civus
Hearing video

ZBA Hearing - May 3, 2023

Philadelphia Zoning Board of Adjustment (ZBA)May 3, 20236h 11m

OK, yeah. And just as to reaffirm, this property has no history of industrial use.

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And we would agree to a temporary variance as well.

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Okay.

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All right.

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So we'll take a look at that.

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We'll vote on that next Wednesday at 2 p.m.

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Thank you very much.

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Okay.

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Thank you.

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Is there anyone in the virtual audience whose two o'clock case has not been called?

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Okay.

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I see no hands at this time.

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We're going to take a five-minute break and then we'll come back and do the 3.30 list.

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Thanks, everyone.

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Thank you, Chair.

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Good afternoon. My name is Bill Bergman, and I will be chairing the 330 ZBA hearing.

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With me is our Vice Chair, Ismail Shahid.

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Present, Mr. Chair.

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Our Board Member, Thomas Holliman.

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Present, Mr. Chairman.

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And our Board Member, James Snell.

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Present, Mr. Chairman.

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Also present is Hillary Emerson, our attorney, and our executive director, Tanya Sunkett.

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Here's our virtual format.

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Be advised the proceedings are being recorded.

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The video will be available by contacting TanyaSunkett at phil.gov.

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For the benefit of our court stenographer, we ask attorneys and witnesses to identify themselves before testifying.

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If you're participating by phone and you wish to testify, press star nine to raise your hand

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and star six to unmute. To enter an appearance statement, call 267-270-5548. Leave your email

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and the address of the property in question. And finally, the question answer box on the screen

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is not for comments or testimony. All comments should be directed to our Executive Director,

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Tanya Sumley. Let's look at our continuances for this afternoon. Number one, MI 2022, 006-898-4241

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Boone Street. Justin Crick is the attorney. I understand he has a request for a continuance.

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mr crick good morning members of the board um yes my name is justin crick uh j-u-s-t-i-n

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last name k-r-i-k i am here for 4241 boom street do you swear or affirm to tell the truth the whole

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truth and nothing but the truth yes and you need a continuance yes we are uh we are hoping to reach

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Yes, we are. We are hoping to reach a compromise with the RCO and need to get some proviso plans drafted for an additional meeting.

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a compromise with the

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MI 2022-006-898-4241 Boone Street. First listing. The case is continued. Thank you for calling in, sir.

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Thank you.

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Are there any other requests for continuances?

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i see no hands at this time chair

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case number 11 mi 2022 zero case number nine mi 2022 006 978 2034 ripley street

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if the owner is present please please uh raise your hand

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We have a request for withdrawal, but we do not have the withdrawal letter yet.

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Are the owners here for Ripley Street? If you are, please raise your virtual hand.

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I see no hands, Chair.

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MI 2022-006-978-2034, Ripley Street. That case is continued.

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you. We're going to start with case number. We're going to go to our list. Case number five.

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MI 2022-007-150-4801 North 9th Street.

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Marush Sanja is the owner. It's a pro se. This application is multifamily household living,

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three dwelling units in existing structure. The proposed multiple family household living is

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prohibited in the RSA 5 zoning district. There is a recommendation of support from the Logan

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Square Civic Association. Chair, Mr. Sinai has come back in as a panelist now.

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Sir, could you unmute yourself? Thank you. Could you state your name, please, and spell for the

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court reporter. Sure. First name Mirosh, M-I-R-U-S-H. Last name Sinaj, C-E-N-A-J.

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

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I do. Our vice chair has just a few questions for you, sir.

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Good afternoon, sir. Have you emailed in all the required documents and exhibits that are

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needed to proceed with this case five days in advance of this hearing yes i have thank you

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please proceed and share your screen

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okay um we should thank you thanks um so i'll start with the property deed i'm the owner of

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this property. I bought this property in August of 2022. This is my tax clearance for the property

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and the recently paid off clearance. This is the refusal. This was refused because the house is

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zone for single family. And this is my appeal. So this is just a brief description. This is a

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corner, three-story building. It has three existing units. This is an existing property.

