civus
Hearing video

ZBA Hearing - July 15, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Jul 15, 20205h 54m

It would be a physical impossibility to do that.

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having off-street parking would not conform to the rest of the block. It would require a curb cut

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and would further narrow the house, frankly, because we need more than eight feet for a

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parking spot. So this plan does not alter the essential character of the neighborhood.

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It really does conform to the other houses on the block. It is not detrimental to the public

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welfare. And we do have the support of the community group with the two provisos in our

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revised three-page plan, eliminating both the pilot house and the rooftop deck. And with that,

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I rest. Thank you, Henry. Hi, Chair, Matt. I'll interrupt for a second. I noticed that there are

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two phone callers in. If for some reason someone who calls in on the phone, now it's four,

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please note in order to participate you have to raise your hand in order to do

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that on a phone you must press star 9 and when you do that we can see that you

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wish to participate and share as of right now we have a hand up from Andrew

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Goodman who wishes to speak thank you Tanya good morning mr. Goodman please

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identify yourself with a record. Can everybody hear me? I can hear you now, so please identify

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I can hear you now, so please identify yourself with the record.

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yourself with a record. Andrew.

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Andrew Goodman, G-O-O-D-M-A-N, here representing 3rd District City Councilmember Jamie Gaudier, spelled G-A-U-T-H-I-E-R.

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We're in a firm to tell the truth, the whole truth, and nothing but the truth?

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Yes.

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Thank you, Andrew.

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Please proceed.

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We have some notes that I'll get into the record, but you probably can explain it better than I can.

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so please proceed. Great, thank you. So our office requests that public testimony and board vote be

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postponed until next week so that we have the opportunity to review the updated plans and

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provide those. So Henry, were you aware of that? I was aware of the request, yes. Okay, so we had

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the hearing. We'll leave the record open and resume the hearing on the 21st, Wednesday the 21st,

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and take additional testimony, if necessary, prior to voting.

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Does that work for everybody?

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This is Henry Clinton. Yes, thank you, Chairman.

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This is Henry Clinton. This is acceptable to us and to my client. Thank you, Andrew.

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Okay, thank you. So we'll hold the vote until next Wednesday. Thank you. Thank you, everyone.

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Thank you.

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Anyone else, Tanya?

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No one else has their hand raised.

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you Carol called calendar number could the Planning Commission put on record

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our recommendation for the last yes yeah so thank you this property is

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indicated for residential use on the city plan given the law configuration

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and proposal to match existing character of the block we have no objection to the

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granting the variance based on the revised plan. Thank you. Thank you, Ron.

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Thank you. Chairman, this is Henry Clinton again, and if the board looks kindly upon

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this application, there are three pages of revisions. Okay, Sharon, do I need to

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have that on the record now, or do we wait for the vote? We should wait for the

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vote? Wait till the vote. Okay, thank you. Thank you, Henry. Thank you. Everybody

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ready calendar number 392802031 washington avenue

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frank you have to unmute yourself i thought we were going to do 615 1615 south broad first

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because we expect a lot of witnesses

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on Washington Avenue.

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Do you know what?

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I have nothing on that.

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That was not on the hearing list

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that Tanya sent me

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and it also was on the website.

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All right.

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It's an old list.

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I have the list I have.

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This probably been dated.

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Okay.

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All right.

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Let's go to Washington Avenue.

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Okay.

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So I'm waiting for David Orphanides.

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Okay.

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Give me a minute to promote him.

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Okay. Cutting down trees. Oh, you bet.

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I don't... Okay, David, you can talk now. David, do you agree to waive the reading

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of the refusal and stipulate to its accuracy? I do too. There's a corrected

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notice of refusal and to that one I do. And that you should have that in your

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exhibit book and hopefully in your materials as well. Thank you. Name and address for the record,

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please. My name is David Orphanides from Orphanides in Toner, 2 Penn Center, 1500 John F. Kennedy

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Boulevard, Suite 400, Philadelphia, Pennsylvania, 19102. And I'm appearing remotely via Zoom

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before the City of Philadelphia Zoning Board this morning on behalf of Fortune Property, LLC,

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which is the owner of 2031 to 35 Washington Avenue.

