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Hearing video

ZBA Hearing - May 5, 2021

Philadelphia Zoning Board of Adjustment (ZBA)May 5, 20214h 16m

it is an existing structure it was existing as a duplex we are asking the board to legalize

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I do

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the duplex that's existing at the property why we received the refusal as you can see the property

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is unusually small and the rm1 has a certain uh for a lot area requirement for the second unit

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we missed that by about 140 feet. But the property, there is a hardship as the property

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is unusually small. This is a fully RM1 block. Therefore, the property is so small that we

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receive this variance. Also, the board should know that this block, and I'm going to go to the

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overheads, you can see how many vacant lots exist on this block. It is a challenging block.

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there are some blighted properties. I'm indicating with my courser. That's our property there. And

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you can see all of these are vacant lots, vacant lots here, here. It's only a handful of existing

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properties. They are all multifamily. The only new construction on the block is a new multifamily

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where the reason, I'll show you the permit here, the reason why they got the permit is they

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consolidated two lots in order to be able to have the three units. That's how they got three units.

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As you can see, this is an RM1 block. When I researched the prior permits on the block,

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I found many archive documents were missing because this block is, again, a challenging

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development area. I'll show you some photos. These are poor, the condition that the property was in.

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I'll ask my client to speak in a moment, but as you can see, the property was in a gutted

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condition upon purchase. You can see the hot water heater on the floor, on the ground. My client had

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to actually spend significant funds merely to bring the property into a safe condition.

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We met with the RCO.

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Well, passed their letter. Here's their letter. There was only one person on the call. He had no

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opposition. He's reported there. We did the required mailings in advance. I did check in

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with the council person. He has no position. President Clark has no position on the table.

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Let me just speak with Raj. This is a petition. We did get some signatures of people in the area,

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but again, there's very few actually active properties on the block. I'm going to ask Raj

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to unmute himself. Raj, are you with us? Yes, I'm here. Raj, please allow yourself for the record.

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Go ahead. First and last name? It's Raj, R-A-J, last name, Soin, S-O-I-N. Thank you. You swear

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for him to tell the truth, the whole truth, for nothing but the truth? Yes, I do. Thank you. Please

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proceed. Mr. Soin, did you hear my factual testimony a moment ago? Yes, I did. Do you adopt

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that as your factual testimony and that it is true and accurate yes correct okay to mr chairman

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back to i put the plans up um there is actually a side alleyway um along the left side of this

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property which will provide access to rear storage for the second floor tenant and the first floor

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tenant has direct access to the rear yard for trash storage great basement yes sir can you see

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No, no, go ahead.

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Yeah, I see.

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I'll show you the, it's actually a very small carriageway, I believe is the architectural term.

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There's an opening along the side of the house that runs to the backyard.

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I'll show you that in a photo in a moment.

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There is some rooms in the basement, but it's mostly, there's storage and utilities, and the unit has walkout access at the first floor, and we're not proposing any bedrooms in the basement.

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Great.

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Raj, you purchased this property as a duplex, correct?

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Yes, when I saw the listing as an RM1 and the layout was a duplex, correct.

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And the work that you did was to make the property safe

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and to rehab only what were existing conditions at the site, correct?

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Yes, like in some of the pictures that you showed, we had to secure the roof

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and we had to put in a new roof because of many years of water damage.

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And that was a significant cost to you, was merely to bring the property into some compliance.

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That's correct.

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Although there's no violations, though, right?

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Correct. No violations.

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Okay. Go back to the plot. And you have trash access for both tenants in the rear yard, correct?

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That's right.

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And you're okay? There's no basement bedrooms, correct?

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Correct.

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Chair, that's all I have. I would tell you that this property is meant for RM1 multifamily use.

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Here, that's all I have. I would tell you that this property is meant for RM1.

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It's a dimensional issue that requires the variance and the property has, the block is very challenging.

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So we believe this variance is appropriate.

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Thank you.

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I'll move my exhibits into average.

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Thank you. Board has any questions?

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No.

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No.

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Is there anyone else here that would like to speak in this matter?

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see no other hands at this time mr chair thank you planning commission uh ron bednar city planning

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um this property is uh indicated for residential use on the city plan we recommend that the

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request advance beginning. Thank you. Calendar number MI 2020-0.