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I bought it this way. There are three gas meters, three electric meters on the property.

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You'll see that it's a huge, it's a very large property and with good size units.

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And before I went to L&I to get the rental license, I was, I got the inspection for Section 8 and I intend to rent it out through Section 8.

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This is the project information form.

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These are the list of the neighbors.

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Only 113.

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there are some um there's some land that was uh in the front of the property that's why there are

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so few and these are the the postages posted um this is the the letter that i sent out um again

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just stating that i'm just trying to legalize this existing triplex um and that this is already an

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existing three-family house, and only single families allowed for this area.

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Do you have photos of the house?

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Yes, I do.

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Let me show us the photos.

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Okay.

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This is the front facing the front of the house.

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um this is let me see if there's a large photo so all three units are above ground

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Let me see if there's a large photo.

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first unit second unit and third unit um you can see on the side um the first uh the ground floor

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unit has two entrances and the second and third uh units above have uh one entrance

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um i'm just going to go back i did i did have a meeting with the name nearby neighbors and the

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logan rco and um i appreciate their vote for support and all of them voted in support of the

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project um and these are the three meters and three three electric meters and three gas meters

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that are existing on the property three furnaces three water heaters and i have a sketch

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of the unit sizes they're they're a good size i mean these are good very good sized units

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um so when you when you when you bought the property you bought it as as a dupe as a triplex

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correct but it doesn't have the zoning i understand i understand and do you have any

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idea how long it was a triplex before you bought it um this property has been a triplex for at

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least 100 years okay um it's not okay and i have some properties uh photos of the property

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all right all right questions from the board board here no mr chairman no questions or comments

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from the virtual audience.

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Chair, we have Charles Richardson.

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Mr. Richardson, please unmute yourself

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and wait for the chair.

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Hi, Mr. Richardson, you were already sworn.

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Just state your name, please.

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Charles Richardson, R-I-C-H-A-R-D-S-O-N,

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Office of Councilwoman Cindy Bass.

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Councilwoman has no opposition

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to granting the variance.

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Thank you very much for calling in.

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Is there anyone else in the virtual audience?

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Chair, I see no other hands at this time.

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Planning Commission?

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Ron Bednar, City Planning.

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First name Ron, R-O-N, last name Bednar, B-E-D-N-A-R.

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

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I do.

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Proceed.

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So while this property is currently indicated for residential use on the city plan, given the physical circumstance of the site, its use history, evidence, we recommend the request for variance to be granted.

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Thank you.

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MI 2022-007-150-4801 North 9th Street.

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I vote yes.

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Tom Snell, my vote is yes.

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James Snell, my vote is yes.

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Ishmael Shaheed, my vote is yes.

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Thank you, sir.

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You have your votes.

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Thank you very much.

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Have a nice day.

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Okay.

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Now we're going to go to number one.

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Number two, I'm sorry.

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I'll be right with you.

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Number two, MI202-006-874-534-Titan Street.

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Michael McIhanney is the attorney.

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recommendation of support from dickinson square west civic association letter of non-opposition

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from council member squillett chair mr michael henney is coming back in as a panelist now

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good afternoon sir good afternoon state your name please and spell for the court reporter

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Michael McElhenney, M-I-C-H-A-E-L, last name M-C-I-L-H-I-N-N-E-Y.

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

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I do.

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Could you identify your client, the relationship to this property?

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My client in this matter is Francis Hausler, H-A-E-U-S-S-L-E-R. He is the owner of the subject

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property.

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Thank you. Our vice chair has just a few questions for you.

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Good afternoon, Counselor. Do you agree to waive the reading of the refusal and stipulate to his accuracy?

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I do.

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Have you emailed in all the required documents and exhibits that are needed to proceed with this case five days in advance of this hearing?

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Yes.

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Thank you. Please proceed and share your screen.

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Thank you.

