civus
Hearing video

ZBA Hearing - February 19, 2025

Philadelphia Zoning Board of Adjustment (ZBA)Feb 19, 20254h 55m

employees two at the counter three doing grill and salads two making pizza and one in the basement

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doing dishes and prep and four drivers and again trash pickup every day except sunday between the

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hours of 6 30 and 7 30 a.m the rco meeting notice is here we met on january 28th at seven o'clock

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with ccra it was emailed out shortly thereafter to 141 properties in total this property is right

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across from a pen hospital which it serves i think is a big reason for its success the mailing list

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the proof of mailing you have an application for appeal this you know my apologies should have been

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an application for special exception appreciative that it was accepted in that form the lease to

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the property you can see lazaro's dining room in the top left corner the owner of the property is

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not here today but is supportive of this business on the next page you'll see that the commencement

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date was 2018 the the term of the lease is until 2028 with automatic renewal

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and the proof of tax clearance showing no taxes are at this point i'd like to ask my client to

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adopt my testimony please yes my name is halim asdari could you just get a little pull the pull

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towards you a little closer that's right please state your name and spell for this my name is

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I'm Halim Asdari, H-A-L-M, Asdari, A-S-D-A-I-R-I.

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I'm the owner of Lazarus Pizza.

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No, still can't hear him.

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Is the button pushed?

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It is.

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All right.

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Get it a little closer to the thing.

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Pull it all the way towards you.

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that's it okay my name is halim as dairy h-a-l-i-m as dairy a-s-d-a-i-r-i i'm the owner of the pizza

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That's it.

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Okay.

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My name is Halim Asdari, H-A-L-I-M.

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lazarus pizza 1743 south street right do you swear or affirm to tell the truth the whole truth nothing

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but the truth yes council please proceed um halim did you hear my testimony today yes and was it

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true and correct yes and would you adopt it as your own testimony yes thank you questions from

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the board are there any bathrooms in the 1743 property i don't believe so are there bathrooms

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on the left side 1743 where are those bathrooms 1743 yes can you expand at what else is happening

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in the basements there's a prep area okay any other questions questions or comments from our

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attorney not at this time mr chair questions or comments from the audience

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chair we have a dominic long with the hand raise a woman and i have someone in here too mr feinbush

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could could you sure sure mr mr feinbush just for the record just for the record state your name

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and you've already been sworn so please proceed i'm the immediate property uh owner jason 1745

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These guys have been great neighbors for over a decade, and I couldn't be more supportive of their application.

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Thank you very much for your comments.

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Do we have someone on that virtual audience?

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I see no hands.

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I'm sorry.

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Their hand is raised again, Dominique Long, and they have been promoted to panelists.

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

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I'm with some shoes that fit me, Alyssa.

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Hi, could you state your name and spell for this one?

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Yes, my name is Dominic Long, D-O-M-I-N-I-C-L-O-N-G.

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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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Mr. Long, are you a neighbor?

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No, I'm calling him on behalf of the Second District Office of Council President.

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Okay, thank you.

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Please proceed.

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Yeah, I just wanted to let everyone know that he's in non-opposition to the project.

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thank you chairman and good afternoon david vecto f-e-c-e-a-u with the city planning commission

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do we see anyone at all we keep hearing voices cutting in

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okay good good please do you swear we're referring to tell the truth

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excuse me this is the reporter it appears that the chairman is cutting in and out hello

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that's fine sir okay please proceed thank you sir mr chairman and board members the

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comprehensive plan recommends no change to the cmx2 commercial mixed-use zoning at this location

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the appellant has shown their proposed takeout restaurant will have no detrimental impacts to

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the neighborhood beyond what might be expected the city planning commission recommends the

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board grant her post special exception for a takeout restaurant. Thank you. MI 2024 006 828

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1741 South Street. I vote yes with proviso. Her amended refusal dated 129-25. Uses limited to

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first floor and basement. Michael Johns. My vote is yes with proviso. Cheryl Gaston. My vote is yes

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with Proviso.

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To that agree, my vote is yes

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with Proviso.

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My vote is yes with Proviso.

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Ishmael Shaheed, my vote is yes with Proviso.

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Thank you.

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We're going to go back

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to 2400 Washington

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app. Mr. Mattione.

