civus
Hearing video

ZBA Hearing - July 17, 2024

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

Counselor, please proceed and share your screen. Thank you.

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Mr. Chair, this is a legalization of a pre-existing non-conforming use

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1402 Wharton Street. We have a 105-page exhibit packet that I am entering into evidence.

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It was the RCO letter of support that you've already mentioned. We met with the RCO several

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times in order to get to an accord. The application is for a three-family dwelling.

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The lot is zoned RSA 5, though the multifamily household living has been a consistent use in

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the property for many years. As you can see, the zoning board had previously granted a

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three-family in 1964. Prior to that, the zoning board granted, actually refused a five-family

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dwelling in 1957. So, since at least 1964, this has been a three-family dwelling.

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the basement is full of mechanicals and this is these are existing conditions on the property

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just so everyone understands this is the first floor unit for now here's the first floor stair

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we have very large living space and two bedrooms

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Two-bedroom unit on the second floor with, again, nice open living space.

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And the third floor is the same.

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Each unit has space and closets for trash storage.

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Here's the property in question.

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And this is literally just steps from Broad and Wharton on the Broad Street line on a block with several multifamily dwellings, including this one here to the right and one here that's even more than three units to the very far right.

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And this is the subject property in question.

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have additional exterior shots from across the street as you can see more not only institutional

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uses a funeral parlor house of worship a garage apartments building so it's you know typical for

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a block that is immediately off broad street and there is broad street you can see broad street

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from the front step is a multi-family dwelling right next door which is the

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old furrier on the first floor and several apartments above

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And, of course, we have evidence of multiple electrical, multiple water heaters, some interior shots.

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and of course we have evidence of multiple

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It's very well maintained today.

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It wasn't always.

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My client had a very difficult time living out of town with the death of her husband, then hiring a less-than-ideal contractor.

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But all of those issues have been since reconciled.

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This is the RCO letter that was mailed.

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One of many, actually.

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Also notifying everyone of today's hearing.

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Here's the proof of mailing of 116 individual households.

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Here's the poster, and of course, we have proof of posting, and then the long history of multifamily use is also being included in this packet.

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As you can see, 1973, a three-family dwelling was affirmed, and that's what it has been throughout time.

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Included in this packet is the letter of support from the Pascham Square Civic Association.

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I'm sorry, South of South Business Association.

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There it is, SBSNA sends a letter of support, nearly unanimous.

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And of course, there'll be commercial trash pickup, exterior lighting.

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and the management team information will be placed on the facade.

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With that, we also have our deed, our tax clearance.

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And because it's adjacent to a CMX property,

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because it's been for a very long time a three-family dwelling,

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legally even at several points,

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and because this block just steps off the Broad Street line,

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is just one of many multifamily homes on the block.

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And because we have the community support,

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which is evidenced in the exhibit packet,

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I respectfully request the granting of the variance.

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Thank you.

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Counsel, do you have your client to accept,

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adopt your testimony?

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Thank you.

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Ms. Deborah Drake,

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if you could please raise your virtual hand.

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Ms. Drake?

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Deborah Drake has been allowed to speak.

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Good morning. Could you please state your name as spelled for the stenographer?

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D-E-B-O-R-A-H-D-R-A-K-E.

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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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Please proceed, counsel.

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Thank you, Mr. Chair.

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Ms. Drake, did you hear my presentation to the board this morning?

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I did.

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Is it true and accurate to the best of your knowledge?

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With one change, just that my husband is not deceased, but otherwise, yes.

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Okay, very well.

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There was a sickness in the family, so my apologies.

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Yes, he is still ill.

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I'm glad to hear that he's alive.

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And I ask you to adopt my presentation as your own testimony.

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Yes.

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Thank you.

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I have nothing further, Mr. Chair.

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Thank you.

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Questions from the board?

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I have no questions.

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No, Chair.

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Questions or comments from our attorney, Hillary Emerson?

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Just briefly, Mr. Chair, there were some provisos, Mr. Anastasio, requested by the RCO.

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One of them essentially requests that a certificate of occupancy be obtained.