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Members of the Board, on the screen is my pre-marked exhibit package that was presented prior to today's hearing.

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I know the board's running late, so I'll be brief.

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Our packet includes our appeal at Exhibit 8, our zoning posters.

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Our packet includes our appeal at Exhibit 8, our zoning posters at Exhibit 9 showing the

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vacant properties at 534, 536, Titan were posted. Our neighbor notices are at Exhibit 10 where we

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met with the Dickens Square Community Group back in February and have a letter of support.

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The deed to the subject properties is at Exhibit 11. My client purchased these properties back in

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August of 2019. At the time, it was an abandoned house that my client has since torn down so that

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he can build his own residence at this property. And our tax clearances are at Exhibit 12,

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showing 534 Titan has a zero balance, and the associated lot 536 also has a zero balance.

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The letter of support was sent directly to the board and is Exhibit 1 of my packet today.

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there were 15 members in attendance at the community meeting and there was no opposition

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to our variance request. Exhibit two is the notice of refusal for my client. My client is basically

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he owns 534 and 536 Titan. We're seeking to combine the two lots into one new lot

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and on it erect his single family home that is dimensionally compliant with a roof deck

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but also with two-car off-street parking. Now, the property is zoned RSA 5, and in this zoning

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district, the off-street parking is not by right unless it's from a shared alley, driveway, or rear

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street, and Titan Street is a legally open street, which is why we're seeking the variance request

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today. Exhibit 3 is the zoning map of the property and an aerial map. It's just showing the property

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is RSA 5, surrounded by other single-family properties. And the aerial map is just to

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orient the board of where we're at in the city. This property is three blocks south of Washington

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Avenue, north of Wharton Street, and in between 5th and 6th. As I mentioned, when my client

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purchased the property in 2019, it was an abandoned house. And photograph four just shows what the

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house looked like when he took possession, with plans to build his own house on the property.

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exhibit five are the site photos as you can see the property is now a vacant lot

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in the middle of the screen other properties on the block are single family in nature just

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like my client seeking page two shows the properties to the east on the south side of

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titan street and my client's property is also on the south side of titan street

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properties immediately to the east of my client's property is has all street parking for a garage

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at 528 Titan. That's the lower second picture on page two. And the rest of the properties on this

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block are, again, single family in nature. Going down the block to the east towards Fifth Street

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are other single family houses. And then we get to the property at 514 Titan Street, which is the

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lower picture on page three that has the same design, similar design of what my client's looking

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for, which is a door on the left side of the house and a garage for off-street parking to the right

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to the west side. And importantly, going back to these photos, the parking is only on the north

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side of the block. All the properties on the south side, there is no street parking. So my

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client's proposal will not be taking any parking away from the street for the neighbors, which is

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why we have support to bring cars off the street. The properties, looking at page four, are just the

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properties on the north side of the block. Again, all single family, or strike that page five, are

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all properties on the north side that are single-family, and the property at 529 also has

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off-street parking, similar to what my client's requesting. And the rest of the properties are

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just single-family houses going to the east of the subject property. Exhibit 6 is a lot

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consolidation plan, and I'll zoom in because it's super small to see. These are very small lots on

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534 Titan is 13 wide by 40 deep. 536 is 12 feet 7 inches wide by 40 feet deep. So very small lots.

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They're 496 and 523 square feet respectively. The consolidated lot will

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generate or result in a lot that's 1035 square feet and it will be 25 feet wide by approximately

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40 feet deep. On this consolidated lot, my clients, as I mentioned, seeking to erect a

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similar property to the other properties on the block that's dimensionally compliant.

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Looking at the rendering, it's a 32-foot structure with a roof deck and pilot house,

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similar to 514 Titan. The front door is on the left of the house, the garage is on the right,

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and the rest of the features, as I mentioned, just dimensionally compliant roof deck

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um plenty of rear yard space 10 foot rear yard roof deck um and the

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plenty of rear yard space, 10-foot rear yard, roof deck, and the front, there is no parking

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