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so mr mattioni you've already been sworn could you just state your name for the record please

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sure michael mattioni m-a-t-t-i-o-n-i could you identify your client the relationship to this

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property 24th street properties llc and they're the owner of the property and my dang the principal

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is here our vice chair has a few questions sir good afternoon council do you agree to

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Good afternoon, counsel. Do you agree to waive the reading of the refusal or stipulate to its accuracy?

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way the reading of the refusal or stipulate to its accuracy. Yes.

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Yes.

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He meld in all the required documents and exhibits as needed to proceed with this case five days in advance of this hearing.

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Yes.

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Thank you, counsel. Please proceed.

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Thank you.

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Where's the screen share?

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To share the screen, I was...

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It's not up yet to share the screen.

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there we go thank you we see it again um michael mattione and i represent 24 street properties llc

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the owner of the site at 2400 Washington Avenue and I have with me my dang the developer Carolina

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Payne our architect is also here today and as you can see up on the screen we handed in the tax

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clearance refusal we have support letters from the Point Breeze Community Development Coalition

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they're the coordinating RCO and the Washington Avenue Property Owners Association and other RCO

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in the area we also have the support of the North of Washington Avenue Coalition although

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this is outside of their RCO area. And we also submitted the zoning site plan, renderings,

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street site plan, landscape plan, sections, floor plans, photographs, prior zoning permits for this

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property, information regarding surrounding properties, proof of mailing of the notice

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for the RCO meeting that was on January 28th, I believe, and a deed. And what we're seeking are

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are several variances for an adaptive reuse of this long-standing former industrial site into

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a mixed-use residential and commercial site, similar to what was approved by the Zoning Board

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in 2008. So this has got a long history of these uses. This proposal is different than many others

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that have happened recently on Washington Avenue. This proposal is an adaptive reuse

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of the existing structures, which some of them date back to 1890 rather than demolition

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and building new structures, which has been the case with most of the new development on Washington

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Avenue. As you can see, we have three, basically three buildings are all interconnected, but three

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buildings that have been here for a very long time and go back to the industrial past of the street.

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These structures exist mainly on Ellsworth Avenue and 24th Street and not a lot on Washington Avenue.

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Again, the bulk of the property, boarding on Washington Avenue, is vacant and will be repurposed into a parking lot for the proposed redevelopment.

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And again, if you were to build on the front part of the property, you wouldn't see the buildings that are being adaptively repurposed.

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So it would defeat the purpose of saving the existing structures that are already there.

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in 2007 the owner applied for and in 2008 received approvals for a mixed-use development

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consisting of a supermarket nine commercial spaces on the ground floor seven new retail

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spaces on the second floor with a sit-down restaurant and banquet hall also on the second

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floor and offices on the third through the fifth floors because the one part of the building is

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five stories tall. In addition, there were 125 parking spaces that were all approved

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back in 2008. This is a similar proposal. However, instead of offices in the five-story

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part, we're having three floors of residential uses.

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And, whoops.

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see here's the zoning site plan and you have a two-story structure

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the five-story structure a new infill small little two-story structure and again the other

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two-story structure along with the parking lot

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and the floor plans show in the parking lot supermarket inside parking for the residential

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uses, food court, I'm sorry, commercial uses and other commercial uses also on the first floor. And

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at the corner of 24th and Ellsworth, a residential lobby, which will bring life to the community over

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there. On the second floor, you have a mezzanine for the supermarket offices. These offices all

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have windows that look out on Ellsworth Avenue. And in here, you have a food court and a sit-down

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restaurant. On the third floor you have 10 residential units.

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On the third floor, you have 10 residential units and an outdoor roof deck area for outdoor

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space for the residential units.

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There are 30 total residential units, 21, and just the fourth and the fifth floors mirror

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the third floor other than not having a roof deck.

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There are 30 residential units, 21 one-bedroom units, nine two-bedroom units, seven one-bedroom

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and three two-bedroom units on each floor.

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In addition, the parking lot will be renovated and brought up to modern standards with landscaping

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as required by the zoning code and stormwater management where none exists now.

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Again, this is a former industrial site.

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It can't be used for industrial purposes anymore.

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They've tried, and they couldn't do it, and that's why in 2008 they got the approvals that they did.

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For some other reasons, they were unable to build at that time.

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The community will benefit by having services provided, including a supermarket, commercial spaces, restaurant, food court, and residences.

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It's because of all the other new residential uses being developed on Washington Avenue, which I'll get to in a minute.

