tested, you know, that's what we said at the time.

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I just didn't see the votes that we had as a group because I thought we were required to take a vote and see what the vote was.

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Not what Ms. Gomez said.

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She's a chair, but did she not send in the vote document?

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This is what I received.

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Chairman, thank you, members of the board for that.

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Thank you.

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Is there anyone else in the virtual audience?

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I see no hands at this time here.

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planning commission thank you chair bergman and good afternoon david vecto with the city planning

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commission uh chairman and board members the comprehensive plan recommends no change to the rsa

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5 residential single-family zoning of this location this neighborhood was rezoned in 2017

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in accord with the recommendations from the comprehensive plan there is no unique physical

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condition or circumstance of this property that would prevent it from being used in conformance

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with the zoning code. However, we are aware of other multi-unit dwellings and single-unit

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dwellings on this block face. The City Planning Commission recommends that the Board grant

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the proposed use variants for multifamily dwellings, but with a maximum of two dwelling

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units. Thank you. MI2024, 001-411-1104 North 42nd Street, I vote yes, maximum two units.

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james james snell my vote is yes with proviso michael johns my vote is yes with proviso

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tennessee graham my vote is yes with proviso

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my vote is yes with proviso cheryl gaston my vote is yes with proviso thank you very much

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Thank you.

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Number five, MI 2024-002-051.

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Excuse me, Mr. Chair, did we want to go and take care of the remaining add-ons?

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Mr. LeBaron Leonard Palmer is here to assist us with that.

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I don't want to keep him waiting.

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If we can just take care of those.

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Thank you.

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Let's see where we are here.

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Which one?

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Do you want to keep me here, Chair?

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we didn't want you to leave

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I mean

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so

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So, number two, MI 2023, 007-031-4714 Griscom Street, I vote no.

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James Snell, my vote is no.

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So here, number 16, is this?

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All right, here's.

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All right, number three, MI 2024, 002-911-3105, Lord 16th Street.

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I vote yes with provisos.

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Her refusal dated 227-24.

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Revised plans, one page, stamped by CBA on July 17, 2024

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Maximum two dwelling units, commercial trash pickup

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I also certify that I viewed this recording

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And voting on this, Ishmael Shahid and LeBaron

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Ishmael Shahid, my vote is yes, with proviso

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LeBaron Leonard Palmer, my vote is yes, with proviso

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number seven mi 2023 002 780 3122 to 26 west york street this is request for reconsideration

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i vote no to reconsideration and hearing

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shaheed my vote is no to reconsideration and rehearing lebaron leonard palmer my vote is no

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to reconsideration i think that's it right hillary yes that is mr chair thank you thank you lebaron

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number five twenty twenty four zero zero two zero five one twenty four hundred to oh six

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master street alan knockamson is the attorney

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Alan Nockmson is coming in as a penalty letter of support from NARA Square Community Action Network with unenforceable provisos and a letter of non-opposition from Council Member Lozada.

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

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Just for the record, Alan, just spell your name.

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Alan, A-L-A-N, last name Nockamson, N-O-C-H-U-M-S-O-N.

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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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Could you identify your client or relationship to the property?

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Yes, my client is 2400-06, Master ST-LLC, and in the virtual audience should be its representative, Sarju Patel.

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uh our vice chair has a few questions good afternoon counselor do you agree to

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repeat another refusal or stipulate to a diopsoe i do do you know then all the required documents

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and exhibits that is needed to proceed with the police five days in advance of this area

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uh yes uh we we have thank you counselor please proceed and share your screen

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um so i'm here to present uh 2400-06 master street

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this property is in in the north square section of philadelphia

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and what we're looking to do is legalized or attempt to have nine parking spots

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In the rear of this property, they go street to street from Asher Street to Mudder Street.

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So when my client purchased the property, it was advertised to us as a 28-unit apartment building,

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as a mix between affordable housing units and market-rate housing.

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And there are three affordable units as part of this project.

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What we discovered after the fact, there was a mistake in the filing from the previous owner regarding the nine off-street parking spots, which was included as part of our advertising of this property.

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So we're here just to legalize that.

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So you'll see the notice of refusal, and many of them are technical refusals, really have to do with landscaping.

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One does with, obviously, the off-street parking.

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And then, but we did meet with the community. And again, we have a 28 unit building that has three affordable housing units in it. And all we want to do is put nine spots off of the street. There's no parking allowed on our side of the street on Mudder Street. So we're not taking any parking.

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There's no parking allowed on our side of the street, on Mudder Street, so we're not taking any parking off the street.

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We're not taking, we're not hurting the parking situation by taking a car away from on-street parking.

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So these nine spots are going to be a benefit for the community where, you know, parking is at a premium.

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So we met with the community.

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They overwhelmingly supported the project or the nine parking spots.

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And then the council member just sent us a letter of non-opposition as well.

