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Hearing video

ZBA Hearing - September 8, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Sep 8, 20216h 24m

We've got refusals for open area, very minimal, 25% required, 15% proposed. Same thing with the

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nine foot rear yard requirement, can't meet that.

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So we've proposed seven feet and just over seven feet

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and the rear yard area was the last thing

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that we were refused on.

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But in any event, the plan as designed

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and I'll just get down to it

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so we can just walk through it very quickly.

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If I can get down there, yeah, here we go.

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a little bit too big all right

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about that okay so here's just a nice rendering of what you're going to see from the street

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they're proposing to do a brick facade mirror some of the traditional look and materials of

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the neighborhood with a cornice line at the top to mirror some of the traditional

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uh philadelphia row home designs uh you can see that the um the house is it's not going to be an

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overbuild or anything like that because of the small lot size uh you know we're we're getting

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as much house as we can into the into the lot and at the rear right here you can see is the um is

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the side of a home with no windows because it's right there on a property line they can't build

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them back by right so there's going to be no deprivation of light and air the immediately

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adjacent neighbors uh 1705 montrose uh they were in support of the project came out in support of

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it we're going to try to be here today um but um they had other commitments weren't able to they're

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in support of the project they're aware of it uh the the home is is uh basically designed just to

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kind of meet the uh the size of the footprint that they had before and um and and also just as it

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relates to the uh hardship uh because this was a property that was lost through casualty through

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no fault of the property owner under section 14 uh 305 10 zoning code any property uh that has

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been lost due to casualty like this that's not the fault of the owner uh i.e she didn't burn it down

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herself uh and tried to get a rebuild um that uh she can replace a property that was previously

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non-conforming the home was previously non-conforming it did encroach on the uh what

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what is now the uh the 25 open area nine foot rear yard um at the rear and so we're just really just

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trying to go back um stick with that floor plan and go up again although the uh although the home

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is going to be taller than the home next door it's still below the uh maximum height of uh in

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this rm1 district uh it can build up 38 feet uh proposed is to build up to uh just over 35 feet

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at the roof line and um just uh over uh it's uh 36 uh 36 feet nine inches at the parapet

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and uh the pilot house is going to be right smack dab in the middle of the uh of the roof deck to

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access the roof deck and so it's going to be won't really be able to see it from the street um and

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from the side and because there's a um because there's a vacant lot there right next to her right

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now it eventually there's probably going to be a house next to there uh so you won't be able to

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see the pilot house from that side as well. So for that reason, I do have, I believe Ms. O'Donnell

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is on the line. And just to go over quickly, we did submit Ms. O'Donnell's deed at Exhibit 1

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and her tax clearance at Exhibit 9. We have some context photos. It was properly noticed. We have

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the certificate of service, etc. So with that, if unless there's a question.

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et cetera. So with that, if unless there's questions from the board, if Ms. O'Donnell is

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online, if you could raise your virtual hand.

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Ms. O'Donnell, if you're there, put your name and address on the record and spell your last

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name and I'll swear you in. Hi, my name is Eileen O'Donnell and you spell my last name O-D-O-N-N-E-L-L.

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do you swear or affirm to tell the whole truth and nothing but the truth

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yes okay jimmon row good afternoon miss o'donnell um did you hear the factual statements that i made

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about this project to the board yes i did and were they accurate yes they were do you adopt

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them as your testimony yes i do okay thank you thank you just the board have any questions

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no madam chair is there anyone in the virtual audience with questions

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i see no hands madam chair thank you planning commission

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madam chair and members of the board the property is designated for single family

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resident for single residential family residential use in the comprehensive plan

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but a zone for multi-family residential their imposed use is in line with the recommendation

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of the comprehensive plan, and in the recommended RSA 5 zoning, lots with a depth of 45 feet or

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less are not subject to any of the provisions that have generated variances for this proposal.

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Consequently, because the requested variances are largely de minimis in nature, the staff of the

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planning commission has no objection to the granting of this variance. Thank you. Calendar

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number 1831, 1703 Montrose Street. My name is Carol Tenere, and my vote is yes.

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James Snell, my vote is yes. Thomas Holliman, my vote is yes.

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Thank you. Thank you very much. Sure. Calendar number 1795 4006 Chestnut Street. The attorney is

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Mr. Jinn is coming back in as a panel.

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Good afternoon.

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Good afternoon.

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Can you put your name and address on the record, spell your last name, and I'll swear you in?

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Yes.

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

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

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I do.

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

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I do.

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Have you emailed the exhibit packet with proof of ownership tax compliance, refusal referral, photos and or plans of the property five days in advance of this hearing?

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And have you met with the RCO?

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Do you have a letter?

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Yes to all questions.

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Okay.

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And I do see that the Spruce Hill Community Association has submitted a letter of support and Councilwoman Gautier supports this as well.

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yes that's correct so briefly you may proceed thank you i'm going to share with the board the

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information relating to this case this is a straightforward application the refusal in this

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matter which i'm going to jump to at this point indicates that for a cmx4 property which is what

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my client has as a property in order to put the proposed new structure with three residential

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dwelling units and one vacant commercial space, it would require one off-street parking space.

