civus
Hearing video

ZBA Hearing - June 9, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Jun 9, 20216h 56m

Okay.

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There are no other heads up at this time, Chair.

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All right.

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Carol, correct me if I'm wrong.

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I think that's the first case, right?

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MI 2020-003159, 2535 West Lehigh Avenue.

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Mr. Notkinson.

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He's coming back in as a panelist now, Chair.

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Thank you.

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so this case was resumed on uh from april 28th till today and i believe the board was uh

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did a resumption hearing only to hear feedback from the rco

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is that accurate mr notkinson that is correct uh mr chair please proceed

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Yes, again, my name is Alan Ockamson, PC, 123 South Broad Street, Suite 1600, Philadelphia, PA, 19109.

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We did have a...

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Alan, I'm going to swear you in only because it's a new date.

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You swear our firm to tell the whole truth and nothing but the truth.

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I do.

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Thank you.

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May I share my screen?

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Sure.

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so as I indicated we previously had a hearing on this matter the board heard the merits of

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the appeal and actually the city planning commission recommended the approving of the

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approval of the variance request and I'll just quickly go through the material so you'll get

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familiar again with you know what we're trying to do here we're 2535 Wesley High Street so

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So in my packet of materials, it's the deed to the property, certificate of tax clearance,

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notice refusal, application for appeal, maps of the area, photographs of the property and

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the surrounding area, plans and drawings, and we do not have correspondence from Strawberry

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Mansion Community Concern, but we did meet with them.

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D to the property, showing that All A's Investments LLC owns the property, showing that we owe

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no money as to the property.

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The notice of refusal, we're a CMX1 property.

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All we're trying to do is keep the existing barbershop on the first floor and to have

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two residential units above.

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Again, this is a CMX1 property.

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essentially we're asking for one additional residential unit. It's not uncommon for most

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of these properties on a 2500 block to have multiple residential units as you can see from

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2500, 06, 28, 32, 34, 40, 41, 42, 46, and 48. Here's our application for appeal. One with the

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project information form. Maps of the area. Again, we're on a commercial corridor. We're

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trying to appropriately increase the density to help support that commercial corridor.

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Pictures of the property. Again, you see it's a pre-existing structure. To the right of

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the property, to the left of the property, and then plans and drawings. Let's go. Reduce

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size a little bit. Again, as you know, there is no like basement living here because obviously

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you have the commercial component on the first floor and then the residential on the second

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and third floors, which each unit having its own floor. And again, we did meet with the

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Strawberry Mansion organization. We met with them a few days ago. My understanding, and Clementa

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Amazon's on the line as well, but she's the one to make the presentation. They had no concerns

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about the proposed usage. The only concern that they had was non-zoning related matters, like

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what the facade may look like and if there would be any improvements, which my client plans to do.

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And just during the construction or the renovation of the upper floors, which needs substantial renovation because it's going to be a gut job, like just about structural integrity and things like that.

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like just about structural integrity and things like that and we stated obviously

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And we stated obviously that.

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that's the next phase of the process where assuming we do get a zoning permit we would

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have to apply for a building permit and there would be certain requirements of LNI and otherwise

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so with that being said I would feel free to take any questions from the board

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thank you any questions from the board for mr knockinson no no

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oh one thing and the reason why we didn't post is because we didn't get any orange posters

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because this was a reception hearing

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anyone would like to testify in this case please raise your hand

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only if you're testifying on 2535 West Allegheny here we have somebody from the

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Strawberry Mansion community with their hand up you representative from Strawberry Mansion

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please identify yourself Bonita Cummings director Strawberry Mansion hello hello can you hear me

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now I can please identify yourself spell your first and last name is Bonita B-O-N-I-T-A

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cummings c-u-m-m-i-n-g-s okay i swore you in earlier yes please proceed

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this this property was i'm not really sure how we got to a resumption hearing to my knowledge

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there was a request for continuance we were told that the continuance um was for um june the 9th

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which is today from the attorney and then it never made the calendar so I'm not I'm not really

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understanding how we got to a resumption here we were on the call on the 28th that decision was

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made on the 28th yeah but I'm not I don't remember being I don't remember that but either way the

