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Hearing video

ZBA Hearing - October 7, 2026

Philadelphia Zoning Board of Adjustment (ZBA)Oct 7, 20265h 59m

medium industrial to rm1 multi-family residential and again from 2020 in 2021 from rm1 to rsa5

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in a community requested map change the proposed open area variance would be required regardless

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of the if regardless of if the proposal were single or multi-family that variance is minor

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and in keeping with the purpose and spirit of the zoning code however there is no unique physical

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condition or circumstance of this property that were prevented from being used in conformance

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with the use provisions in the RSA 5 zoning district so the city planning commission recommends

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that the board grant the proposed dimensional variance but deny the proposed use variance for

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dwelling units uh mr chair you go ahead just i appreciate mr effecta's input of course um

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the property has been now rm1 longer than rsa5 uh and again if we were to build a single family

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uh even at a modest 1500 square foot home we're we're touching 450 000 in cost thank you all right

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My vote, yes, with proviso. Maximum 2 units.

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Michael Johns, my vote is yes, with proviso.

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Cheryl Gaston, my vote is yes, with proviso.

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Ryan McAdams, my vote is yes, with proviso.

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Ty Wynn, my vote is yes, with proviso.

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Thank you, counsel.

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Thank you.

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All right, number 15, MI 2026-002-485-1505, West Gerard Avenue.

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Zen Jin is the attorney.

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They're being promoted to panelists.

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good morning good morning council could you please state and spell your name for the stenographer

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yes my name is zenjin z-h-e-n j-i-n here on behalf of the applicant do you swear or affirm

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to tell the truth the whole truth and nothing but the truth i do do you identify your client

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the relationship to the property yes uh my client is 1505 west gerrard avenue lc they're the property

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owners uh mr barry hoffman is here on behalf of the company all right i see there's a letter of

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support from the rco united neighbors alliance our our board secretary has a few questions

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uh good afternoon council have you submitted your documents and exhibits 14 days in advance of this

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hearing yes and do you waive the reading of the refusal and stipulate to its accuracy

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i do uh just to note the uh community letter might have just came to the board

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that was not available 14 days ago okay okay um so you can uh share your screen and begin your

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presentation thank you thank you i'm going to share with the board what was previously submitted

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can the board see my exhibit before on their screen thank you so this is an application

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for a property at 1505 west gerard avenue this is actually an rem4 zoned property one of the

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key items that we're here before the board is the waiver of two parking spaces that are required due

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to the number of residential units being proposed in this rm4 district to give the board a better

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understanding of why we're seeking this this property was originally put forward with the

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zoning and building department with a by right uh two off street parking design however we found out

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my clients found out that the gerard avenue corridor is under the jurisdiction of the state

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and dot refused to permit any curb cuts to be added at the location of our building as a result

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we simply could not get those two spaces approved as originally proposed so instead my client had

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to go back redesign and come back before the board to seek a variance for the two off-street spaces

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to better understand the situation i think the photo of the area would be beneficial

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we are located right here between existing buildings this is our posting as you can see

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these are multi-family mostly multi-family structures on gerrard avenue that does not

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have off-street parking on this side of the block there is a parking lot uh private parking lot

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across the street but again when the curb cuts were applied for they were refused and therefore

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we cannot get curb cuts for the garage that was originally proposed although the original garages

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would have been approvable i believe the process started before the code started requiring that

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the garages be accessed from the rear nonetheless at this point we're unable to put those two spaces

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in and we alternatively my client proposes simply to have a building that does not have those two

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front loaded parking spaces as a result of re using the space as something else we the proposal

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was to simply make it into a unit which is still within the permitted unit count based on the lot

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size. The layout of the building will be two units per floor, except for the upper floors

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and the first floor and basement are bi-levels. So first floor would have a front and back unit,

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which are bi-levels. That's unit one and two. There's a single entrance with an access hallway

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that leads to stairways that will allow the residents to go to the higher level units using

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the centralized stairway as you can see there's then two units front and back on the second floor

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there will be third floor two units front and back and then fourth and fifth floor have

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uh additional two units uh they are however laid out as uh bi-level units with the bedrooms on the

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fifth floor uh and living space and kitchen uh on the uh the the kitchen and living space would be

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The kitchen and living space would be on the lower floor on fourth floor.

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on the lower floor.

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So the total unit in the building will be eight units with only the top two units having access to the roof decks.

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That would be part of the roof structure.

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We met with the RCO and worked out conditions which we entered into a community benefits agreement directly with the RCO for.

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The RCO does support our variance, primarily because they understand that those curb cuts will not be permitted.

