civus
Hearing video

ZBA Hearing - October 27, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Oct 27, 20215h 40m

And our certificates of mailing, which for some listeners are also not voting.

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The application for appeal that you see here.

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And the project information form, as well as our certificate of tax clearance here.

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um so with that if i can have joe out of seven raise his hand so that he can adopt my testimony

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that would be great

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if not i can stipulate as an officer of the court yeah we'll stipulate you being an officer court

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your client would have adopted your testimony any questions from the board no mr jim

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Anyone else to testify in this case?

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If so, please raise your hand.

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There are no hands at this time, Mr. Chair.

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Thank you. Planning Commission.

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Good afternoon, Chair.

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Peter Bernard for the Planning Commission.

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The property is indicated for commercial mixed use in the comprehensive plan.

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We feel the applicant has demonstrated a sufficient hardship for the commercial use.

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accordingly the planning commission recommends the board approve the variance thank you mi 2021-002

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9-1-1 2601 reed street my vote is yes professor plaza yes james snell yes thomas holliman my vote

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is yes to the court reporter we have four more cases uh do you need a break chair i would

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appreciate one thank you okay it's four o'clock we'll be back in 10 minutes thank you

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You

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okay good afternoon everyone again it's 4 10. um mr kelly you're back

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I am chair. Thank you. Okay. Uh, we're ready to proceed. Uh,

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um, yes, Mr. Case is nine and 10. I think we're going to be hearing them together.

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MI 2021-002901 3623 Fairmount Avenue. Meredith Ferliger is the attorney of record,

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mantua civic association sent a letter of support and mi 2021-003026 3801 fairmount avenue

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um miss ferlinger ferlinger and uh the match was civic did send a letter of support

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do you want to hear these both together yes please okay please identify yourselves by your

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name and i'll swear you in sure meredith ferlinger f-e-r-l-e-g-e-r of the law firm

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delworth paxton 1500 market street suite 3500 e philadelphia pennsylvania for a firm to tell

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the truth the whole truth nothing but the truth i certainly do thank you mr plaza has a few

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questions for you yes miss farlinger you agree to waive the reading of its refusal and stipulate

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to attack RCA? Yes. And have you emailed an exhibit packet with the required documents,

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proof of ownership, proof of tax compliance, copy of the refusal or referral, photos and plans five

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days prior to this hearing? Yes, to all the above, for both. Okay, and have you met with the

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RCO and have a letter? Yep, the letter is in the packet. Thank you, please proceed. Thank you.

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Good afternoon, Mr. Chairman, members of the board. As I mentioned, my name is Meredith

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Verlager, and I have with me here today my client, Rami Schrein, the owner of both of

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these properties. The request before the board today concerns two properties in Mantua, located

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at 3623 Fairmount Avenue and 3801 Fairmount Avenue, both which receive support from Mantua

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Civic Association. Now, the reason that we are presenting these cases together, and to give the

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board a very broad overview of why we're here, both of these projects had permits prior to Mantua

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being rezoned. Due to COVID-related issues with L&I and the timing of the building permit

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submissions, the zoning permits expired. And so we were forced to reapply. Of course, the lots are

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now zoned RSA 5 as a result of the Mantua rezoning. So what were the previously approved

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by-right multifamily projects are no longer by-right. So let me walk you through these in a

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little bit more detail now that you have the broad context of why we are here. To orient you to these

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two particular properties, you can refer to the zoning map I have up on the screen at Exhibit 7.

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3623 Fairmount Avenue is just off the corner of North 37th Street and 3801 Fairmount is right at

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the corner of North 38th Street. Both lots are between 1300 and 1500 square feet. Now regarding

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the specific proposals and let me just bring up some renderings for you. For 3623 Fairmount Avenue

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The proposal is for a three-story structure for a four-family dwelling, so four units.

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3801 Fairmount is also a three-story structure, but this one will have three units.

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All of the units average around 800 square feet or greater.

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The units are intended to be for sale units at below market prices at around $250,000 per condominium.

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My client has also been working with the councilwoman regarding his intent to work with the local housing agencies in the area when it comes time to.

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his intent to work with the local housing agencies in the area when it comes time to sell these

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proposed condominiums. He's been working with Andrew Budman in her office not just on these

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projects but on other projects he has in the area as well. The design of the structures is intended

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to match the surrounding neighborhood including the front setbacks, porches, and the brick facades.

