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Hearing audio

ZBA Hearing - January 28, 2026

Philadelphia Zoning Board of Adjustment (ZBA)Jan 28, 20267h 52m

the 40 pages of review unless there's any clarification.

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The second category of refusal here pertains to the building signage, which, again, would all have been permitted under the prior CMX2 zoning.

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It is not common for property owners to get approval for signage before their building is even complete.

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First, freestanding signs are prohibited in CMX1.

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Second, the amount of signage slightly exceeds the maximums allowed by less than 10 square feet on

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the front neck side and roughly 60 square feet on the Cotman side. At Exhibit 8, I've included

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the proposed signage plans. These signs are entirely consistent with the size and location

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contemplated in the original zoning set. The Cotman side, which is shown up on the screen,

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proposes 90 square feet of signage, where only 30 square feet would be permitted in CMX1.

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Visually, that would be as though only a sign slightly larger than this proposed subway sign

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would be permitted on the entire Cotman frontage of roughly 135 feet, and would certainly be

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insufficient to properly identify two separate tenants. The building frontage itself is set back

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from the first lane of vehicle travel by nearly 75 feet.

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The signage on the Frontenac side is only slightly larger than even the CMX1 allowance

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and predominantly identifies the multiple tenants that are on the second and third floor

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and is placed above the entrance to those spaces.

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It does also serve to identify the subway, which occupies that corner tenant space.

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If the CMX2 zoning were still in place, the building could have 234 square feet of wall

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signage where only 142 square feet is proposed.

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Finally, as was contemplated at the time of the initial approval, a corner monument sign

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is proposed to identify all of the building tenants.

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This is a standard monument sign that you would expect to find on a strictly commercial

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property and is critical to ensure that the various tenants can be quickly and

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safely identified from the main roadways. The sign itself complies to the

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The sign itself complies to the dimensional allowances that would have been in place under CMX2 zoning, which is the most appropriate dimensional comparison since freestanding signs are not permitted at all in CMX1.

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dimensional allowances that will

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Naturally, all of this was entirely outside of the applicant's control as they permitted their

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project in accordance with the zoning standards that were in place at the time, as well as in

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accordance with L&I's typical procedures and standards, which unfortunately do not always

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contemplate intervening rezoning measures that render a building like this one in perpetual

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purgatory without grant of relief. We submit the proposal will not increase congestion,

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harm neighbors properties or impair light and air full analysis is provided in the memo of law

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submitted to the board at tab 12 and like i said i'm happy to go into any additional detail uh on

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any aspect of this should you need it uh at this time if the administrator could look for manish

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patel manish if you could raise your hand so they could identify you property owner manish

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Mr. Chair, this is Jason Handel. I'll be taking over for this session as co-host.

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Manish Patel will be coming back in as a panelist.

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Thank you.

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You're welcome.

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Hello.

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Hi, could you please state your name and spell for the stenographer?

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Sure. My name is Manish Patel. P-A-T-E-L.

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Why don't you spell your first name, too, please?

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Manish, M-A-N-I-S-H.

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

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Yes, I do.

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Counsel?

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Thank you. Mr. Patel, you've been present for today's session and have heard all of the testimony and evidence that I offered in front of the board today?

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Yes, I did.

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do you agree that that testimony is true and accurate and would you adopt it as if you had

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provided it to the board yourself yes i do we're happy to answer any questions questions from the

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board questions or comments from our attorney hillary emerson not at this time mr chair

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question or comments from the virtual audience or the current audience hi why don't you sit down

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good afternoon chairman members of the board alice yudovich on behalf of councilman brian

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and you also what's the first time moral leaders i've ever seen you here um do you

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swear or firm to tell the truth the whole truth nothing but the truth i do okay please proceed

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the chairman has i mean the councilman has no objection to the granting of the variance

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at this location i am aware that he changed all of the cmx2 properties in his district to cmx1

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and created a hardship in this case all right thank you very much for coming down alex we're

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glad to meet you in person uh anyone else in the audience play any commission thanks mr chair

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thank you chairman and good afternoon david fecto with the city planning commission

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chairman and board members the comprehensive plan recommends a change in zoning at this location from

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from cmx1 to cmx2 commercial mixed use the city rezoned this neighborhood in 2022 and a council

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requested map change the city planning commission recommended against this map change proposed

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takeout restaurant would be allowed with a special exception in cmx2 and the freestanding

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accessory sign would be allowed by right the short side sign non-conformance is de minimis

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and the dimensions of the long side sign will while in excess of the code's allowance

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is proportional and consistent with the scale of signs for similar businesses elsewhere in

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the neighborhood. The City Planning Commission recommends the board grant a proposed use and

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dimensional variances. Thank you. MI 2025-005-602-1729 Cotman Avenue. I vote yes.

