civus
Hearing video

ZBA Hearing - April 28, 2026

Philadelphia Zoning Board of Adjustment (ZBA)Apr 28, 20263h 28m

to mention that no reviewing body even though the neighbors and paul's clients and whomever

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else submitted job forms and different requests no reviewing body that's responsible for this

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agreed with the position of the neighbors or paul's clients not because of any other reason

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then there was no evidence to support that you know i understand emotions around some of this

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I think that unfortunately we have to follow the law and the constitutional right that runs with

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the land. We'd run into a really dangerous situation if every time that near neighbors or

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or anybody disagreed with a user wanted to see their neighborhood look different,

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that we could just file an appeal to L&I and invalidate uses and require them to be

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something else. You know, the board would have to feel that they could prove without,

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out, you know, with the evidence in front of them, abandonment, discontinuance, lapsing of this

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permit. And again, hardship and age is a considering factor. You don't have to rent out every single

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unit in your building or you abandon the use. There's many times most buildings for many years

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carry vacancy rates. It's also why they build that into financing models. So I just appreciate the

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time the board has spent on this. I appreciate Paul and the neighbors desire to have something

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else. I just would offer that when a property comes up for sale on a market and you want to

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see something specific, everybody, this is a free market. Everybody has the ability to purchase it.

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Everybody has the ability to try to come together. I understand financial factors and considerations.

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That's no different than my client, Jayden Chen. He had to figure out how to purchase this as well.

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And again, there was no failure to maintain the premises. Many permits were pulled. There was no

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physical reconfiguration, which Mr. Boney affirmed, that there was no physical reconfiguration of the

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property, and there was no removal of improvements or termination of utilities. So I would ask the

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board to respectfully, you know, rule in our favor and decline the appeal against L&I.

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Thank all three of you. We appreciate all the work you've done. So we're going to vote. MI-2025-006-149-3411

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Barring Street I vote appeal denied. Cheryl Gaston I vote appeal denied.

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Tanetta Graham my vote is appeal denied. Tywin my vote is appeal denied.

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Thank you all. Thank you. We're going to take a five minute break

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and then Steve could you get shut up and ready to go. Thank you.

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Thank you Mr. Chair members of the board.

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Excuse me. This is the court reporter. I apologize for the interruption. Are we going to continue past 1230 here?

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Yes.

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Thank you.

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I have to.

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all right all right we're back and we're going to case number two

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MI 2024-006-832-4283 Viola Street, TA-63838.

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Meredith Furlicker is the attorney, and Stephen Masters represents the Protestants.

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Meredith?

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Good morning, good afternoon.

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special exception good morning good morning counsel could you please state your name and

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spell for the stenographer meredith berliger f-e-r-l-e-g-e-r do you swear or affirm to tell

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the truth the whole truth and nothing but the truth yes i do mr masters could you please state

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your name is spelled for the stenographer good afternoon members of uh the board steve masters

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There's M-A-S-T-E-R-S here for representing Viola Street Neighbors.

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uh representing viola street neighbors do you swear or affirm to tell the truth the

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Do you swear or affirm to tell the truth, the whole truth, and nothing but...

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whole truth and nothing but the truth i do okay so um

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my understanding um merdith you're going to finish up your presentation is am i correct

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that is correct all right so give me an idea how much longer that'll be

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20 20 minutes i think at most all right and steve you have four witnesses

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Give me a sense of what we're talking about here.

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And I'm not trying to rush you, I really mean it.

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I understand.

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The bulk of our presentation is going to be looking at a Supreme Court case,

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looking at the transcript of the RCO meeting in which Meredith's client went into great depth

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as to how he was going to populate and run his facility.

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We're also going to be looking at.

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All right.

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So here's what we're going to do.

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We're going to get to an hour and then we're going to evaluate where we are.

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OK.

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And then see what the best way to do it is.

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OK.

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All right.

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So Merneth, you're first.

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Could you finish up your presentation?

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All right.

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Mr. Chairman, members of the board, what I thought would be helpful just to sort of lead into where we are today,

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to just very briefly summarize some of the highlights from the first hearing, then I'll

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move into the legal argument, which is essentially where we stopped last time.

