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Hearing video

ZBA Hearing - January 12, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Jan 12, 20226h 5m

Sir, if you're not there, we're going to move on.

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Can you hear me?

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No, we can now.

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Can you?

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Yeah, please state your name and spell it for the court reporter.

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I'm Bart Levy, B-A-R-T-L-E-V-Y.

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Okay.

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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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Yes.

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Our vice chair has a few questions for you.

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Yes.

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Good afternoon.

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Do you agree to wave the reading of the refusal and stipulate to its accuracy?

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I do indeed.

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um and it appears that you've submitted all the required documents is that we have

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thank you you may proceed let me see if i can share my screen

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does that show up oh no it does not all right let me see if i can read through as best i can

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because i believe you have the exhibits uh this is okay i'm sorry mr levy i'm sorry

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We have to work with you to get this up on the screen.

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We have other people who are viewing this as well.

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So can you unshare and take this off the screen, open up your documents, and then try to share?

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They're open now.

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They're open now.

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So now you're going to unshare first.

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So now you're going to unshare.

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All right, stop share.

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Yes.

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Now have your documents there.

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Now share again and click on your actual document.

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I clicked on it.

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Did you hit share first and then click on your document?

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Share screen.

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And then click on my document.

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Okay, it looks like it's coming up.

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Yes, sir.

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Thank you.

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Okay, so I have a notice of refusal, a site map, and building plans.

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um i'm not 100 sure that whether i can put them all up but let's try the site location first

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did that work yes okay all right this house was built in 1930 as a single family home

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um it came into use over the years as a storage facility and fell out of use as a family home

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and was zoned, as I understand it, industrial,

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even though it sits in the middle of a clearly residential community.

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My client seeks to re-outfit it as a single-family home

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for either himself or his family to live in.

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Next thing we have is the building plans.

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Let's see. Does that show up? Good.

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I hope it does.

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um this simply shows the site or an elevation of the plans as it's going to look um once windows

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are put in and the outer coverings are placed on um the floor plan um shows the typical locations

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of bedrooms i mean this could be like a large four band a family four four bedroom house

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with a kitchen it will have the effect of stabilizing the neighborhood because it's

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difficult to predict what you can do with an industrial property but it's far easier

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to plan and predict what a single family dwelling is going to be that's why we seek relief

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that's why that's why what that is why we have appealed so this can be a single family home

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okay thanks

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are you is your client here he is oh sorry i should mention it was without uh it was five

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votes to zero at the RCO in favor which I think I have also no I don't Mr. Chair we have a letter

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of support from the 13th Ward yep yep RCO yep yep thank you so much Mr. Levy is your client here

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he is um why don't you have him adopt your testimony mr bryant

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mr bryant can you raise your hand or or come before this board

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mr bryant

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you have to enter the meeting now you have to enter the you have to enter the meeting now

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um i'm sorry this is raise your hand very good thank you okay thank you has he raised his hand

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yet last name bryant yes yes mr bryant you can unmute yourself and wait for the chairs

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instructions mr bryant could you state your name and spell it for the court reporter

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my name is john bryant j-o-h-n-b-r-y-a-n-t you swear affirm to tell the truth the whole truth

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and nothing but the truth yes sir mr levy proceed mr bryant have you heard my discussion with the

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board and my testimony before the board this afternoon? Yes, I did. Yes, I did. Would you

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adopt that testimony as your own? Yes, I do. And it was completely accurate and complete?

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Yes, it was. Thank you. Thank you. Questions from the board? No, Mr. Chairman. No, Mr.

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thank you thank you questions from the board no mr chairman no mr chairman no mr chairman

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questions from the virtual audience

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i see no additional hands at this time chair planning commission good afternoon chair bergman

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members of the board, David Fecto, City Planning Commission. Board, the comprehensive plan recommends

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rezoning this property to residential single-family, so the proposal for a single-family home is

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consistent with this recommendation, and the City Planning Commission recommends the board grant

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the use of variance. Thank you. MI 2021-004040-1917, Denny Street, I vote yes.

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Carol Tenere, my vote is yes.

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Thomas Holliman, my vote is yes.

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James Snell, my vote is yes.

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Ishmael Shaheed, my vote is yes.

