civus
Hearing video

ZBA Hearing - October 18, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Oct 18, 20236h 22m

However, there's a side yard between the two.

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You can see that this is the this is the property that I referenced.

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And this is a this is the side yard.

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um this is a another time stamp date which shows September 19th

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um and this is another time stamp photo which shows the uh the the the date of October 12th

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which is last week and my client is here and he can testify that the the zoning notice is still

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posted to this day

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All right. Board, this is the proposed building plans for the structure. As you can see, it's a three-story property with a roof deck.

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uh the current plans provide a uh that the structure is uh 15 and a half feet uh in uh in

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width um the this the lot itself is 19 and a half feet uh according to uh the office of property

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assessment um on the top you'll see there's a roof deck uh on this side of the property is

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the side yard and uh on the right side here is where the uh structure which it'll be adjoined to

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uh the as i said earlier the the build the builder is here and he can testify as to

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you know the the methods he would use to um you know secure and seal uh the property to

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adjoining property um now and it's my understanding that it won't be necessarily

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you know secured to the joist but it will be sealed and um you know to prevent any water infiltration

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uh these are these are plans of the floor dimensions

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these are these are plans of the floor dimensions this is third floor and this is the roof deck plan

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as you can see there's uh there are plans for the the basement the first floor

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second floor third floor and uh again the roof deck plan

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um board what i hope you'll see is that you know the variance that

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variances that we're requesting um will not in any way deviate from the character of the

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neighborhood uh what I'm showing you here is a picture from uh Philadelphia Atlas um there

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the property is currently vacant however you could see that there was formerly a structure

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as indicated in this in this drawing um that structure has since been demolished

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However, you could see that it was attached to the 5646.

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And as you could see, again, there is this side yard between 5644, the subject property in 5642, which is the neighboring property.

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This is a picture of the dimensions of the lot, as I said earlier, 19 and a half feet frontage, 80 feet in depth.

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uh this is a more recent picture uh from philadelphia atlas which shows uh the vacant lot

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and again these are current pictures of the front edge of the property again obtained from atlas

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um as you'll see uh again my client intends to build the property essentially in the footprint

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of the the the property that that that was uh that was standing prior um as you can see none

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of these properties has a uh has a designated parking spaces street parking uh in front of

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these properties as as best we can tell um we'll show we'll show other pictures of neighboring

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properties which do not indicate that there's any driveway access or any garage you know essentially

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underneath the home or any designated parking space so again that's not a deviation from you

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know the existing character of the neighborhood this is a 2010 picture of the the property which

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again shows that the side yard and uh that the property was connected uh to the 5646

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these are pictures of uh the uh 5638 and 5640 pine street um you know what i would like the board to

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see is that you know the dimensions that my client's building calls for will you know there'll

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be a four foot side yard on his side um that matches and my client can testify this as well

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as well as the builder that that matches what you know the the neighboring properties have already

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in place um so it as far as the the nature of the side yard it's my understanding that

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the other neighboring properties have the same dimensions.

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And again, which is what my client intends to do.

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He intends to build in the footprint of the previously existing home.

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Again, this is a side yard of other neighboring properties, 5636 and 5634.

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Again, you can see it's similar as far as the dimensions go.

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50 is the sidewalk between 5632 and 5630.

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Again, my client, again, can testify as to the dimensions between the properties.

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However, it's it's what we believe is, you know, for about approximately about four feet on each side, which is what my client intends to build on his property as well.

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This is a letter we sent to the community.

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Um, and I, I did provide, uh, uh, notice of mailing from, uh, notice of mailing to the community, proofs of mailing to, to council.

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Um, um, so again, I just want to reiterate, um, that, you know, we're seeking the variance, uh, of the side yard from eight feet to four feet.

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That, you know, we're seeking the variance of the side yard from eight feet to four feet, and we're seeking that, you know, the city approve a grant of variance so that we're not required to have a parking space.

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As you can see from the pictures, none of the other properties in the neighborhood have a similar designated parking space or driveway.

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So, Council, why don't you bring on your client and have your client adopt your testimony?

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Yes. Now, Mr. Montessor and Zach from Built Modern, if they could raise their hand.

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Are they the owners of the property?

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My client, Mr. Montessor, is the owner of the property.

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What we need is your client that owns the property.

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Sure. And he's not with me, but he's here virtually.

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So if he could raise his hand so he can be identified.

