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Hearing video

ZBA Hearing - June 26, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Jun 26, 20244h 28m

Our board member, Tayeh Nguyen, will be on shortly.

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And we also have with us one of our former alternate board members, Leonard Palmer, from Development Services, who will be working to clear up a few cases.

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Present, Mr. Chairman.

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Thank you.

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Let's look at our virtual format.

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Seedings are being recorded.

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With your partner.

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Hold up. Proceedings are being recorded. With your participation, you agree to be recorded.

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Video will be available by contacting TanyaSunkett at phila.gov. For a court sonographer,

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we ask attorneys and witnesses who will identify themselves before testifying. If you're

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participating by phone, press star 9 to raise your hand and star 6 to unmute. To enter the

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appearance statement, call 267-270-5548. Leave your email address and the address of the property

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in question. Finally, the question box on the screen is not for comments or testimony. All

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comments should be directed to our Executive Director, Tanya Sunken. Let's look at this

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afternoon's list. Number two, MI 2023-003-244-5558 Crowson Street. That case is continued.

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Number three, MI 2023. Excuse me, Mr. Chair, can we see if the applicant in that matter,

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I believe it's a Charbonne Anderson or Charbonne Kennedy, is present?

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all right charbonne anderson or charbonne tennedy are they present

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All right. Charbonne Anderson or Charbonne Tennethy, are they present?

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Charbonne, please raise your virtual hand.

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I see no hands.

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Okay.

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Okay, Hillary?

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Yes, that's fine, Mr. Chair.

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This is the third or fourth listing in this matter.

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We had asked the applicant to attend.

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Okay.

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Thank you.

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So number three, MI 2023, 003-492-2219-23 North 2nd Street.

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Meredith Verliger is the attorney.

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I believe there's a request for a continuance.

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Good afternoon, sir.

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This is my dear.

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I will be your co-host, and Meredith Ferliger has been allowed to speak.

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Good afternoon, Mr. Chairman, members of the board.

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

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Sure. Meredith Ferliger, F-E-R-L-E-G-E-R.

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

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I do.

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Please proceed.

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Thank you. Mr. Chairman, I have a somewhat unusual request for continuance this afternoon.

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I had indicated to Hillary that I had been having quite some trouble reaching my client

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in this matter.

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I was finally able to reach him this afternoon, and I learned that he had apparently been

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in an accident about a month ago, and that was why I had so much trouble reaching him.

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He is recovering and expects we should be ready to go by the next listing.

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Thank you very much.

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Thank you.

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MI 2023-003-492-2219-23, North 2nd Street.

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That case is continued.

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Number five, MI 2024-00314-272-9745 Rear East Roosevelt Boulevard.

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That case has been continued.

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Number eight, MI 2024-001-848.

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2055 Chilton Avenue. That case has been continued. Number 10,

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MI 2024-001-867-1112 Roy Street. That case has been continued. Number 11, MI 2024-001-870-723

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Chestnut Street. That case has been continued. And number 12, MI 2024, 001-872-260 Geiger

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Road. That case has been continued. Number 14, MI 2024-002-120-963 North Lawrence Street.

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That case is continued. And number 15, MI 2024-002-123-1524-28, Germantown Avenue. That case is continued. Are there any other requests for continuances?

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Yes, Chair, we have Vern Anastasio with a hand raised and they have been allowed to speak.

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Vern, you've already been sworn in. I was just getting ready to call your case, so let me go to it now.

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good afternoon is this delver avenue no i'm sorry wait wait wait wait i do have that on my list

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i have two i have two requests today for a continuance so number one i have is 69 30

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arledge arlie's ardledge is that yours ardlay yes all right do you want to do it yeah i do

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have to request a continuance. I'm working with a council member of Cindy Bass's office. We believe

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that this property is going to be remapped, rendering the appeal moot, but unless or until

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I get confirmation of that, I do have to continue it. So MI 2023-002-750-6930 Arlott Street,

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That case has been continued.

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What's the other case?

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A 10914 Nandina Court.

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We do have to meet with the RCO again.

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And as a result, I would respectfully request a continuance.

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So number six, MI 2024 001 169 10914 Nandina Court.

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That case is continued.

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you thank you mr chair any other requests for continuances yes we have lisa

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Any other requests for continuances?

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Yes, we have Lisa with a hand raised, and they haven't allowed to speak.

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

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We see a hand.

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Yes, they're unmuted.

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Lisa, can you please speak?

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it appears from the chat um uh this individual put a question in the chat about why the geiger

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road case was continued um that was continued at the request of the attorney for the applicant

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um i also want to note that a board member tywin has now joined us thank you

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So let's go to our add-on list.

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Number one, MI 2024, 000075, 1615 North Delaware Avenue.

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I will vote on this.

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Leonard Palmer will vote on this.

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And Isabel will vote on this.

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I vote yes.

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With proviso, her amended refusal dated 3-18-24, and nightclubs and private clubs are prohibited.

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LaBaron Leonard Palmer, my vote is yes, with proviso.

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Ishmael Shahid, my vote is yes, with proviso.

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Number two, MI 2023-007-031.

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47 14 Grissom Street. The vote in this matter has been rescheduled to Wednesday, July 10th at 2 b.m.

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And number three. MI 2024 000 644 1418 South 18th Street.

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Voting on this will be myself, Ishmael and Leonard Palmer.

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I vote no.

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ishmael shaheed my vote is no the baron leonard palmer my vote is no thank you

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and we're going to go to number seven first

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hold on one minute just lost it

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you're right with you

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M-I-2024-001-509-4235 West Style Street.