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And David, do you swear and affirm to tell the truth,

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the whole truth and nothing but the truth?

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I do.

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And I have two witnesses with me today.

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One is one of the owners of the property

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with Fortune Property LLC.

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And then Jenny Wan, who is the designer for the project.

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So why don't we get them on the record?

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I'll swear them in and that way we can proceed certainly do you have them there

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yeah

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we have jenny what's the other name uh chelsea huang

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well let's let's go forward and when they're ready to if you when you want to put them on

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well let's let's go forward and when they're right

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the record we'll swear them in at that time i'm sorry can i interject again yeah um i do have a

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hand raised by sean wellen sean are you here on behalf of this case as an attorney yes i am

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Ms. Sunkit and welcome to everyone on the board. Okay. Could you hold one moment? I'm going to

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promote you as a panelist. Okay. Okay. All right. David, we'll begin. Certainly. Again,

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good morning. In terms I'm going to couple some housekeeping matters before I get started that

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are indicated in the exhibit book. In exhibit one includes our photographs of the posting of the

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hearing notice for today's hearing and the notice of refusal at the subject property both on the

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Washington Street frontage and the Kimball Street frontage. This property

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runs through from Washington Avenue through Kimball. It is a mid-block

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property closer to 21st Street than the 20th Street, but there are two street

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frontages with buildings to either side. So we posted both street frontages in

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accordance with the requirements of the zoning code. Our tax clearance is included

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at tab two. The current deed for the subject premises that indicates and confirms that

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Fortune Property LLC is the owner of the property is included at tab three. If you, Sharon,

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can you confirm that they have the, do they have the individual files or do they have the

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small PDF four part version of the exhibit book? I did the four part as well

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as the revised plans and the revised plans forms. Okay thank you. So for your

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benefit we went through and for each of the PDFs we've indicated where those

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exhibits are to assist you in that. So for exhibit one the photographs that's

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at page one of that, what's called part two.

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Our index of exhibits is part one.

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Part two includes exhibits one through 15.

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That's part two.

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Part three includes exhibits 16 to 19,

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and part four includes exhibits 20 to 23.

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In terms of the photographs, that's at page one of part two.

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The tax clearance is at page eight.

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that's page 8 of the PDF. That is not page 8 of the document itself, but to

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assist you in flipping through the PDF, the current deed is at page 10 of the

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PDF. Exhibit number four, which is at page 16 of the PDF, if that helps you,

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that is of arrow photographs of the subject premises and immediate

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surrounding area and I think as you can see if you would be so kind as to flip

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there you will see that this as I indicated the subject property is

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located between Washington Avenue and Kimball Street Washington Avenue as you

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can see from the plans that we have that were originally submitted as well as the

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revised drawings that were submitted is it has an overall right away width of

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100 feet with 79 foot wide cartway and then footways of 13 feet on the south

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side and 8 feet on our side, the north side of Washington. Again, we are located

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on the north side of Washington. Kimball Street, as you can see in the area on as

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you can then for the details can see on our zoning drawings is only 30 as a 30

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foot wide right-of-way. The breakdown is 8 foot wide footways on either side of a

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14-foot wide cartway. There is parking on the south side, as you can see in the

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aerial and also on our drawings and our presentation materials. There's on-street

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parking on the south side of Kimball Street, our side. As you will see, there

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is an existing curb cut on the Kimball Street side of our property. And there

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There are two existing curb cuts on the Washington Avenue side of our property.

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Right now, as you can see in the aerial as well, we have a building to the east of us, which is above our property in the first aerial that's shown, and then what we have is we have buildings then to the west of us.

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Right now, as you can see in the aerial as well, we have a building.

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To the rear of us, across on the north side of Kimball Street, are residential single-family homes.

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To the west of us on our side are the backs of the non-industrial property or properties.

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I think there are two of them there that kind of fit together in a jigsaw puzzle kind of way.