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michael johns michael johns my vote is yes

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daryl gaston my vote is yes

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sineta graham my vote is yes

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ryan mcadams my vote is yes

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i win my vote is yes

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thank you

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thank you

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number three

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mi2025-005-129

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912-14 south front street

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rachel pritzker is the attorney

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back in as a panelist now chair sure

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so there's a letter of support from queen village neighbors

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and a letter of non-opposition of a council member squilla

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good afternoon council could you please state your name and spell it for the stenographer sure rachel

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Counsel, could you please state your name and spell it for the stenographer?

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Sure. Rachel, R-A-C-H-A-E-L, Pritzker, P-R-I-T-Z-K-E-R.

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

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Yes.

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Counsel, could you identify your client, a relationship to the property?

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Yes. So my client is Justin Beese on behalf of the owner of the property.

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And our vice chair has a few questions for you.

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Sure.

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Good afternoon.

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um have you uh submitted your documents and exhibits five days in advance of this hearing

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yes and did you waive the reading of the refusals and stipulate to their accuracy

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yes okay thank you you can share your screen and proceed with your case

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okay thank you i'm sorry i got a new camera and it's making me look really really far away and i

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do not know how to fix it so i apologize i thought you were backing up from us or something here no

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Oh, my camera broke. So, sorry, you're seeing my whole office. Luckily, I cleaned it. So, okay.

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Can you see my screen? We can. Okay.

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Okay. So here's a copy of the refusal. As mentioned, this is 412 to 14 South Front Street.

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This site is owned RSA 5, and we're proposing a lot line relocation to create one lot from three

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lots to demo the existing structure, which I'll talk about in a minute, and to erect three single

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family homes with a shared driveway and parking spaces two per property on this site the prior

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approval for this project which i think was 2024 by this board allowed for six units in this

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existing structure but the plan that we've proposed is more in context with the surrounding

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block and neighborhood which is single family homes and so you know we're reducing what's

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allowed there by taking three units off and having three single-family homes. A lot of the refusals

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that were generated, the three here on the screen, are because the lot is on RSA 5. We're not

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proposing multifamily, which is what was already approved, but putting three homes with a shared

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driveway on the same lot triggers multifamily. So that's a lot of these refusals. It's also worth

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mentioning that while we originally submitted for 44 feet in height for the properties from the

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permitted 38. We've reduced that to 42. And as we'll show in the plans, we're asked to provide

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a lot of off-street parking for these homes and remove the front-loaded parking. So we have now

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ground floor parking, which required no living space on the ground floor. So a little bit of

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that extra height is so that we can have more livable space and accommodate the off-street

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parking. This is the application. I just want to get down to the photos. This is the deed for the

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property. So as I mentioned, it's RSA 5. It's comprised of these three lots. It's these two

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here and then this sort of odd-shaped rear one. And it's bounded by single-family homes in the

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front and in the rear and then it it is directly adjacent to a baseball field so there's nothing on

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the right side and you'll see we oriented the three homes so that it's not attached to there's

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like a fence between the property and the ballpark so we oriented in this way just so that we don't

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have the side of a house next to a baseball an active baseball field again just showing

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sort of the weird makeup of this you'll see when I show you the aerial that despite this being

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three lots the existing structure takes up almost 100% of this these three lots together even though

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they were not you know properly consolidated so part of the work here is to consolidate those

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and then getting these two properties here and then this sort of squared shape one in the rear

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the same thing and as mentioned this is the pretty large baseball field and rec center

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directly adjacent so this is a visual like i said of this property um just click on this

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just so you can see this is the existing structure that's there it has front loaded

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parking right now via a curb cut and then goes stretches you know all the way back to the rear

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of the property this will this was approved for six units we're demolishing this and just putting

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three single family homes with parking removing the front loaded and doing a dry vial so that you

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don't have this backing up into south front street situation that goes now and again as you can see

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um this baseball field here is kind of a unique adjacent probably you know situations are trying

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Trying to orient the home so that the side of them is not against a baseball field was part of the design here.