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So again, to briefly refresh your memory, and let me just share my screen here before I move on.

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Okay. To briefly refresh your memory from the first hearing, we presented an application

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seeking a group living use at 4283 Viola Street. After we walked the board through the project,

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we then moved into establishing our entitlement to a special exception under both the Philadelphia

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Zoning Code and under relevant case law. First, we established to the board that the use is one

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that meets the definition of a use permitted by special exception and further satisfies all

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dimensional standards of the code we did go into some granular detail concerning the use itself

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and we established why it unambiguously unambiguously satisfies the definition of group

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living and no other use under the code to do so hold on just because we do have a time issue

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these were all, these were all communicated in the first hearing. So I think that it would be

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helpful to have her go on for things that she hasn't covered, just because otherwise we won't

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have enough to find out. So Meredith, I probably agree with that. I mean, I think, I guarantee you

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we're up to speed on where we stand. Okay. I mean, we had a meeting this morning before we came here,

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so why don't you, I know, I appreciate it. I appreciate it. So why don't we get to the point

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where you finish your presentation. Not a problem, Mr. Chairman. So basically,

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I had stopped right at the point where we were walking into our legal argument,

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and that's where I'll pick up right now. As the applicant, we have the initial burden of proof

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to present objective evidence that the grant of the special exception will not cause specific

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detrimental impacts to the neighborhood beyond which normally might be expected from the proposed

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group living use. As the board is aware, the code contains seven elements. Now, contrary to the

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Philadelphia codes outline, established case law included in our memorandum of law at exhibit 15

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makes it clear that the applicant does not, in fact, have the initial duty to present evidence

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with regard to specific detrimental impacts. Based on the established case law, this duty

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is triggered only after an objector produces its own credible, objective, and non-speculative

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evidence that the application is likely to cause harm. The point here is that while we are going

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to volunteer evidence with regard to these standards, the board is bound by special

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exception case law to provide the applicant with an open-ended due process right to present

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additional evidence following objector's testimony to meet our final burden of persuasion.

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As a leading treatise summarizes, the ways in which a proposed use could have a detrimental impact are so numerous that unless a specific issue is raised by the objectors, the applicant cannot

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that unless a specific issue is raised by the objectors the applicant cannot know what evidence

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to provide in order to defend itself for the board to deny the special exception on the basis of any

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purported detrimental impact the objectors must demonstrate that the special exception will

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generate specifically identified hazards not normally generated by other permitted group living

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uses with great likelihood. Our memorandum of law contains a significant listing of recent

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Pennsylvania special exception cases, establishing that the only successful denials or overturned

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special exception decisions are ones pertaining to highly noxious uses, for example, gentlemen's

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clubs, and gas stations.

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I'll summarize the following elements,

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which are discussed more thoroughly for the Board

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in our Memorandum of Law.

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In the order provided by the Zoning Code,

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first, the proposed use will not cause congestion

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in public streets or transportation systems

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beyond what would normally be expected from a group living use.

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No parking is required for this use under the Zoning Code.

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Furthermore, there is available on-street parking in this area, owing to the proximity

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to Fairmont Park, Belmont Avenue, and Parkside Avenue.

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The residents for this proposed group living use are transitional in nature and less likely

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to have a vehicle.

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The property also enjoys significant access to public transportation, including the Route

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64 and 43 bus lines, just about 250 feet away. Just a smidge further is also the Route 38 bus.

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As mentioned and by way of comparison, 48 units were just approved behind this property

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on Parkside Avenue and an additional 22 units were just approved at 1521 Belmont Avenue,

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just steps away from this property.

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None of these uses have parking.

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Now, those uses include traditional multifamily,

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where there may be more people occupying the buildings

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than is proposed here,

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and with a less transient population,

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much more likely to have a vehicle.

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Here, for this proposed use,

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a transitional model is designed

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to accommodate more flexibility and affordability,

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thereby reducing the odds of residents having a vehicle. There are also universities nearby

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and my client cannot discriminate by law against student tenants who may be interested in renting

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here given the available availability of much more favorable and flexible leasing terms.