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Is that something that your client is agreeable to?

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Of course, yes. We will be unable to lease all three units without it, so yes.

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Okay, thank you.

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questions or comments from the virtual audience

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i see no hints at this time too planning commission

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john love a car planning commission the comprehensive plan recommends no change

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to the rsa 5 zoning in this location due to the history of multifamily use in this structure

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or PCPC recommends granting the variance.

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Thank you.

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MI 2023, 000-901-1402 Wharton Street.

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I vote yes, provisos.

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Must obtain a certificate of occupancy

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and commercial trash pickup.

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Thank you.

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Ishmael Shaheed, my vote is yes with proviso.

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Michael Johns, my vote is yes with provisals.

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Michael Jones, my vote is yes with proviso.

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Senator Graham, my vote is yes with provisals.

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Senado Grosso.

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Iowyn, my vote is yes with provisals.

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Thank you, counsel.

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Thank you.

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Number six, MI 2023-004824, 300 West Sesquihanna Avenue.

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Justin Crick is the attorney.

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there was a meeting kirk is coming in as a penal meeting was held december 13 2023 before nara

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square good morning members of the board morning council could you please state your name and

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spell for the court stenographer yes justin j-u-s-t-i-n crick k-r-i-k addresses 1515 market

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street suite 1200 philadelphia pennsylvania 19102 you swear or firm to tell the truth the whole

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truth and nothing but the truth? I do. Did you identify your client in relationship to the

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property? Yes, my client is Kenzo Holdings, LLC, and I have Adam Garner, the member, with us today.

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

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read another refusal or stipulate to exact proceed? 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

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of this hearing yes uh miss emerson did advise that uh one of the letters we sent for the

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neighborhood meeting was a past one from december but we have since given her the one from april

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thank you kellen so please proceed and share your screen thank you very much

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members of the board this is an application for both a use and dimensional variance for

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the property at 300 West Susquehanna Avenue. The property is located at the intersection of West

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Susquehanna and North 3rd Street. It's a corner property that is owned CMX2, which requires a

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commercial use along the first floor of the building. We are asking that that commercial use

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be negated and that the property be allowed to be solely residential. And with that, we are asking

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for a fourth unit, which exceeds the square footage of the lot area by basically just a few

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feet, about 40 square feet or so. And it currently would allow for three residential dwelling units.

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So this is a variance of both use and four-dimensional purposes. As far as the use

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variance is concerned, the applicant is intending to build this three-story structure with pilot

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house as I'll show you in the plans. But regarding the use, the property is located at this corner

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that you can see here on the screen. And if you take a closer look, you'll see that there's a lot

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of vacant land throughout this area that are residential properties that are undeveloped.

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And this has created basically a void of density in potential patrons of any businesses for this

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area. And as I scroll down, one of the other factors that we believe prohibits a commercial

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use along this corridor is that the property is situated next to some large industrial properties

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that are better viewed on this picture. You have a large industrial property that runs street to

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street for several blocks and a lot of vacant land, which is used for industrial purposes,

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essentially cutting off this section of the neighborhood from the residences on the opposite

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side of this industrial area and really prevents that sort of neighborhood patronage that would

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walk along these corridors from the east. This is the east side over to this corner property.

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The property is currently vacant. And as you can see, again, all of these residential properties

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are also vacant along this entire North Third Street section and throughout the area. And that

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low density has made the assessment for commercial viability improbable and not plausible. Even when

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you back out, you can see a lot of the density issues right around this property and the way

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that this industrial land kind of cuts off from the possibility or likelihood for safety reasons

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or other that people from the east side of American Street, North American Street, might

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cross over to patron certain businesses.

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Currently, you can see that this is vacant.

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It's fenced in by the city, along with several other properties.

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This is the corner lot we're talking about.

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And you can see this industrial building along the side here.

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And a better view of that coming from both directions.

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And again, this industrial section along the north.

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And again, this industrial section along the third street, opposite side of the street.

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Just to get into the dynamics and the dimensions of the building for a moment, one of the reasons why this building would suit a four-unit property very well is that it is a corner property.