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property was we have been out to this property as store-based mansion community concerned

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on several visits one being uh tuesday and then the other one being prior to even the 28th where

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the property has really never been posted for the uh for the zoning matter so our visit on tuesday

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um was concerning what we thought was an excessive use um of trying to put a second and third floor

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use in that property. So the use is excessive. You would have to create a pathway for the

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third floor resident, which would decrease the space for the second floor resident. And

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it's just an overuse of the property. I believe it's a buy right that's being proposed. If

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anybody has any disagreement with that please speak up. Well it's multi-family RSA to my

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understanding. This is a CMX1 property. This is not an RSA5. The first floor may have that use

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but the multi-family use is for the second and third floor. We understand that ma'am but again

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And it's a by right, meaning it's not an RSA 5, which would be single family.

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Zoning classification allows for what is being proposed.

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I mean, multifamily is what I meant.

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You're right.

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They're trying to utilize multifamily.

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And what we're saying is that the multifamily aspect of this property is for a second floor and a third floor.

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And that use would be excessive for that property.

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If they wanted to use it as a one apartment, maybe with a bi-level for that second floor unit, that is more useful than trying to put two families on top of each other in that space.

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Bi-level would probably provide the same number of bedrooms that you would have if you just did one apartment on the second and one on the third.

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But you have to make way for the families to get to the third floor.

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Well, that's up to the owner of the property.

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We'll have to make those interior improvements to allow that to happen.

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Again, it is a buy right for multifamily.

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Anyone else would like to testify?

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Please raise your hand.

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Here, we have Clemente Amazon.

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Ms. Amazon, you can unmute yourself and speak.

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Good afternoon, Ms. Amazon.

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Please spell your first and last name and I'll swear you in.

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Good afternoon, Chairman and members of the board. Clementa Amazon. First name is C-L-E-M-E-N-T-A. Last name Amazon, A-M-A-Z-A-N. And the address is 123 South Broad Street, Suite 1600.

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I'm sorry.

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The address is 123 South Broad Street, Suite 1600, 19109.

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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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Thank you. Please proceed.

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I would just like to highlight that I did present this project during the community meeting,

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and based off of my conversation with Ms. Cummings, her concern was primarily with the

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facade of the building and the renovations that would be done. It was not my understanding as

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she had concerns regarding the use. I would also like to point out that the third floor

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is a studio unit and it is shorter than the rest of the property so we are using it responsibly.

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Thank you. Anyone else?

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Here we have a call-in user with their hand up. Caller please unmute yourself and speak now.

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hello hello can you hear me yes we can adrian yes we can okay you've been sworn in so please

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proceed okay i'll put my name on the record it's adrian fernandez f-e-r-n-a-n-d-e-z

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you're breaking up you're breaking up

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Adrian's having some technical issues is there anyone else

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there are no other hands at this time chair

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we'll just give Adrian one more shot and see if we can get her on

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If not, we'll have to move on.

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Adrienne, are you there?

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Okay, sure, you can continue.

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Yes, thank you.

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Planning Commissioner.

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good afternoon mr chairman david fecto f-e-c-t-e-a-u with the city planning commission

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you swear for him to tell the truth the whole truth nothing but the truth

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yes sir i do mr chairman members of the board i believe we already did give our testimony but

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we will give it again. So the comprehensive plan recommends this property for residential

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multifamily use. We recommend that the board support the requested variance.

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Thank you. MI 2020-0031592535 West Allegheny Avenue. My vote is yes.

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My vote is yes.

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My vote is yes.

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Excuse me. It is, I believe, Lehigh Avenue.

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What did I say?

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it's two o'clock all right mi2020-0031592535 west lehigh avenue my vote is yes

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my vote is yes also my vote is my vote is yes my vote is yes thank you

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Thank you. MI 2021-000-592-900 Greenwood Street. This is a resumption hearing.

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Councilman Squilla remains strongly opposed. However, if there is a vote of yes,

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with proviso, maximum six units. I'm only putting that on the record. And there's also a letter of

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opposition from passing square civic association excuse me chair i'm sorry to interrupt but after

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you have heard this case there is an additional add-on that is not on your list i will send that

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okay mr pertell he's coming back in as a panelist chair

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good afternoon mr chair members of the board how are you this afternoon

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Well, please identify yourself, and I'll square you in.