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

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Sure.

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It's M-U-N-T-A-S-E-R.

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My last name is Q-T-A-I-S-H-A-T.

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Right.

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

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I do.

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Proceed, counsel.

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Mr. Kuntishat, did you hear my testimony to the board?

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yes i did did everything uh appear to be accurate yes okay uh would you adopt that testimony as your

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own yes um now did you have a uh you're familiar with the uh the reasons for the refusal uh of

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zoning right i think i think you've covered that council and he's adopted your testimony

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You've got it. You're okay. So why don't we do this?

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Questions from the board?

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No, Mr. Chairman.

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No, Chair.

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Okay.

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Questions from our counsel, Hillary Emerson?

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Yes, Mr. Chair. Thank you.

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So, Mr. Muckowitz, or Muckowitz, sorry, if I said your name wrong, the council office indicated that they would, if this is granted, they would like to see a proviso stating that there would be no visitor accommodations or limited lodging.

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Now, visitor accommodations would require a separate variant, but limited lodging is an accessory use, so that wouldn't necessarily require additional permitting. So the board could put a limit on that? Does your client have a position on what's being requested by the council office?

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okay uh i mean so as far as i'm aware uh this is just intended use as a single family home i

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you know i'd have to discuss that with my client but um is that something that the board needs an

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answer on today yes or uh or if that will continue the case no we'd look we'd like uh you know not

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to have this continued um uh would it be possible to have a breakout room with my client so i i can

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just briefly discuss it with him or i i see he's unmuted himself yeah i'm still here uh mr kutishat

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did you did you hear the um request for proviso from uh from board council i don't i didn't

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understand what that mean you're not going to run an airbnb no no no what do you mean

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do you intend to get an airbnb out of the property no no okay this intends to be

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used as a single family home a single family home yes okay okay you'll be comfortable with that

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you'll be comfortable with that right yes okay counsel you're uncomfortable right you're

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comfortable yes yes i i just wanted to make that confirmation with my all right okay questions or

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comments from the virtual audience? Yes, Chair, I have a person with the last four numbers ending

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3057. I will allow them to speak. Okay. Hi, could you state your name, please, and spell for the

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court stenographer good morning i'm sorry i pressed the key for the wrong address i'm trying to um

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comment on 5617 market so i made a mistake sorry that's fine ma'am thank you um any other comments

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any other comments from the virtual audience yes a person by the name of yassin i will allow

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from the virtual audience yes a person by the name of yes

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hi could you state your name please and spell for the court stenographer

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hello hello can you hear me hi could you state your name please and spell for the court

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sonographer. Yes, my name is Yassin Jouichet, Y-A-S-S-I-N-E, last name J-O-U-I-C-H-A-T-E.

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You swear or for him to tell the truth, the whole truth, and nothing but the truth?

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Yes, I agree. Proceed, sir. I just sent a message regarding the previous question regarding zoning.

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I was going to answer. I am the representative for MedDCD Group working on the architectural

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plans for 5644 pine street but it looks like you guys have addressed that question already

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so okay thank you thank you thank you for your interest um planning commission

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thank you chair bergman and good morning david effecto with the city planning commission

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chairman and board members the comprehensive plan recommends no change to the residential

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single-family zoning at this location. The proposed dimensional variance is comparable

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to other houses on the block, as is the proposed condition of no parking spaces provided.

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So the City Planning Commission recommends that the board grant the proposed dimensional variance

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for the side yard and the variance from the required parking standards in the code.

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Thank you. MI 2023-001-803-5644 Pine Street, I vote yes, with proviso. No limited lodging.

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Thomas Holliman, my vote is yes, with proviso.

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James Snow, my vote is yes, with proviso.

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Thank you, Counselor. You have your votes.

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My vote is yes, with proviso.

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Thank you, Board. I appreciate it. I appreciate your recommendation.

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you. Thank you. Number four, MI 2023-001-806-2915 Tulip Street. Christopher Dean is the attorney.

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Recommendation of support from Southport Richmond Civic Association. Vote was eight in support

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and three opposed. Letter of non-opposition from Council Member Squilla.

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Christopher Dean has been promoted.

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Good morning.

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Could you please state your name and spell for the court stenographer?