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Afterwards, we'll review maps of the area, photographs of the property and the plans and drawings.

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Our RCO meeting notice, there were around 15 to 20 individuals from the community who attended that meeting.

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And, you know, again, they overwhelmingly supported this matter.

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Then we'll review the application for appeal, the deed to the property showing that my client 2400-06 Master Street, LLC, is the owner of the property and a certificate of tax clearance.

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At the conclusion of my presentation, I would ask that Mr. Patel virtually raise his hand, be sworn in, and I'll have a few questions for him.

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So notice of refusal, it seems more intense than it is.

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This is an RM1 property, which allows for 28 units.

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And we're just trying to get the nine parking spots, which should have been part of the original submission.

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The refusals have to do with, you know, landscaping and such.

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Again, you know, as we told the community, you know, again, if we put the landscaping in the rear the way we would want to as well, we're going to lose some off-street parking here.

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where these cars for this project will then go onto the street.

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What we did as an accommodation, and I don't know how enforceable it is,

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but we have full intention to do this.

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We're going to put as many trees out front as we possibly can to liven up in front of our street.

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And you'll see that in the letter, but that's our intention.

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So, again, they agreed that, like, we don't want the landscaping here

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if that's going to reduce the amount of parking spaces here

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because, you know, parking's at a premium already in this neighborhood.

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And everyone's fighting for parking. So we appreciate the fact that you're adding nine parking spots off of the street and you're not taking a parking spot away from the street itself on the public streets.

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So, but that's basically all these refusals other than one for parking, everyone really have to deal with landscaping and such, which we have intention that you'll see from the rendering to put as many planters as possible and we'll work with the Fairmont Park Commission to plant as many trees in front of our building structure as we can.

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So here's a letter of support from the Norris Square Community Action Network.

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Again, in the bullet points, it says the applicant agreed to engage our RCO in marketing of the affordable units.

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We want to.

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We want to reach out, and I think we're required to under the law anyway, to market these affordable units to the community.

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They want periodic updates regarding the progress of the construction of this building.

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And, you know, we would be more than willing to do that. Construction has already begun as well, because that's allowed as a right, because we do have a building permit for the 28 units.

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And they want us to plant pollen-free trees in front, and we have no objection as to that.

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And then because of the support from the community as a whole, where I believe anywhere from 15 to 20 members of the community were at the community meeting,

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The district council member, Lozada, also is in non-opposition of this proposed use of the property.

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And then maps of the area. Again, we're an R-1 property. We're not asking for more use than is allowed as of right.

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We're allowed 28 units. And again, we're just trying to legalize these nine off-street parking spaces.

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And then photographs of the property.

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So this is an older photograph of the property, you know, but we took it from Google Earth of Master Street or what it previously looked like.

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And as you can see, we go from Master Street all the ways over to Mudder Street.

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And then this is from the Mudder Street side as well.

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There's no parking allowed on our side of the street.

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What you will see, though, is from some of the, and these are the photographs of the posting of the property from both sides.

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But what you'll see from the photographs is that there's a lot of Mudder Street, and this is Masher from the right of the property, Masher Street to the left of the property.

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But what you'll see on Motor Street is a lot of this parking on the sidewalk, because there is a situation with, you know, a lack of available parking in the neighborhood.

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And we're hoping to help that situation by taking nine cars off of the street.

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So you see that here, too, on Motor Street for the left of the property.

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So our plans and drawings, I think this is a very pretty facade, you know, again, a little bit of a mix between new and old, you know, the old is from a modern twist, you have a cornice line, you have lentils, you have a brick facade, you're kind of breaking it up in many different ways.

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So our plans and drawings, I think this is a very pretty facade.

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You know, again.

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You have a lot of eyes on the street with this, you know, with with these patio areas.

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And there's a prominent opening in the front for 2400 Master Street.

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And then this is the rear of the property from a rendering standpoint.

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Again, nine parking spots, one lane.

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And then this is just, again, you know, what we had to show from, you know, an L&I perspective showing, you know, that we're capable of parking these cars in the rear on Motor Street.

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We're not getting any refusals regarding the size of these parking spots or anything in terms of there's no issues with turning radius or anything like that.

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And then even though this is not part of our zoning, our presentation, like in terms of requesting use of this,

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I just wanted to give you the floor plans that were submitted previously, I believe, to L&I.

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And then we met with the community on June 10th at 6 p.m.

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And they had specific requests from us in terms of highlighting, you know, some of the information just to make sure everyone knew that this was an important meeting and where it was going to be located and it was in person.

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They did change the address last second, but we're able to fix that, like, you know, by resending a new notice, which we highlighted as well.

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And then we emailed that notice to the coordinating RCO and as well as other relevant parties on June 3rd and show proof of mailing of that notice to 215 addresses.

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And then this is proof of mailing to those addresses.

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And this is our application for appeal that we filed with the CBA, along with the notice of refusal and the project information form.

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