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Hearing video

ZBA Hearing - August 17, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Aug 17, 20215h 9m

have another meeting scheduled for this Thursday.

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I am optimistic, cautiously optimistic,

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that they will work out the final details so we can resolve this uh case so that is why there is

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that they will work out the final details

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so we can resolve this.

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no packet and that is why we are asking for continuance thank you so without any objection

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mi 2021-001115 7037 ogons avenue is continued thank you very much enough of that i will leave

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you thank you anyone else requesting a continuance or withdrawal please raise your hand

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chair we have paul curtis please unmute yourself and wait for the chair

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good afternoon mr curtis please identify yourself with a record and i'll swear you in

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hi this is paul curtis i'm the uh applicant for 4363 the attorney for the applicant i mean i mean

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i am the attorney for the applicant for 4363 pain street last name please

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Curtis C-U-R-T-I-S

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Do you swear if I'm to tell the truth

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the whole truth nothing but the truth

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I do

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This is the fourth listing sir

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It is

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What is the problem we're having here

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I apologize

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This has basically just been an issue

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and I will be forthright

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it's been mostly on my end

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as far as just coordinating things

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though I do have a better handle on it

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And I do under think, I am very cautiously optimistic that we'll be able to handle things for the next listing.

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I don't anticipate any other continuances if I get this one, sir.

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This is rather unusual.

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We'll continue this case as a must be heard.

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MI 2020-000299, 436 Street, Main Street is continued.

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Must be heard.

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Thank you, sir.

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Anyone else requesting a continuance or withdrawal?

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I see no handshare.

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Thank you.

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First case, number one, MI 2021-000979.

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2003 North 9th Street.

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Daniel Auerbach is the attorney of record.

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we have not at least as of yet i believe not received a letter from the rco

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he's not in attendance at least not under his name chair and there's no hands

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Oh, hands are up. MI 2021-000979-2003 North 9th Street Street. Continued. Must be heard.

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Number three on our calendar. MI 2020-0002957-2442 North 20th Street.

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ms pritzker is the attorney of record

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and according to our notes we've not yet received a letter from the rco

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ms pritzker i'm sure will explain that to us

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good afternoon hi ms pritzker please identify yourself and i'll swear you in

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Rachel, R-A-C-H-A-E-L, Pritzker, P-R-I-T-Z-K-E-R, 1635 Market Street, Suite 1600, Philadelphia PA 19103.

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You swear and affirm to tell the truth, the whole truth, nothing but the truth?

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Yes.

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Thank you.

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Confessor?

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Yes.

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Rachel, you agree to waive the reading of its refusal and stipulate to its accuracy?

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Yes.

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And have you emailed an exhibit packet with the required documents, proof of ownership,

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proof of tax compliance, copy of the refusal or referral of photos and plans five days prior to

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this, Harry? Yes. And have you met with the RCO and have a letter? We did meet with the RCO. I

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don't know if they ever issued us a letter. Okay, thank you. Proceed. Thanks. I want to share my

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screen. If also Jeff Owen could be promoted and Brandon Saverin. Jeff is the architect and

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Brandon is my colleague who's worked with me on this matter. So basically this is 2442 North 20th

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Street. It's an existing structure and basically what we're here for is a refusal just for

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multifamily use for three units in an existing structure. I'll go into it in more detail but

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this property is 2700 square feet with an existing structure of almost 2200 square feet according to

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the Office of Property Assessment. It's also directly adjacent to multi-family uses at 2240

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and 2438 North 20th Street. There's also about 15 vacant lots

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38 North 20th Street. There's also about 15 vacant lots on this block. So

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the most of the community that we spoke to after two RCO meetings that we had,

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we're happy to see something done. This property was zoned RM1 up until 2014. As you can see on

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your screen. This is an extremely large, deep property that's oddly shaped in the back.

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As I mentioned, this is an existing structure. There was a fire in 2014 that damaged a significant

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amount of the interior of this property, as you can see from the photos. My client purchased

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this property in 2020 in an effort to rehab this existing structure, add on to the back

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of it as it again doesn't take up even close to anywhere near the lot coverage ability

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for even RSA 5 and to restore this existing structure to its former glory as again it

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had operated and is laid out as a three unit building since at least 1961.