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there is a then to the west of us or east of us as you can see right next to us there is a

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non-residential use this is on both Kimball and Washington and then as you look to the east on

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Kimball our side turns residential the north side remains fully residential and then as you can see

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on Washington Avenue, we have non-residential extending to the east of us. Across is a mix of

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commercial and industrial uses, including an auto body shop, caliber collision, and some other types

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of uses which can be seen in our photographs. The second, third, and third page of our aerial

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exhibits provide a 3D image not a bird's eye view as was the first aerial image of our property

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and the surrounding area. You would see in the second aerial and also in the third aerial the

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3D versions that to the west of us directly to the west of us on the west side of 21st Street

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that's showing an existing structure. And then also then further the next block at the 2200 block

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of Washington on the north side. Those lots have been cleared since the time of, I guess,

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Google took this image. And as you'll see in my, we'll get into in my exhibit book,

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at the end in the last part at tab 21 and 22, you will see that there are development projects.

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There's a development project that's a 2200 block that's been approved by variants by this zoning board.

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It is similarly zoned I-2 as our property for mixed residential and commercial use

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and that you have a matter before you next week for 2101,

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which is the property that takes up the block on the 2100 block of Washington on our north side.

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David, excuse me for interrupting. I'm going to stop you for a minute. Sharon?

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Yes, David, the documents and exhibits that you're referring to,

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would it be possible to pull them up on the screen because there are other people in attendance?

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Sure, sure. Let me see if I can do that, if I can share my screen, see if that...

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Thank you.

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see if this works so can everybody see and you see this I can see that yeah okay great so again

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this is a PDF of just close that out reduce this so you have less clutter up here you can see Mr.

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Whalen, Mr. DiCicco over there to the side. So this is for the benefit again.

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Here's our property where I'm pointing my pointer right now. These are the

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existing commercial uses or non-residential uses that are adjacent to

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us to the east on Washington and the other ones that extend further to the

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east on Washington. These are the residential uses on our side, basically

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two doors down, residential uses across the whole block. And this is Kimball Street, Washington

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Avenue, 21st Street. The two blocks that I was talking about to the west, this is 2101. That is

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coming before you, I believe, next week. Mr. Whalen, I think, is representing that case.

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And again, that is like our property, and I'll show you when we get to the zoning map in a couple

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minutes is also zoned I-2. We'll also need variances for the only variance we

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have left at this point, which I'll get into in a little bit, for a mixed-use

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development project. And then down here at 2201, where you see existing building

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as well, that's already been granted variances for, it's an I-2 property

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that's been granted variance for a residential use, mixed-use there. And as

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you can see on the south side of the property of south side of Washington

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south side of Washington Avenue you have those in commercial, I mean non-residential uses.

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Avenue, you have those in commercial, I mean, non-residential

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This is a view from the north in 3D. Again, you have a better idea of the residences

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that are to the east of us. Here's our property, you have a through property right here,

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and then the residential properties start extending. The opposite side of Kimball Street

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is all residential. Here you can see 2101, obviously an outdated picture. If you were

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driving by there now, it's vacant. This has all been demolished. And again, that is coming

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before the board next week for at least one of the, the only variance we have remaining today,

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which we'll get into, is for the residential, proposed residential use here. And they will also

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be that, looking for that variance as well as other variances. And that same residential variance

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was was already granted at 2201. Exhibit 5 you can see is the zoning map showing the current zoning

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of our block I2 with the residential RSA 5 to the east of us across the street RM1 at either end

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of the east end of the block or either side and that's Kimball Street and then Washington Avenue

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And here, again, you can see the current zoning being I-2 to the east of us, I-2 across the street, I-2 to the west of us, both sides of Washington, I-2 to 2200 block.

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This, again, is the case that's before you next week, looking for residential variants as well as other variances.

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And here you have 2201, which has already been granted a number of variances,

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including the same residential variance that we're here for today.

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I'm going to just real quickly in terms of that, and I think it's important right now,

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and I need to see where that is.

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I'm going to jump to tab 18 to kind of set the plate a little bit.

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And these documents largely speak for themselves, but just to review them,

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Exhibit 18 is in part three, and that is at page 16 of the PDF.

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There are current plans and bills in place to change the zoning of the south side of Washington Avenue,

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the 200 block to IRMX.

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The 2035 plan for presently, and I think I don't want to speak for the Planning Commission,

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