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Thank you.

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Thank you.

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MI 2021-003961-3570, Cal and Med Street, Mr. Nocklinson, RCO East Falls Community Council, letter of support.

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Mr. Nockamson is coming back now as a panelist chair

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Good afternoon Mr. Chair and members of the board

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Alan Nockamson of Nockamson PC

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Alan A-L-A-N

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Last name Nockamson

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N-O-C-H-U-M-S-O-N

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Address 123 South Broad Street

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Suite 1600

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Philadelphia PA 19109. Thank you very much. You've already sworn. Our vice chair has a few questions

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for you. Hi, Mr. Nockmson. Do you agree to waive the reading of the refusal and stipulate to its

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accuracy? I do. It appears that you've submitted all the required documents. Yes, we have. You may

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proceed. All right. Thank you very much. Again, Alan Nockmson, Nockmson PC. First of all, I would

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to wish everyone a happy uh new year thank you you're welcome uh may i share my screen yes

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hi so i'm here to present 3570 uh calumet street uh it's in the east fall section of philadelphia

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what you'll see in our presentation packet is our notice of refusal or a letter of support

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from the East Falls Community Council. This is a request based on revised plans. So we

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submitted the revised proviso form to Ms. Saletta a few days ago, and she had a chance

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to review it, I believe. Maps of the area, photographs of the property in the surrounding

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area, our plans and drawings, our proof of mailing of our community notice, our application

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for appeal we filed, our deed to the property, and our certificates of tax clearance. This property

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is owned by 3515 Midvale LLC. I have Mr. Jeremy Terror on the call. He will adopt my testimony.

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Notice of refusal. So, this is a mixed use or mixed zoning property. We're looking to combine

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3570, 3570R, 3572, and 3574 Calumet Street. Every property other than 3570R is RSA5. 3570R

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is CMX 2.5. And the reason why we have all these refusals is the mixed zoning.

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As this board knows, generally L&I adopts the most restrictive zoning applicable when there's

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mixed-use zoning, and that's why we have many of these variances. All we're looking to do is

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consolidate these properties, have three townhomes facing Calumet, which is not out of character,

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as you'll see, and to have off-street parking by way of a common driveway and garage parking,

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as well as additional parking, non-accessory parking for the building that's behind us on

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midvale so the first refusal is the steep slope uh you know again we can't control the slope of the

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property uh but it's not out of character to have single family homes on such a slope as you'll see

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in the surrounding area so that's the first refusal the second refusal is the accessory

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parking because these are rsa5 properties um and we don't have that common driveway

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in a sense, we have a refusal as to that. Again, we're using one curb cut with a common driveway,

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as you'll see, for parking not only for the townhome units, the three townhome units,

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which will be part of this planned community, but also the non-accessory parking for the apartment building.

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uh the uh non-accessory parking for the park uh for the apartment building that is in the rear

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uh the next refusal has to do with the three dwelling units because this is an rsa5 property

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we're not subdividing the property what we're doing is making this a planned community but

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each of the townhomes are going to be single-family structures within the planned community

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so it's form over substance these are really single-family homes so that's that refusal

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The next refusal is the non-accessory surface parking lot. That is actually a referral. Again, we are planning to have dedicated parking to an apartment building facing Midvale, which this property owner is also building, but as of right, by way of a separate permit.

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the next refusal has to do with the height of the property because we're on the slope

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you know it's it's difficult to meet the 38 foot height requirements and you'll see from the letter

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from the east fall community council we have worked with them over time over a year and we

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have lessened that height to 41 feet 8 inches also from the design aspect because of the mansard roof

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and the setbacks it also lessens the height of the building at least from the view of someone

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walking along the street and then finally the last refusal has to do with the drive aisle

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technically under the code we need a two-way drive aisle of 20 feet here it's a one-way drive

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aisle of 12 feet which is not uncommon with a situation like this so again our letter from

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the east falls uh community council um it was provided to the board uh well in advance um it

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would say the history of this you know project originally we would we were looking to do an

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apartment building here with uh accessory parking um that was you know flatly rejected by the

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neighborhood in the community we eventually like adhered to their request of making these

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into townhomes and we have three townhomes here on this significant lot with accessory