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Good afternoon, everyone. My name is Confessor Plaza and I'll be the acting chair for this

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zoning hearing. Along with me are board members Thomas Holloman and James Snell.

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Also participating is board administrator Tanya Sunkit and board attorney

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Sharon Saleta are also in attendance. Before we begin, I would like to note the following changes

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related to our virtual format. First, please be advised that this proceeding is being recorded

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and that by participating, you acknowledge your agreement to be recorded. Second, for the benefit

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of anyone participating by phone we ask attorneys and witnesses to please identify themselves

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prior to speaking or testifying third for anyone participating by phone if you wish to testify

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you must raise your hand by hitting star nine then star six to unmute yourself before calling

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the first case, we will hear any requests for continuances or withdrawals. Before we do that,

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also, if anyone here presenting the case today hasn't met with the RCO or hasn't emailed their

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exhibit packet five days prior to this hearing, your case will be continued. But that being said,

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Let's go and continue. Calendar MI 2020-000841-1041 South 53rd Street is being continued. Calendar number MI 2021-000303-1240 Harrison Street.

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There were no exhibit. So this case will be continued. Must be heard. Also, calendar number MI 2021-000132-1630 Fitzwater Street. There were no exhibits. It will be continued. Must be heard.

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calendar number MI 2020-001. I'm sorry. Excuse me, Mr. Mazza. Could we also, once you've read

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those, ask if anyone who was continued for not having exhibits, if there is anyone here for

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Right, right. I'll do that. You're welcome. MI 2020-001-513-3642, North 21st Street. It's continued. Also, MI 2020-000118-4715, Green Street. It's continued.

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must be heard. MI 2021-0001-29-5221 Haverford Avenue will be continued, must be heard.

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There were no exhibit as well. Is there anyone else here that would like to continue the case

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or withdraw a case or felt that one of these cases I've read was due or an error? Please

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raise your hand. Come forward now. Mr. Chair, I have Mr. Patrick Jones. I will allow him to speak

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if that is okay. Thank you. Mr. Jones, can you please identify yourself for the record?

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yes my name is patrick jones um applicant 4715 green street

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uh can you uh please spell your last name for the stenographer

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uh can you uh please spell your last name for the stenographer jones j-o-n-e-s thank you you

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swear for the truth the whole truth for nothing but the truth yes sir uh i also wanted to note

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that um i'm not the owner i'm the expert for the owner i do have the owner on a call okay um

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green street you said 4715 green street yes sir okay mr paulsa um mr jones didn't have a deed he

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did though submit the deed today um can you confirm the name of the owner mr jones gajah

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james and she's on the call it says here exhibits were submitted sunday we didn't have a chance to

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uh review the the exhibit for that reason we're going to continue this case all right understood

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thank you sir thank you have a good day all right um chair this is tanya hey tanya um if i could

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um let mr jones and his and the owner know that because of that minor flaw we could handle this

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um in a earlier manner for continuance if they reach out to me i can accommodate

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based on the fact that they provided everything else thank you tom

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anyone else

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no further hands at this time mr chair thank you first up is calendar number mi 2021

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000040 1323 south south street

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i see you don't answer that sir uh rachel i believe uh she's not available rachel pritzker

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mr stephen potts have uh raised his hands okay

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is he to be promoted

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go ahead

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maybe let's see if that's

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for this case

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he can speak for right now

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if he has a relationship with this case

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sir are you here for this case

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no

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Mr. Potts

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can you unmute yourself sir

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yeah i'm the i'm the architect uh for the project and i i know rachel's intending to be here so i

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wonder if we could would it be possible to thank you thank you next one up it's mi 2021

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1121-000039-1609 West Norris Street.

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Mr. Jin has been promoted to panelist, sir.

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Thank you. Mr. Jin, can you please identify yourself for the record?

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Yes.

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Zen Jin, Z-H-E-N, J-I-N, 1617 John F. Kennedy Boulevard, Suite 1838, Philadelphia EPA 19103, here on behalf of the applicant.

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Thank you.

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Can you spell your first and last name for the sonographer, please?

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Sure.

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Z-H-E-N, last name is J-I-N.

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Thank you.

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You swear a firm to tell the truth, the whole truth, and nothing but the truth?

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I do.

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Thank you.

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

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I do.

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Thank you.

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Have you emailed an exhibit packet with the required documents, proof of ownership,

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proof of tax compliance, copy of the refusal or referral,

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photos and plans five days prior to this hearing?