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Trash for both of these is stored in the rear and is collected by a commercial hauler several times

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a week. So now turning to the refusals themselves, as I mentioned, both of these projects were

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previously approved. So as you can see in Exhibit 8 that I'll bring up on the screen here,

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3623 Fairmount Avenue was permitted on July 7, 2016. 3801 Fairmount Avenue was issued a permit

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on August 23rd, 2016. As you can see on the top of both of these permits, the properties were zoned

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RM1. Now, it took some time to secure financing for the projects and get the construction drawings

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drawn up. So, the specific timeline of what happened here is reflected in my email that I

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sent to Curtis Daniel, who's the development director over at L&I. Rami and his design team

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attempted several times during 2019 to secure the one-year permit extension that's permitted

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by the zoning code at section 1430310d. L&I was unresponsive. As you're likely aware,

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when COVID then started in March of 2020, L&I issued a subsequent extension to all permits.

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With the one-year code extension plus the COVID extension, both of these permits would have

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remained valid until January 2020 and February of 2021. Having still received no response from

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L&I, they submitted for their building permits. At that point is when I reached out to Curtis

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to resolve the timing issue. Again, even I received no reply. So after many attempts,

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we ultimately determined that we had no choice but to submit for new zoning permits and get the

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process started again. So, of course, as you're aware, Mantua was rezoned about a year after the

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permits were first issued, as is shown in Exhibit 10 at the remapping bill. The properties were

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rezoned to RSA 5, so the previously approved projects now generated use variances for the

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proposed multifamily use. As the refusals reflect, the sole refusal here is for the use, which is as

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a direct result of the rezoning. Nothing else about the projects has changed from the way that

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they were originally approved. Not only did Rami purchase the properties as RM1 properties,

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but he invested significant time and resources into securing permits and preparing detailed

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construction drawings for these exact projects. Now, despite the rezoning, the proposals are

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consistent with the character of the immediate area. The blocks contain a mix of multifamily

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uses mixed with some remaining single family, as well as some vacant land. This is precisely the

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reason why Mantua Civic felt that a condominium proposal would be ideal for these blocks.

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There is a large 10-unit complex directly next door to 3623 Fairmount, as well as a four-unit

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proposal recently approved by this board at 3605 Fairmount and 3606 Olive Street. There are several

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other examples of the mixed multifamily character of the blocks at Exhibit 14. The density proposed

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here is less than many of the surrounding structures, and the multifamily condominiums

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will represent a nice blend to the mixed character of the street. As always, we do submit these are

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the least minimum variances, and the proposal will not increase any congestion, harm neighbors'

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properties or impair light and air. Full analysis is included in the memo of law at tab 10.

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Now, also, as an aside, should the board require any further authority to grant these variances,

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we do also submit that this particular situation meets the legal standard to grant my client these

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variances on the basis of having a vested right to these proposals. Should the board require it,

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I would be happy to walk you through the specific elements that would entitle them to a variance

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based on the vested rights theory here. With respect to the community, as you know,

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Mantua Civic did issue a letter of support at Tab 16. And aside from formal Mantua,

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the formal Mantua meeting, Rami did also meet and discuss the project with several other

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your neighbor separately shortly after Mantua's meeting. So at this time, I will call up Rami

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So at this time, I will call up Rami to adopt my testimony, and then we'd be happy to take any questions.

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to adopt my testimony, and then we'd be happy to take.

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Rami Shreim, please.

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Mr. Shreim, when you get on, please spell your full name, and I'll swear you in.

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Mr. Shreim, you've been unmuted. Please wait for the chair.

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hello this is rami shrine spelled r-a-m-y s-h-r-a-i-m 433 north 32nd street

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Philadelphia Pennsylvania you swear or affirm to tell the truth the whole truth nothing but the

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truth I do please proceed uh rami have you heard all of my testimony given at the board today

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yes and would you agree that that testimony was true and accurate and would you adopt that

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testimony as if it were your own i do thank you any questions questions from the board

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no mr chairman no no anyone else like to testify in this case please raise your hand

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there are no hands at this time chair thank you uh planning commission

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good afternoon chair peter bernard for the planning commission

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this property is indicated for single-family residential in the comprehensive plan and was

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recently remapped we recognize the project was previously approved under the previous rm1 zoning

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and has only returned due to expired permits accordingly the planning commission has no

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objection to the board granting the variance variance that were both uh peter 3801 and 3623

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Fairmount? Correct. Thank you. MI 2021-0029013623 Fairmount Avenue and MI 2021-0030263801