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Just by way of comparison, there are no uses on this street with any form of off street parking.

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Second, the proposed use will not cause overcrowding.

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The project itself is underbuilt for this lot, which is evidenced on the zoning plan.

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And I'll just zoom in on the table.

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For example, 37% of the lot is remaining as open space, where only 25% is required.

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Effectively, an entire RSA 5 standard lot size is being preserved as open.

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The minimum lot size in RSA 5 is 960 square feet,

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where this lot results from the combination of several lots and is 3921 square feet.

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In addition, the degree of proposed residential occupancy here is consistent with the density of

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surrounding uses. Again, just by way of comparison, Exhibit 14 shows an outline of other uses

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in the immediate area. Our memo of law outlines a comparison of these densities on a per floor

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basis and concludes that even with a group living use, the proposed occupancy per floor

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is reasonably comparable to the apartment densities that exist along both Biola and Parkside.

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Furthermore, the design team specifically designed the building to comply with the occupancy mandates

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of the building code, and that compliance alone would be evidence that no overcrowding can result.

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Third, the proposal will not impair light and air, as it is designed to be underbuilt

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given the dimensional allowances of the lot.

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given the dimensional allowances of the lot. The proposed height does not exceed the maximum

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The proposed

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height allowed by the zoning code, which would apply to any structure in this district regardless

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of the type of use. Furthermore, as I mentioned, there are several nearby developments recently

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approved by the City, all of which take advantage of dimensional bonuses and will extend to about

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45 feet high. Although RSA 5 standards would not require it, this project does have two side yards

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which help distribute the open area around the property, creating additional opportunities for

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natural light to reach the interior of the building itself. It also reduces the impact of

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the building on surrounding buildings by providing additional separation through a detached building

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design. Fourth, this project will not burden water, sewer, school, park, or other public facilities

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beyond what would be expected from a group living use. The fact that 48 units were just granted a

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building permit feet away is clear evidence that the city's infrastructure is sufficient to

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accommodate a maximum of 50 occupants in this location. Fifth, the proposed group living use

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will not impair or injure the use of adjacent properties. As the Board saw at Exhibit 14,

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this area is dominantly multifamily. Therefore, the addition of another residentially used building,

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albeit group living, will not represent a deviation to the existing residential uses.

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In fact, the proposed group living use represents a natural transition between more traditional

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multifamily uses to the east and the non-residential uses to the west along Belmont Avenue.

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Although the group living use is different than traditional multifamily, the density and the

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occupancy itself is consistent with the density of surrounding structures, including at least

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nine multi-family dwellings just on Viola Street. Because all of the properties to the east are a

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part of the Viola Street Historic District, as shown at Exhibit 19, they cannot be demolished

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or significantly altered. The building here was designed to respect the historic character of the

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street with historically sensitive materials and aesthetics to further prevent unnecessary

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intrusion into the physical characteristics of the block. The trash is designed to be shielded

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from public view behind a fence and can be efficiently wheeled out for quick collection

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by a required commercial hauler.

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Because of the detached design,

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even the construction of the project

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will pose less impact

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than would normally be expected

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from a permitted attached design.

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Finally, the applicant owns many other properties

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in this immediate area

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and has a significant management team in place

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to ensure that its occupied properties are maintained

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in accordance with its high standards.

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Staff will be on site daily to ensure that the property is being occupied and maintained in a safe and community respectful manner.

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Sixth, the proposed project will not endanger the public health or safety by fire or any other means, as it will be reviewed by applicable city agencies during a building permit phase.

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Furthermore, the project sits just feet from a fire station,

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further reducing or mitigating any likely impact.

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Seventh, the project will serve the West District Plan goals, including those for

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revitalization of the Parkside neighborhood, without displacement to existing residents.

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The project further supports the goals of the May 2013 report concerning the block by the

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community design collaborative titled project reclaim which highlighted the propensity for

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economic distress in this area that will be supported by underserved traditional

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transitional housing the reclaim plan expressly states a goal to quote maintain affordable housing

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for low and moderate income residents in a location on the cusp of revitalization

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What a better way to satisfy these goals than by filling an underserved need

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