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They have asked for various items as part of the community benefits agreement,

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which we separately entered into an agreement with these conditions already contractually with the RCO.

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that is not attached with our exhibits here. But essentially, the RCO wants certain conditions

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during construction to make sure that it doesn't negatively impact the area, or at least minimize

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the impact of the construction, as well as work site, construction hours, roof deck limiting to

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the top two floors, which is in our design, and agreeing to provide two of the units as

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the 60% area median income units, which we will work with the community to provide, and

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additionally, providing some contribution to the youth projects on the block.

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So that is the agreement we entered into with the community as well.

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So I would still state, though, that we do have a hardship here that was not created by the owners.

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The inability to get the curb cut to do a two parking spaces off street and move forward with a by right plan that was not created by my clients.

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This was just a circumstance of the location.

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So, given that situation, we would ask for the board's favorable review of the two parking space variances that is being sought under this application.

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I believe my client should be here to verify my testimony, and I'm happy to answer your question.

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What's your client's name?

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Mr. Hoffman, Barry Hoffman.

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They're being promoted to panelists.

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Okay, thank you.

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Mr. Hoffman, Barry, can you unmute and turn on your camera if possible?

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do we see mr hoffman i i see him he's still muted okay mr hoffman could you unmute please

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zan could you uh you're an officer of the court could you try to answer the questions that the

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board has i will thank you i'm going to put the exhibit back up yes um i think my primary question

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is why you didn't consider doing the curb cutoff style street like every other property on that

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block and accommodate the parking on the style street rear hello is this working the rest of

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the properties on the block wait a minute here he is mr hoffman could you please state and spell

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your name barry hoffman b-a-r-r-y-h-o-f-f-m-a-n do you swear or affirm to tell the truth the whole

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truth nothing but the truth yes i do counsel do you want to have your testimony adopted

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yes um mr hoffman did you uh see my presentation and hear my representation before the zoning board

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yes um could you verify what i have represented to be true and correct and adopted as your own

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testimony yes thank you uh there was a question that was just asked about access through style

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Street for the parking spaces? Sorry, Flora Street. Oh, Flora Street. Was that discussed

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with your architect as an option to potentially put parking? So we don't have any access to that

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street. Our property is only fronted on Girard Avenue. Behind us is a totally different property,

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different ownership. So your property does not run all the way to Flora Street? Correct.

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And then I just then want to understand the eight units.

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the eight units just it seems like for this to not run the full depth of the street this feels

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It just, it seems like for this, they're not.

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like a very dense property the units are really small um what's the justification for the eight

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units yeah you whip through you work through the plans kind of quickly so we can just pull them up

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so we can see yeah i i did put them back up uh let me go ahead and go back down to the

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this is this is the building facade layout and this is the uh first floor basement plan I'm

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going to zoom in so so uh Barry the when when this was originally proposed that was uh already uh

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seven units plus the two parking spaces correct correct and was the layout simply changed because

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the parking spaces are now revised to a single unit so we our original proposal was by right

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meaning you were allowed to put the seven units that we put there um when we had the parking as

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part of the proposal um it was taking up that whole front space and we weren't excavating the

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basement at all. So by adding this unit, we're actually not adding any more space to what we're

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allowed to do by right. We're just taking out those two parking spots and putting in another

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unit. So one of the questions from the board was the unit themselves seems to be relatively small.

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Did you guys do some investigation into what the area needs were before you decided on these

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layouts for the units yes we did we spoke to the the rco and they made it clear that there are

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seniors in the neighborhood that would like um you know would like these units and we figured

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that having the smaller you know mostly one mostly two bed units versus three or four bed units

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would greatly benefit the neighborhood um and again we we went with what we're allowed to do

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by right. Ideally, we would have liked to save all the time, you know, not have to go in front

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of the ZBA by being allowed to build those seven units by right with the two parking spots.

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Unfortunately, because of PennDOT, we were not able to get that curb cut approved.

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So understanding that this is now your intention is that this is going to be a senior building.

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this is a lot of stairs for a senior building units that have stairs within the unit

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there's stairs to get to the unit this is no no let me let me correct my my previous statement

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not that the whole building is going to be for seniors but we did speak to the rco and they

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did mention that they would like seniors put in there and we came to an agreement with them and

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said yes we're going to work with them first to first try to find some seniors possibly for the

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first unit, for the second unit, the ground floor units, and then the rest of the building,

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obviously, you know, be rented out to market or, you know, whatever, whatever comes up.