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one. The only reason that the permit lapsed or that it's we can't do this by right is because

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given the fire that occurred, I believe a vacant structure license was put on the building and that

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the use was not, you know, rehabbed or renovated up until we our client purchased it in 2020.

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So again, the proposal is to restore this existing fire, fire damaged building and put three units.

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Again, it's almost a 2,200-square-foot building on an almost 3,000-square-foot lot.

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And as you can see, the existing structure is quite large.

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The comprehensive plan for this area had this zoned as multifamily up until 2014.

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So had that remained in place, we would not be in front of the board today.

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Again, I had mentioned there's 15 vacant lots on the block.

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and the comprehensive plan highlights the fact that there is scarcity of new rental units in

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this area. I just want to show the history I'd mentioned to the board that the building had

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been utilized since 1961 as three-family, and that's the zoning permit that you have in front

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of you here. We met with the North Central Philadelphia Susquehanna Community Development

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Corporation at actually two meetings. The first meeting was March 1st, in which we had a pretty

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good conversation with the community. There were a lot of folks that were concerned about

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crime and trash and blight and really wanting to see something done with this property.

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Most of the conversation subsequent to that was really about construction and whether our GC had

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had experience doing renovations and additions, so much so that our GC met with the head of

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the community group to show her projects that he had done. And then ultimately we got, we

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were told that we didn't have support for the project. We had another meeting that I

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believe my colleague and I split up attending each of them. And then we had tried to reach

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out to Ms. Tina Marie a number of times as evidenced in the packet and on the screen

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to try to set up another meeting to try to obtain, you know, a more, I guess, favorable vote

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insofar as when we had actually talked to those who lived on the block, you know, they were

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concerned about having this property cleaned up and were excited to see something being done with

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it. And obviously knew from its history that it had been multifamily. A lot of what we received

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from Tina Marie, which I believe is here, which is the letter she provided, was two in support,

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one on the committee opposed nine, five were affected, not affected. And again, like only 12

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people had showed up for the meeting. And a lot of the conversations and concerns, as you can see,

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was related to the addition of the building, which is completely by right as we go through

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the plans we're not asking for any dimensional refusals we're not asking to add on to height

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we're just asking for three units and the addition of the building in order to make it

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a little bit more conducive to how large the lot is and for some modern living space for

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some more affordable or price conscious housing again basically a lot of the conversation was

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around the addition of the property, which is why we sent out our GC. So I appreciate that,

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you know, they want to have single family housing. I don't know that there was a lot

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I don't know that there was a lot of consideration to the fact that this was a triplex for decades and also that other concerns related to parking.

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of consideration to the fact that this is what

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If you do a, you know, 2200 square foot single family home with five or six bedrooms, there's no guarantee that you're going to have any less issues with parking.

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I also don't think that that's really even viable in this neighborhood.

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As you can see, there's 15 vacant properties in the block.

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I just also want to bring to the board's attention that when you request the variance,

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obviously we're not required to establish the property is useless without the variance.

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Basically, we are asking the board to consider the prohibitive costs of redeveloping the

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property, the configuration of the property, the surrounding uses, the state of disrepair,

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the length of vacancy again this property has been vacant since at least 2014 when there was a fire

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there's significant costs associated with bringing it up instead of just demolishing it trying to

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keep this structure in place and also again it was formerly three units so trying to utilize

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some of that existing structure on the inside and the layout of it as well so that's what we're

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we're here asking the board for is just a use variance for three families so it can continue

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the same use that it's had since at least 1961. I have Jeff Owen here who is our architect or

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sorry I think it's Alex Deller on this project I apologize. Alex Deller is the architect here who

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can quickly go through the the plans and then I believe there are some folks from the community

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to speak on this project as well.

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Mr. Dollar has been promoted to panelists.

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Mr. Dollar, please spell your full name

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and I'll square you in.

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Alex Dollar, A-L-E-X, D as in David, U-L-L-E-R.