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I have.

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Thank you.

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Also, have you met with the RCO and have a letter?

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Yes, I do.

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Thank you.

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Please proceed.

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Thank you.

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I'm going to share with the board the information relating to this case.

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Okay.

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This is an application in a RM1 district for multi-family use of three units.

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This particular application falls under the NCP North Central Philadelphia overlay, subarea C,

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and we also have a dimensional variance requesting a smaller than the 25% open space.

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As the board knows, the NCP overlay increases the minimum square foot of the lot required per

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dwelling unit to 425 square feet, and therefore making some of the lots that are borderline much harder to meet.

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and therefore making some of the lots that are borderline much harder to meet the triplex by right requirements.

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We have met with the 32nd Ward RCO. There were attendees in the area, and in the end, after working out a community benefits agreement, as well as a sanitation plan, we have received non-opposition from the RCO.

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So this is currently a vacant lot. It is in an area that actually has a variety of different structures, including a school across the street, similar tall buildings that are more row home style, plus what is single family style housing going further down the other way on the block.

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So while the design itself is not uniform with the rest of the block, it certainly fits the RM1 use, and the area certainly has a variety of uses.

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The light and air impacts are minimal with the existing properties because they actually are separated by a driveway as well as having pretty extensive open areas behind the building where the slight additional depths will not directly really impact the neighboring property.

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As you can see, the neighbor also has a driveway that extends along their property line, so there's a separation between the two buildings as well.

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The proposal here is a triplex building. I'm going to zoom into the floor plan so it's easier to see.

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Oh, I'm sorry. Let me close that.

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So as you can see, the proposal is to have the first floor unit as one unit,

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and then essentially bi-level units that actually runs front and back of the property for two

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additional units. The layout itself have the bi-level units. There are actually three levels.

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The bedrooms are on the two levels and the living room and kitchen areas on the second floor of the

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property. Then you have third and fourth floor basically being living spaces. The first floor

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unit has a single bedroom with living room, kitchen, basements for laundry, utility, and

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storage. So again, the lot itself is relatively large, making it a pretty substantial property

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to build. A duplex actually would be harder to lay out because of the large interior space that

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would be available. As you can see, this is a 46-foot deep house that's being proposed. There

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is an interior court being proposed, as well as the nine-foot rear yard that is normally required

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by code. So we, again, has worked with the community to come up with a community benefits

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agreement to kind of make sure that trash is managed, make sure that construction will not

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impact the neighbors, and as a result, we again have non-opposition from the community. The actual

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square footage difference of the property isn't that great. The lot itself is short

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by a de minimis amount in essence for the by right use of triplex. It is a large lot. As you

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can see, it is 16 foot by 65 feet deep. So it is not a matter of having a 800 foot square

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square foot lot we're trying to push three units it's actually a very large lot that just barely

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falls short of the by right use so I would ask for favorable consideration from the zoning board

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I am happy to show any specific exhibit to the board and answer any questions. Thank you. Does

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the board have any questions? No. No. Thank you. Is there anyone else here in this matter? I believe

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my client should be here um asthma um asma she should be in the audience or abdel uh would be

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the other if you could raise your hand to let the board be able to identify you oh here we go

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ma'am can you please identify yourself for the record spell your first and last name

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Yeah. Hi, my name is Asma Lerani.

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Spell your first and last name, please.

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A-S-M-A, last name L-A-I-R-A-N-I.

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Thank you, sir. Affirm and tell the truth, the whole truth for nothing but the truth?

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Yes, sir.

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Thank you. Please proceed.

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Thank you. Ms. Lerani, were you present during my presentation to the zoning board?

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Ms. Walani, were you present during my presentation to the Zoning Board and have you heard my

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and have you heard

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representation? And if so, can you verify that it is true and correct and adopted as your own

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testimony? Yes, sir. Everything is correct. Thank you. Thank you. Thank you. Anyone else?

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i see no further hands mr chair thank you planning commission

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ron bednar city planning thank you ron you're still on the road please proceed

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this property is indicated for multi-family residential use on the city plan we recommend

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that the request of variance be granted. Thank you. MI 2021-000039-1609 West Norris Street.

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My vote is yes. My vote is yes. My vote is yes. Thank you. Mr. Jin, you're all right. Next one

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And it's MI 2021-000-318-2216 North Marshall Street.

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