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to orient the home so that the side of them is not against a baseball field was part of

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Again, just more of an aerial for the existing property.

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This is just the zoning posters.

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Again, as you can see, the current property next to this fence, which houses the baseball field.

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This is the current structure from the front.

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So kind of like unique, out of character.

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And again, it was six units approved in this structure. So a little bit odd

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for what's already, you know, next to that block. Again, the sort of front parking conditions,

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a lot of the concern with the neighbors was just like not having, you know, the parking be front

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facing because nobody else's is like that. Even though this is a lot wider and bigger of a lot,

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it's a little over 5,000 square feet. And obviously, you know, eliminating, putting a

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home here and having a more clear drive aisle will also help with safety and traffic and allow again

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not as big of a difference between what's there and what's being proposed just another front

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view of this i'm sure someone thinks this is lovely but i think what you'll see we're providing

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a little bit more in context with what's there and again just an angle so you can see the baseball

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field that was one of the main things we were looking at how do you you know put single family

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homes here without having your sidewall be attached to a baseball, you know, baseball

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field here with that fencing. This was the prior refusal for the eight units. It was originally

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proposed as eight units, but it was the board granted six units via proviso, maximum six

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units. Again, we're reducing it by three. So it's just three single family homes, which

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obviously the community was more supportive of. Again, putting three single family homes on one

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lot causes the refusal for multiple principal uses we will do pud documents if we are granted

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a variance through the building permit process also we'll do the pud documents plan unit development

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so they will be three separately deeded properties but we can't subdivide them through this process

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in the way that we want to orient them so again they make sense for the site this is just where

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in the code we don't meet as mentioned we met with the community we had a lot of back and forth with

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them through multiple revisions, but we originally met with the Queen Village Neighbors Association

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on November 12th, and they asked for a number of revisions, which we made. One of them was not

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having any front-loaded parking, so when we show the plans, you'll see that all the parking is

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located interior to the site. None of it is front-loaded. They wanted us to align as much

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as possible with the Queen Village overlay, so we put a window in the front so that it matched up as

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best we could on the front um property we reduced the height um by two feet while also keeping

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again enough clearance for the driveway and enough livable space for hopefully families

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um and i think the only other thing um we did was driveway lights and height those three those

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three items um we met with them a number of times both like this and through their you know back

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and forth with the committee. We met with them December 20th, 11th, December 12th and 11th also

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to show them those changes. And then ultimately as a result of sort of that back and forth in

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collaboration, they submitted a letter of support for our application. The meeting wasn't crazily

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attended by a lot of people, but they were very involved with the process and all the adjacent

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near neighbors, at least two or three from the block, you know, expressed mostly concerns around

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construction you know how is this going to affect them are we going to dig up the driveways and so

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we've you know given contact information and and assured them with some of that stuff as

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much as humanly possible we also have a letter of non-opposition from councilman mark squilla

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and we did submit the proviso plan form um and the plans to you know address the um

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the revisions we made i'm just going to pull up the plans or if we can promote zamir

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garcia our architect to go through the plans

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mr garcia

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Okay, they will be joining as a panel shortly.

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Thank you.

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Okay.

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Thank you.

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i'm mr garcia

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hello good afternoon hi good afternoon could you please state your name is spelled for the

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stenographer yes um zamir garcia z-a-m-i-r g-a-r-c-i-a do you swear or affirm to tell the

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truth the whole truth nothing but the truth i do counsel please proceed thanks um zamir i want to

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just um i have the plans up on my screen so if you could just uh walk through it that would be

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helpful. Definitely. This plan shows the existing conditions where Rachel was mentioning the

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existing home occupies most of the lot. And there's a shed at the rear as well and a pergola

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in the backyard and the drive up at the front. It is, as we talked earlier, it is a large lot.

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there's 37 feet wide frontage on Front Street. So that's how we were able to accommodate for

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these entry drive-out. The next slide shows the overall view context of the site. To the north,

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there's a cluster of single-family homes that are three stories brick at varying heights.

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And styles. And then to the rear, there is a cluster of a gated community there off of Christian Street, 112 Christian Street.

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