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So, again, this area, it's Zone I-2, Washington now is in a state of change, several new developments on Washington Avenue, which, again, have become mixed-use commercial on the ground floor and residential above.

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When you look at the refusal, you will see that we got refusals because of just uses.

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The residential living is refused.

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Retail sales of food, beverages, and groceries is refused.

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That's a supermarket.

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sit-down restaurants refused, vacant commercial space on the first floor is refused. The only

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thing that's not refused is professional offices because they're permitted in the I-2,

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and we got a refusal because we only have three loading spaces where six are required.

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So if you go to across the street, you can see 2201, 2101, 2401, and 2501 are all

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substantial mixed-use residential and development, mixed-use and commercial development with

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commercial development on the ground floor and residential units all above. Some of these

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projects, 2401 and 2501, have actually had the zoning changed to IRMX, but 2101 and 2201 have

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I2 zoning, just like this property. This property has been vacant since 2004, basically. They use

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it for storage, but it's really not a use. In 2008, they would have gone ahead, but the recession

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hit, and they had some other problems. Starting with 2101, you have 247 residential units.

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You have 90 residential units in 2201. In 2401, you have 82 residential units, and in 2501,

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you have 97 residential units. Again, since 2004, there have been use variances granted for this

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property to allow the adaptive reuse of the property. That's what's different about this

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one. All these other projects are all brand new construction. This is trying to take the existing

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industrial buildings that are there and repurpose them rather than tear them down and build new.

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And again, if you were to, some people are going to say, well, you should have buildings up on

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Washington Avenue. But if you do that, then you don't have the ability to see the existing

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buildings and it would be blocked and it would almost defeat the purpose of

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trying to do an adaptive reuse of the existing structures.

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so when you look at this the layout location and existing structures on the property combined to

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create an unnecessary hardship to the land that supports the development of the property as

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proposed property has unique features it's got a large open air parking lot five-story existing

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structure they create hardships for the possible uses permitted in the i2 zoning class these

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permitted uses are no longer feasible the requested variances are the minimum required to make use of

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the property. The one- and two-story provisions, I'm sorry, the one- and two-story portions of the

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property are proposed to be used as commercial or office, consistent with the commercial and office

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uses on Washington Avenue. The upper three floors are proposed to be residential structures,

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and that's also consistent with the other new construction on Washington Avenue, where you have

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residential units above, and that's this part of the building. The top three floors will be

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residential. The rest will be commercial or office, restaurants, commercial, retail, supermarket.

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The grant of the variance will be in harmony with the zoning code as it provides for an

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orderly adaptive reuse of the property. The grant of the variances will not substantially

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The grant of the variances will not substantially increase congestion, but permit the use of the property in a manner that benefits the public by adaptively reusing the long vacant structures.

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increase congestion, but permit

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The grant of the variances will not impair light or air to the surrounding properties as no changes in height or bulk is being proposed.

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The grant of the variances will not overly burden public facilities, but will allow for the orderly development of the property consistent with surrounding uses.

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It will have less burden on public facilities than some permitted I-2 uses would have.

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The grant of the variance is consistent with the comprehensive plan for the area. The comprehensive plan recommends IRMX zoning. If the property was zoned IRMX, no variances would be required for this adaptive reuse of the structures as proposed, as all the proposed uses would be permitted by the right.

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the grant of the variances will not create any environmental damage and will likely lessen the

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risk of environmental issues compared to a vacant site and the property will have stormwater

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management where none exists now reducing the adverse environmental impact of stormwater runoff

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from the site as none presently exists so for all of these reasons we believe that the requirements

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have been met and that the requested variances should be granted

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so what i'd like to do is call on my dang

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could you lean forward could you please state your name and spell it for the stenographer

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good afternoon everyone my name is my first name is m y last name is dang d-a-n-g

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

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absolutely please proceed counsel thank you mr chairman and my did you hear my statements

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and are they true and correct

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yes

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yeah let's sort of kind of figure out and if they don't have that i'm

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i'm sorry this is the reporter i'm not hearing anything now

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neither am i michael try yours hello

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i can i heard that okay okay all right are we back again mr johnson yes i i hear you now yep

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thank you okay um i think we are are they true and correct yes and do you adopt them as your

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testimony yes i have no further questions from ms dang questions from the board uh yeah i have a

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