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This is a resumptive hearing.

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Alan Nockamson is the attorney.

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Good afternoon, Mr. Chair.

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Members of the Board, Alan Nockamson, A-L-A-N, last name Nockamson, N-O-C-H-U-M-S-O-N.

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Thank you.

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Mr. Nockamson, our notes here, there's going to be an update from you and then possibly

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the RCO.

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So do you want to start? Yeah, I updated my materials. I can just share my screen really

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quickly. We received a letter of support after meeting with them. Just as a matter of background,

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Mr. Chair, we met with the group originally the day before the original hearing dates,

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and there were some commentary that we took into account at the hearing. And we were then asked

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to represent to the community based on those modifications we made to the project and based

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on the modifications we made, we received their support. May I share my screen? You can. I mean,

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it's a very simple letter of support, but it is a letter of support. So you have here, we,

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the community of East Parkside and Centennial Parkside RCO support the applicant's variants

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for the above reference case with the changes presented and we do have in our in our packet of

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materials revised plans where we eliminated the roof deck which was a concern of theirs and also

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these are the following other provisos which we would ask to be part of the zoning permit

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no bedrooms in the basement commercial trash pickup and trash stored outside in the back

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and that's what we presented to the community.

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Okay.

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Is the RCO present or anyone from the RCO?

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I see no hands.

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Questions or comments from the virtual audience?

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Questions or comments from the virtual audience?

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No hands.

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Planning Commission.

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Thank you, Chair Bergman, and good afternoon.

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David Fecto, F-E-C-T-E-A-U, with the City Planning Commission.

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

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Yes, sir, I do.

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Please proceed.

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Thank you, sir.

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Mr. Chairman and board members, the comprehensive plan recommends a change in zoning at this location to residential multifamily.

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However, in 2014, the city rezoned this block face to residential single family in a community requested map change.

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This is a primarily single family block face.

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The city planning commission recommends the board deny the proposed use variance for three dwelling units.

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Senator, may I respond?

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I was just getting ready to ask you to respond.

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Thank you.

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And I don't mean to relitigate the matter, but in my presentation materials, we have multiple instances of multifamily structures on that block.

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So it's not out of character.

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And actually, we're mimicking what is on that block.

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And we are near a commercial corridor.

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So by adding that density, we're help supporting the commercial corridor.

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And as stated previously, the 2035 plan recommends a change in zoning to RM1, which would allow this to be a buy-write project.

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Thank you.

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So, number seven, MI 2024-001-509-4235 West Style Street.

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I vote yes.

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Wood proviso.

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Revised plan.

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One page.

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Stand by CBA on June 26, 2024.

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Commercial trash pickup.

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trash stored in the rear and what was the other one no bedroom was in the basement

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no um no household living in the basement

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dismal shaheed my vote is just with proviso

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lebaron

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sorry about that lebaron leonard palmer my vote is yes but proviso

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thank you thank you lebaron okay we're going to start our regular list here

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One, two, three, four.

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Mr. Nackamson, MI 2024, 000162-4346-48 Griscom Street, letter of support from Frankfurt

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Neighborhood Advisory Committee, Letter of Non-Opposition from Council Member Lozada.

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Salman Ockamson, A-L-A-N, last name Ockamson, N-O-C-H-U-M-S-O-N.

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Could you identify your client or relationship to the property?

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Yes, my client is F-U-G-A Development, LLC.

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in the virtual audience is Ghaziada Seven, one of its representatives.

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Our vice chair has a few questions.

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Good afternoon, counsel.

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Do you agree to waive the reading of the refusal or stipulate to its accuracy?

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I do.

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Have you emailed in all the required documents and exhibits that is needed and required to

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proceed with this case five days in advance of this hearing?

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Yes, we have.

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Thank you, counsel.

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Please proceed and share your screen.

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So I'm here to present 43-46-56 Griscombe Street.

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It is an RSA-5 property, but I believe it's RSA-5 in name only.

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It's a rather massive lot of almost 18,000 square feet.

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We're a block away from Frankfurt Avenue, which is a commercial corridor.

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And there's definitely a diversity of zoning classifications in this area.

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between a mix of industrial as well as multifamily residential.

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During our presentation, we're going to first review the notice of refusal,

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then the letter of support that we received from the coordinating RCO after a well-attended community meeting,

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as well as a letter of non-opposition from the district council member.

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Then we'll review maps of the area, photographs of the property, our plans and drawings,

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So our RCO meeting notice, along with proof of the mailing of that notice to the affected properties, our application for appeal, our deed to the property showing the FUGA development LLC is the owner of the property, and then our certificate of tax clearance as well.

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At the conclusion of my presentation, I would ask that Mr. Ades-Seven virtually raise his hand, be sworn in, and I'll have a few questions for him.

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So, what we're looking to do here is put 46 units on this rather massive lot, and we're also going to provide off-street parking.

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So what we're looking to do here is put 46 units on this.

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It's going to be built on grade, which makes it accessible for many of the unit occupants, and there'll be an elevator in the building as well.

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There's going to be trash stored, specifically in the trash room on the first floor as well.

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So again, my client really thought of like all the, you know, things you would think about and putting a multifamily building, you know, in a neighborhood like this.

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And we have two refusals.

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The first is the RSA 5 zoning classification.

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Given that we're asking for multifamily use, that use is not allowed as of right.

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But again, not out of character to the neighborhood, as you'll see from pictures.

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The second refusal is a little bit of a misnomer.

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