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mr dean there was a delay that's fine christopher dean d-e-a-n right do you swear or affirm to tell

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the truth the whole truth nothing but the truth yes could you identify your client the relationship

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to this property? Yes, my client is G.J. Holdings, LLC. The principal is Josh Kravitz, who is present

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today, and I believe David McArthur, the design professional, is also present today. Our vice

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chair has just a few questions for you, sir. Good morning, counsel. Do you agree to waive the reading

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of the refusal and stipulate to a back receipt? Yes. Have you emailed in all the required documents

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and exhibits that is needed and required to proceed five days in advance of this hearing?

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Yes, I did. Thank you. Please proceed and share your screen. Sure.

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Good morning, Mr. Chairman, members. Again, my name is Christopher Dean. I have the pleasure

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of representing G.J. Holdings. Josh Kravitz, who's here today to discuss 2915 Tulip Street,

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which is a vacant lot in Port Richmond between Ann and Cambria Streets.

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At Pictured, I'm going to go through the presentation,

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and if there's any specific questions about the build,

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then my client, who's also going to be the general contractor of this project,

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he can answer, and any specific questions about the design

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that the Board of the Public I have that I can't answer,

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David McArthur should be able to handle.

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So Pictured is what it looks like today.

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It's a vacant lot. It's roughly 15 feet in width and 118 feet deep.

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This is what we propose. It's going to be a three-story.

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We're attempting to convert a single-family use to a three-story triplex, a multifamily.

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Prior to beginning this project, before even applying for the permit, my client did go through the area.

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this project before even applying for the permit my client did go through the area to get to to

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to gauge whether they would support such a project and he actually did receive overwhelming support

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and that's why we've moved forward with this this is just a 3d rendition it could be subject to

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change but we we felt uh the majority of the black and you can sort of see um does have the gray there

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was a gray stucco so that's why we went with that design but that could be subject to change but we

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We wanted to have it look as realistic as possible.

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This is a picture of the zoning notice time stamped on September 11th, posted to the fence.

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And let me zoom in.

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This is my client's deed from May of 2020.

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You can see GJ Holdings, LLC.

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This is a copy of the refusal of refused because of multifamily dwellings are prohibited in the RSA 5 district.

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This is our application for appeal.

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And these are the plans.

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So I'll generally go through the plans.

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The entrance will be the front door.

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You walk into the foyer, and there will be two staircases.

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Well, the first dwelling will be the first floor in the basement with the bedrooms on the first floor.

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It will have a rear porch deck, and there's about 40 feet.

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It's going to be 40 feet deep of actual patio space in the back.

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You walk up to the stairs to hit the second dwelling.

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There is a rear deck for living quarters of the second floor.

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And on the third floor, the third floor will also have its own separate entrance and a roof deck.

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And we do propose trash.

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These circles you see here, here, and here will be every unit is going to have their own trash storage as well.

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Zoom out.

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okay so here's my client's tax certificate tax clearance good through november 5th

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as i mentioned my client did canvas the neighborhood um to get a general

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sense of feedback of the project he formalized that recently with both immediate

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yeah excuse me area the neighbors immediately impacted and those in the surrounding area so

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these are the surrounding areas. These are 26 in support. And then the immediate areas,

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including the adjacent neighbors. My apologies. So we have 19 immediate neighbors who are directly

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impacted supporting. And these are the 19 letters, including the two directly adjacent ones that

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seen in the rendition. My client is a, as I alluded to, he's also going to be the general

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contractor. So he's going to be on site most days. And for about 10 years now, he's had

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continuous relationship with all his subcontractors, local subcontractors. That's very

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important to my client. My client's already talked to the neighbors about protecting their

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property during construction too, including adding them as additional insured and giving

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them an access and indemnity agreement so they're protected. As the chairman indicated,

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we did meet with Southport Richmond Civic Association last week. We had an 8-3 positive

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vote. We got pretty good feedback from the neighborhood at the meeting. This was a copy

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of the zoning notice for today.

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And these are all for you

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with all of this, but all the proof of mailings for today's

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zoning meeting. We also submitted the RCO

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to Ms. Emerson, the RCO meeting and proof of mailing to Ms. Emerson

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I believe it was yesterday or Monday. So

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with that, there's a couple things

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things to highlight about what my client intends to do with this and why we think a triplex is

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the right time for it. The area itself does have, there is some blight in the area.

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Vacant lots are being trashed. This will eliminate that. It is a deep lot. It can fit a property of

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this size. And we're going to be able to allow much more affordable, in a time where interest

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