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and non-accessory parking. Based on our year of working with the community, the community

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ultimately enthusiastically support this project. The revised proviso plan form which was completed

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and given to Ms. Saleta last week, again we're making two changes. One of the requests even at

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community meeting once they removed the pilot house from the project which we you know we did

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and we obtained their support the second is we just adjusted the garage setback

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here's the drawings again this is just a site plan for the proviso plan form again stamped by the

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architect if this board does grant this variance we ask that this board grant it by way you know

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WITH A PROVISO STAMPED ONE-PAGE PLAN, RIGHT, I THINK IT'S ACTUALLY TWO, I'M SORRY, TWO PAGES, Z1 AND Z2.

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EXCUSE ME, COUNSELOR. DO YOU KNOW WHAT PERCENTAGE OF THE SITE IS STEEP?

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I DO HAVE THE ARCHITECT ON THE LINE AND I CAN HAVE THEM ANSWER THAT QUESTION, SO I SHOULD

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uh have uh someone from cano architecture uh to answer that question thank you you're welcome

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uh maps of the area again just to show from a zoning perspective uh you know the zoning of

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the properties the three facing calamity again our rsa5 properties this 3570r is the cmx two and a

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half property and then after that we kind of break it down from a google map perspective so you can

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see where we are here's the apartment building that's being built and there'll be common uh

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parking between the parking uh the apartment building as well as some of the spaces here by

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way of an easement the curb cut you're proposing is parking on that side of the street there is

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parking on that side of the street but at the request of the community they actually wanted us

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to have a curb cut with off-street parking and to allow, to alleviate, because the 3515

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Midvale Street project, the building is as of right, which required no parking. As part of

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our negotiations, they wanted us to dedicate some parking spots to the Midvale apartment building,

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which we did. Thank you. You're welcome. Here's the front of the property facing Calumet.

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Calumet to the right of the property, Calumet to the left of the property.

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Again, as you can see, this is a townhome community, and that's what we want to do by way of this project.

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And then just an aerial view of our properties, the three Calumet.

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and then just an aerial view of our properties the three Calumet properties on Calumet and then

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the Calumet property on the rear and this is where the apartment building will be built by

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way of a separate project and then our plans and drawings again what we try to really do here

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especially to again to fit the character of the neighborhood brick facade you know stone

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But also, if you look for the height part of it, especially with the slope, we try to lessen the height of the building by having a two-tier mansard roof.

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And then the fourth story is actually even set back even more.

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So someone looking at the street, who's walking by on the street, is really not going to notice the height of the building by way of this two-tier structure.

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And then here's just a site plan.

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Again, the three single-family homes.

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Here is the common driveway, the parking would be in the rear with the garages.

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Here is the open area for the parking lot at the request of the community.

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They wanted to not only make sure that there was parking for these three properties on

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Calumet, but there was also going to be some parking for the apartment building on Midvale.

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and then here is just the floor plan the common floor plan for each of the each of the single

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family homes you walk up some steps you come into a common entryway there's a den to the right

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there's a full bath you go down a couple steps you have the garage and storage area in the rear

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you go up a flight of steps the second floor you have a common area with a living room dining room

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and kitchen and the rear deck. You go up another flight of steps. You have two bedrooms, washer and

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dryer, and two baths. And then you go up another flight of steps, and then you have a master suite.

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We had our meeting in front of the community November 17th at 7 p.m. It was coordinated by

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East Falls Community Council. There were 76 addresses we needed to communicate

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their particulars about that meeting. It was a well-attended meeting. These are the addresses.

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Proof of mailing. Our application for appeal to the ZBA. Our notice of refusal and referral.

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The referral has to do with the non-accessory parking lot for the benefit of 3515 Midvale.

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our project information form our deed to the property showing that it's owned by 35 mid

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bail llc i have one of the members of the llc on the call jeremy tear

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and finally our certificate of tax clearance for each of these properties

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uh with that being said i will stop sharing my screen i have i would ask that mr tear virtually

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raise his hand.

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Can I ask a question?

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Could you have one of the architects

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come on and answer Mr. Holliman's

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question? Oh, yes. I was going to do that, too.

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I just wanted to...

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Sure.

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Is it, you know...

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