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Okay. And so to be clear, the basement and the first floor are both bi-level units. And then

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the second, third and fourth floor each have two single floor units above. So second and third

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floor each has two single units and fourth and fifth floor is bi-level as well. So those units

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up by level on the fourth and fifth floor the fifth floor so there's four floors in a basement

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i thought there's no it's five floors it's five floors got it yeah i'm sorry uh here's plan for

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fourth and actually there's then the plan for fifth and roof yeah you keep going so quickly

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past the please zoom through and zoom out so we can see them yeah let me let me uh let me do that

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my apologies um trying to get the right zoom here without and then do you know

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where the height of your building lines up with the buildings on either side

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i don't know offhand i do know that we we kept it within the height limitations that we were allowed

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um we did not i understand that you were building what was by right but there's still existing

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context on that street so i just i'm just trying to understand where your building falls

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compared to the four-story building and the three-story building on either side of you

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so the building to our right um is a very tall i would say i would call it four-story but it's

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a basin plus three stories um that goes up very high and the rest of the the block as well if you

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look um what i did not let you know is that i lived at 1509 to 1511 for five years in the

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building so i actually know this site very very very well which is part of why i'm asking

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part of why I'm asking because when 1509 to 11 which is the highest and the

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because when 1509 to 11 which is the highest

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densest block on building on the block was built it was built very specifically

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not to be higher and tower over the other buildings on that block it also

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did not have an accessible roof deck and so here this building is now coming with

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five stories and two pilot houses I think it's going to end up now being

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likely the highest building on this block. And I'm wondering if you guys have done any analysis

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with the architect to understand where it falls in line with the rest of the facade frontage of

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the street. Yeah. So the floors that we're building are not terribly tall floors. They're,

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I would say nine foot ceilings or 10 foot ceilings max. It's not going to be, you know,

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too high as compared to the rest of the buildings in addition the the the roof deck we discussed

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with the rco they did bring up the the roof deck and we made it clear to them that it's not going

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to be a communal roof deck it's just for the top two tenants they have private entrances to those

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roof decks and it will not it will not disturb the neighborhood okay and then then can you what is

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the height of the i'm trying to zoom into that section now um let me get the elevation

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it's looking like it's 59 56 actually it's 56 too

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um to the rooftop is 51 and then if you add in the pilot house i believe it's 56.

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it's 59 59 1 4 plus 8 4 which is 59 8 which is almost 60 for you okay other questions well just

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i think i think it's you know it's just sort of going back to the context um you've got these

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beautiful buildings right next to this this new property going in and there doesn't seem to be

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any many characteristics that relate to those sort of beautiful victorian um you know tall

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some brownstones brick brownstone buildings and it's just it's a it's a missed opportunity

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we definitely can keep it within the character i mean if you look at the building two to the left

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um it's it's brown with the black um acp cladding we can definitely keep it to that character

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um and i think would fit in the neighborhood beautifully well i don't know i don't know

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about the one next to the one next to the one next to you yeah meaning the only the only sort

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of modern out of place building on the block as opposed to the sort of victorian era uh brick and

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brownstone buildings ornate no i don't think so and it's why it was recessed because that is the

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building out of it so that's so it was recessed for that reason in in addition we can again the

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the facade is not set in stone we can definitely cater to the you know the brownstone the the old

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style um we're definitely okay with that we've done buildings like that in the past um and we're

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and it's beautiful so we're yeah we're very much okay doing that yeah just considering exactly

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where you are between two right next to you and one right next to you i think that's the that's

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that's your where you should be looking for your inspiration for the most part not the

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the the other building that sort of looks like a school house that was you know understood 70s

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understood i think the other question i have is what's your plan for your egress wells i see that

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you know there's usage in the basement they weren't necessarily notated on the plan but is

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is it to just do the like semicircle access in the front sidewalk it's it's regularly the standard

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egress wells what's you know the um it can be it really depends how high we're coming up but yeah

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it's it's a square or a circle no i the on the on the bottom yeah i mean we should know it's on

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this plan how high you're coming up out of the ground um so it looks like it's a gonna be a

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three by three um with a flash those are gonna be very dark right this is a long skinny building um

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um but okay i have no further there's also um if you see the shape of the building how it's

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has an l on each side that also gives opportunity for for light to come in through there as well

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so you're talking about these two spaces here that's correct from the top correct

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questions from our attorney no questions at this time mr. chairman comments from the virtual audience

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no questions at this time mr chairman comments from the virtual audience no hands at this time

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no hand

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chair thank you chairman and good afternoon david vector with the city planning commission

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chairman of board members the comprehensive plan recommends a change in zoning at this location

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from rm4 to rm1 residential multi-family the city rezoned this neighborhood in 2017 in a community

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requested map change the appellant requests relief from the parking requirements in the zoning code

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