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And the intention is to provide, with this being the front of the building, is to provide a unit on the second floor with a rear deck, a unit on the third floor with roof deck access, and then the first floor units, two units, would each have their own entrances that would consist of first floor and basement living space for the two units.

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and they do have egress wells where necessary because of the commercial, because of the corner

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lot allows for the egress wells to be placed along the side of North 3rd Street. This then gives the

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second and third floor dedicated entrance off of West Susquehanna and provides for a fairly decent

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sized living spaces in all of these. But because this is a commercial unit, we believe that the

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density and the dimensional variance requirement for the fourth unit is that there is a good

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reason to allow that fourth unit, again, not creating one building with one entrance, but each

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person on the first floor having their own dedicated entrance along that side. The density

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argument for the fourth unit also relates to parking in that at the moment, you have very

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limited number of residences in this area and parking would not be an issue along North Third

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Street as we don't believe it would. One of the bigger concerns with the neighborhood that we

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have had to work with them and we've met with them and they've been very kind in allowing us

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to meet with them back in December as well as again this past April and we've had several

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meetings to try and accommodate the notion that commercial activity in this property

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is not viable. So the applicant had sought the council of a couple of different real estate

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consultants, the first one being the Wyatt Group, who pointed out that since the onset of COVID and

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since 2020, there's been a decline in commercial uses and pointed out that there are about six

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commercial spaces within a half mile radius of this property, and the majority of which have

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been vacant for six months or longer. And then after our initial meeting with the RCO, we were

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looking for and trying to find alternatives for uses of the property that may have satisfied

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commercial uses. And then more recently and more recently presented to the RCO, we got a report

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that was commissioned by select commercial advisors that actually points out very poignantly

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that the Nora Square, the vacancy rate in Nora Square is currently at 16.9%, which is double

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from what last year was, and that it is increasing, that the trend quarter over quarter since 2020.

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And so it's that kind of rising trends that have deterred the development of commercial in this

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area. And while the neighborhood did issue a letter of opposition, the vote in that matter

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was seven votes opposed, five votes were in support of this, and then there were three votes

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that were in support, but they did have a proviso for the residential that required or requested

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that some of those units be low-income housing. But aside from the low-income housing request of

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those three votes, those three votes did find that residential uses would be okay there. So we

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We truly feel that the that the calculation should be more of an eight to seven in favor, although, again, without the without the potential proviso that was requested, the notion that residential is is more desirable than a commercial unit here was what we believe the sentiment of that vote.

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And then the idea that this area is suffering from a lack of commercial business entities, which is what the Norris Square Community Alliance recently indicated, we believe that's a direct result of the lack of density of residential units.

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And that there would be a need to deliver more quality residential units in the area to support commercial corridors, especially, as you can see, driving traffic along Front Street to the commercial corridors that are nearby.

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We do believe that the situation was not created by the applicant, that this hardship of the neighborhood and the demographic and lack of density is what is driving this need to use the property as residential.

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along with its location next to large industrial properties, as were proposed earlier on in these photographs.

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This is the minimum variance that we believe would be needed for this relief.

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This is the minimum variance that we believe would be needed for this relief and that this this extra residential use would not create any extra congestion in the streets or impact the neighbor's public air rights or public facilities.

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We believe that it is in harmony with the code, considering its location and the remaining demographics of this area in terms of property density and residential density.

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Um, we would like to, uh, have this use, uh, and, and potentially, you know, if, if the board

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would see it as such to, to see where this neighborhood develops into and authorize this

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proviso without authorize this variance without proviso. But if there was any sort of question

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as to whether or not commercial could be viable, the applicant would be willing to enter into a

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temporary proviso and possibly revisit whether commercial would be viable in this area in

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approximately maybe a five-year proviso or something of that nature to allow the residential

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density to occur and to fill in. So essentially, we again believe that the votes that were cast

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should be looked at as eight to seven in favor of residential, albeit with some of the provisos

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that were not necessarily agreed to regarding a subsidized or low income housing. I do have here

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