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Steve Bertil, B-E-R-T-I-L,

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Claire Harrison, Harvey in Brandsburg, 1835 Market Street,

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Suite 1400, Philadelphia PA, 19103.

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We're going to affirm to tell the truth, the whole truth, nothing but the truth.

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Yes, I do.

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Thank you. Please proceed.

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Thank you very much. I'll just start sharing my screen.

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Okay, as was stated, my name is Steve Bertil. I'm here on behalf of the owners and applicants

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of 900 Greenwich Avenue. This is a resumption hearing just to

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This is a resumption hearing, just to refresh the board's memory, I'll give a brief procedural

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background. We appeared before the board on April 21st. Prior to that, we had a community

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meeting with Pass Young Civic on March 9th. At that meeting, the opposition that we heard

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to the property the overwhelming concern um was the amount of density we were proposing um and

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then the issues the sort of uh branch issues offer that which is traffic trash um and parking that

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sort of comes along with any concern with density um at that time um we believed and we were

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proposing to the group and then subsequently to the board that although um we are seeking to

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increase the density that we believe that the buy right option on the property was actually a higher

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impact than the proposed variance of the eight units. Originally, we were seeking a variance

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for eight units to remove the commercial space on the existing structure and to house within that

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envelope and the two-story addition. But this on the screen here, as you can see, this is the

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existing building. It's currently an auto body shop, one story, or I guess one and a half stories

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auto body shop. And we were seeking to put a two-story addition on there and to reuse the

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first floor as residential in conjunction with the residential that would be in the additional

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stores. At that time, when we reached the board, we made that presentation. As expected, the community

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group voiced their opposition regarding their density, and there was a discussion regarding

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alternative schemes, and essentially the community group didn't agree with our perception of the

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type of impact that would have versus the by right use. So at that time, the board agreed to

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allow us to go back and see if we can change the scheme of our proposed plan in conjunction with

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the fact that the Planning Commission did testify at that time that they didn't have a problem with

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removing the commercial space on the ground floor, but they did have think that the eight units was

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too much. So we went back to the drone board and we were able to come up with a scheme that reduced

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the proposed units by 25% to six units and also include interior trash storage, which we would

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agree to do both as provisos today as a maximum of six units and to maintain interior trash storage

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space, designated interior trash storage space. And we believe that this scheme addresses

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the issues that were, at least at the time, were told to us was the most important issue,

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which was density. So in addition to those two changes, there was another change that was made

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to the zoning code that actually changed our buy-write amount from three units above the

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garage to four units. So the zoning bill 2100, I guess I should say 21007-A, which was passed

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at the end of April, changed section 146024A2, which determines the calculation restrictions

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for the density on CMX2 lots, essentially simplifying it to 480 square feet per unit.

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In this designation, Mr. Chair, as I'm sure you're aware, on the proposed bills, anything

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within the curve brackets is being deleted. Just for those who might not be aware, anything

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within the curve brackets are being deleted, is being deleted, and everything that's italicized

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is being added. So per the change of the code, the new language of the section states in the CMX2

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district, and you have to jump down to the other side of the bracket, a minimum of 480 square feet

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of lot area is required per dwelling unit, provided that whenever the calculation of a

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permitted number of dwelling units results in a fraction, you round down, basically. So in our case,

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our property is 1,954.88 square feet.

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um square feet if you apply this um this this new calculation under the code or by right

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If you apply this new calculation.

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um unit count is four units um above the in above the existing auto body garage now um

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we in conjunction with this and in conjunction with the reduction of our density

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actually let me so you can see the the calculation was made in the zoning plan before that law change

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You can see here in our zoning plan, this is the calculation I just stated, 1,954 square

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feet, 0.88, but round down to just 1,954.

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In conjunction with this new allowable by right density and our reduction to six units,

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essentially what we're asking the board at this time is to allow us to swap out the ground floor

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commercial garage for two one-bedroom units on the ground floor. As you can see, this is the new

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sort of floor plan that we put together for the six units, where it's essentially two units per

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