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Fairmount Avenue. My vote is yes to both. Professor Plaza, yes to both. James Snell,

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yes to both thomas holliman yes to both thank you number 13 thank you number 13 on our list

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mi 2021-002-908-5115-39 bellfield avenue according to my notes penn area neighborhood

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association was not able to reach an agreement regarding this application but further note says

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if the board were to approve this they would ask that it would be approved with revised plan two

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pages miss pritzker is the attorney of record good afternoon chairman members of the board

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afternoon please identify yourself and i swear you in yep rachel r-a-c-h-a-e-l pritzker p-r-i-t-z-k-e-r

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1635 market street suite 1600 philadelphia pa 19103 you were sworn in earlier today you're still

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under oath i was not sworn in chairman no i'm sorry uh do you swear affirm to tell the truth

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the whole truth nothing but the truth yes that's right your case was continued uh mr uh plaza has

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some questions for you yes miss prisker you agree to waive the reading of its refusal and stipulate

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of its accuracy yes and have you emailed an exhibit packet with the required documents

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proof of ownership proof of tax compliance copy of the refusal or referral photos and plans five

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days prior to this hearing yes and have you met with the rco and have a letter yes thank you please

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for a seat. Thank you. I'm going to share my screen. This is our application for 5-1-1-5

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Belfield. I'm going to bring up the refusal. This is a large 116,398 square foot I-2 existing

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industrial structure. It was previously designated as historic by the Historic Commission with

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support by the owners. It was the previous site of a storage facility for LaSalle, although there's

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no records of that besides just knowing that LaSalle had ownership, but more important than

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that, before it was a light industrial use by Dittmart-Penn, but has not had any viable

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productive use since its donation to LaSalle University. My clients purchased the property

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in 2020. Our proposal here is for the erection of basically just an addition connecting the

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two existing structures. There's a two-story and three-story existing buildings that we're

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buildings that we're going to be adaptively reusing as per our proposal for 77 units with

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going to be adaptively reusing as per proposal.

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67 parking spaces, including three accessible spaces, four electric parking spaces, and 30

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bike spaces. The only variance, as you can see, is just for use as multifamily or any residential

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use is not permitted in I-2. As I mentioned, the previous use of the property dates back to the

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80s and had since been vacated for a long time and just used for short storage although there

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was no use permit that I could find to that effect. Again it's a 116,398 square foot building

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literal enforcement of I2. It presents a hardship. I'm going to just show the site quickly so you

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can see. The layout is quite unique compared to most other industrial sites. It's kind of oddly

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shaped. And so as you can see, it's sort of like in an island of itself, Armstrong, Bellfield,

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and Worcester streets. It is surrounded completely by, this is, although to the right here is RSD,

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it is just vacant parkland there's parks here and then green space here and then as you can see a

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lot of residential single family this ICMX property behind I'll go into in a little bit

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that was actually it actually obtained zoning relief for a variance for I believe it's 30

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residential units so really there's no industrial uses that are being utilized over here and mostly

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residential uses. And as you can see from this aerial, again, we're kind of in an island on our

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own. This is an aerial view of the site. As you can see, it's a pretty dilapidated industrial

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structure. Again, it's two two and three story structures. And the only addition we're making

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to it is just to help connect the two buildings so that individuals can walk in between them

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and just sort of come with a little bit of a better layout. There's a mixture of landscaping

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and graded area. One of the hardships that we found, besides the fact that obviously it sat

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vacant for quite some time with no viable industrial use, is that the property is really

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ill-equipped for sale or rental for uses that are permitted in I-2. The property's multi-story

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structures, uneven terrain, single vehicular access point, and chopped up parking arrangement,

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half a dozen small parking lots are scattered across the site rather than one large lot,

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makes it an extremely poor candidate for modern-day industrial use, as does the fact that it's in a

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district not near highways, freight trains, and is surrounded by residences. The city's 2035

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Upper Northwest District Plan states only one percent of the district land is currently zoned

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for industrial uses, which sort of highlights the past and present ill-fitting nature of industrial

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use on this property. It doesn't really feature, the plan doesn't really feature an extensive

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discussion of the private market's appetite for industrial properties, but several of the other

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district plans do. And we find that in alignment with those plans and just industrial uses across

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the city, the comprehensive plan strongly recommends allowing for vacant industrial

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zone parcels to transition into other uses. So we find that, you know, given the hardship of the

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site, its location next to residential, the fact that it's in incredibly poor condition and sort

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