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And FUSA Designs, 622 North 3rd Street,

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philadelphia pa 19123 do you swear for him to tell the truth the whole truth nothing but the truth

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i do thank you miss pritchard alex if you want to share your screen i just want you to go through

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the plans with the board and specifically the unit sizes um i obviously had mentioned this is a

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20 120 square foot lot which obviously can hold way more than three units um but just want to

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show what we're proposing and um you know the sizes of the units that we're providing which

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I believe are very generous um given how large the property is yes so so Rachel kind of went

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through all of the that fun stuff um when we met with the owner Byron he he wanted to make

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actual livable units. He had another architect do some plans based on utilizing the existing

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building, but the existing building is kind of hatched out here in gray, and the new addition

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is kind of with the triangle pattern. But the existing building, you would wind up with very

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small units um very minimal living space minimal just minimal everything um it was very very tight

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and he wanted to actually wind up having units that would be rentable and usable and you know

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access to the outdoors so we had us put decks on the rear things things along them those lines um

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i think rachel already showed this lot is unusually large it's pretty much twice the size of

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any of the largest lots in the neighborhood so putting on this addition isn't really

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yeah it once again it is not a dimensional you know variance um little shots of the street that

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we showed to the neighborhood here excuse me mr dollar could you go back to that other there's

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other photographs uh yeah where the empty lot is that's where you're proposing to

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no it's directly adjacent to it it's the uh chairman it's the existing structure directly

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to the left that vacant lot um is is just a vacant lot it's actually owned by our client as well but

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it's not uh it's not relevant to this um appeal thank you but do you the existing building that

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you're looking to uh renovate into a triplex how does that compare in terms of square footage to

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the adjacent properties in its existing state um it's it's of similar size to the existing

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it's of similar size to the existing properties there are a few i think if we

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properties there are a few i think if we

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rachel earlier pulled up like the uh google shot there are a few buildings that are larger than

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our building and there's ones that are basically the same size as our building all right thank you

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um across the street you can see there those are two-story structures but this entire block

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It was all three-story structures, bigger buildings, pretty much completely consistent.

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Some other shots, you can see the building is not in good shape at all.

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Basically we're only able to keep the brick walls, which Byron wanted to do.

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So here are the plans themselves.

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the idea is basically to utilize the existing building so we come in long hallway and then

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provide a nice large unit here on the first floor with kind of some office space in the basement

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kind of playing off of the demands currently with COVID and things like that a lot of people

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working from home we have direct access of that space to the backyard go up a floor and

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we have a nice two-bedroom, two-bathroom unit with a nice-sized living room. If we zoom in here,

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basically 193 square feet, 13 feet long, 14 feet wide, all of which, like, basically wouldn't be

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old existing building. It was a very, it was a tight one-bedroom. The kitchen was on top of

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the living room and we didn't wind up with like a delineation of space um so each unit

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is over a thousand square feet um you know oftentimes i've had clients with units of this

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size try to squeeze the third bedroom in that is not our intention like we have nice nice two bedroom

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two bath units so third floor is identical pretty much identical to the second floor

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sections elevations nothing and then back to how big how big is our rear yard just so the

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board can understand how far away we even are from the rear property line with with the addition

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so so our rear yard on the shallow end is almost 68 feet deep

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um the actual coverage of this lot is proposed building footprint we're only covering 46.8

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percent of the lot so we have 53.2 as our open space so the addition that we're proposing isn't

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even as large of an addition or it's large of a building as the lot of this size would allow

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We just basically want to rehab this building, put it back to its former use with a modern, you know, usable apartment on each floor.

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Excuse me, this is Sharon. Can I ask one question?

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Mr. Deller, the revised plans that you submitted include the addition of rear decks at two levels.

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Do you have an opinion as to whether those would generate any additional variances?

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those would not because the they are by right you're allowed to have a deck in the rear yard

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um as long as it isn't within the nine foot setback minimum setback of the rear yard

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we obviously are in that case 62 feet from the rear yard and that updated

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So we have a four foot a four by ten roughly deck on the second and third floors. Four foot by nine

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foot seven and that's because the first floor unit obviously can walk out into this backyard

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the upper floors do not have direct access to the backyard. And one more question if the board

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should approve um should grant the variances the revised plans are two pages is that correct

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um should only be this one page okay thank you

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thank you

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mr dollar do you have you uh concluded yes um i think i've gone through if you guys have any

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questions i can flip to any of those pages and get to that miss pritzker you have anyone else

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Yeah, I have the client on, Byron Watson, and I believe there are members of the community.

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um i just wanted to go ahead let's get your client to adopt your testimony then we'll move on but

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