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Now, the easiest way to tell the difficulty here from a hardship standpoint is actually looking at

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the photos and plans of the property. The issue here, and I'm going to zoom in in one second here,

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the issue here is that this is on Chestnut Street, which has on-street parking on both sides.

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The property itself is right here in between other buildings and it's a narrow lot.

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It simply is not possible to put a off-street parking here without actually negatively impacting the neighborhood rather than helping.

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As a result, Spruce Hill was more than happy to support us in this endeavor.

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In fact, they indicated there's no way to provide parking at this site for a project of this size and in this location.

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So they're in agreement with our position that it is simply a hardship to squeeze in an off-street parking spot while taking away what would be viable on-street parking.

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The proposal itself will be a new construction, which includes a commercial space and residential above.

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There is no basement living as the basement is part of the commercial space.

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The residential units are all above.

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The residential units are all above one of the larger units coming in at 1,680 square feet, and even the smaller two units are almost 800 square foot each.

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one of the larger units

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So these are substantial size units, even though we're asking for three, which the unit count itself is no issue as well under CMX4.

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In all ways of looking at this application, what we're proposing is very consistent to what is around on that portion of Chestnut Street,

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even though further down they're proposing hundreds of units but our one lacking space

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will not be impacting those proposals nor impacting the neighbors on chestnut that we are

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proposing to build at so with that i'll be happy to answer any further questions from the board

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and direct to any particular exhibit the board would like to see again

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Does the Board have any questions?

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No, Madam Chair.

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Is there anyone in the virtual audience with questions?

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I see no hands, excuse me, I see no hands, Madam Chair.

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Thank you, Fatina.

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Planning Commission?

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Madam Chair, members of the Board, the property is designated for high designated

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DENSITY COMMERCIAL MIXED USE. BECAUSE THE LOT IS IN A HIGHLY TRANSIT ACCESSIBLE AREA

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ALONG AN ACTIVE COMMERCIAL MIXED USE CORRIDOR WHERE A CURB CUT FOR PARKING WOULD HARM

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PEDESTRIAN SAFETY AND RESULT IN A NET LOSS OF PARKING, THE STAFF OF THE PLANNING COMMISSION

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HAS NO OBJECTION TO THE GRANTING OF THE VARIOUS. IF I MAY, MADAM VICE CHAIR, I WOULD LIKE MY

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client just to verify my testimony? Sure. Thank you. Mr. Manok, can you raise your hand

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in Zoom so that you can be identified? My name is Manok Ponukda.

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Wow. Can you spell your name, please? The first name is M-A-N-O-C-H. The last name is Ponukda,

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P-O-R-N-M-U-K-D-A

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Do you swear or affirm to tell the whole truth

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and nothing about the truth?

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Yes.

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Okay.

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Thank you.

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It's all yours, Mr. Jin.

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Thank you.

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Monarch, you heard my testimony

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and saw the presentation I made before the board.

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Can you verify that what I presented is true and correct

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and adopted as your own testimony?

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Yes.

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Thank you.

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Calendar number 1795-4006, Chestnut Street, Carroll-Tanary. My vote is yes.

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James Snell, my vote is yes.

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Thomas Harleman, my vote is yes.

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Thank you.

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Calendar number 2719-6832, Ridge Avenue.

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Mr. O'Brien is coming back in as a panelist.

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Okay.

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Mr. O'Brien, can you put your name and address on the record and spell your last name?

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Yes. Good afternoon, Madam Chair.

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William O'Brien, O-B-R-I-E-N, 4322 Main Street, Philadelphia, 19127.

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

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I do.

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

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I do.

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Have you emailed the exhibit packet with proof of ownership, tax compliance, refusal, referral,

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photos, and or plans of the property five days in advance of this hearing?

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And have you met with the RCO?

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And do you have a letter?

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Yes to each of those questions.

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Okay, great.

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You may proceed.

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All right.

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So this is one of two companion parcels. The board heard the first parcel, 6830 Ridge Avenue,

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on July 21st, and granted the required variances. This is the companion piece. It's 6832

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Ridge Avenue, and it is an existing non-conforming use, it's a three-family dwelling, a photograph

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dwelling and photographs of the existing structure is on page five of the materials.

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of the existing structure is on page.

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It is considered contributing to the Ridge Avenue thematic historic district,

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so there's actually two pieces to this development of 6832 Ridge. The first is the restoration of

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this historic structure to reintroduce a porch that would have been on the original structure

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and to remove a non-contributing addition in the rear.

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Although the property is zoned RSD 3,

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there is no detached single-family dwelling in this block of Ridge Avenue.

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I direct the board's attention to the photographs on pages 12 to 22,

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where you see a bank, a supermarket, professional and medical offices,

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a funeral home, a bar, restaurant.

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In fact, two doors, two properties away, on page 14 of the materials, these two semi-detached structures were demolished in the last two weeks to make way for a by-right 77-unit multifamily structure.

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On pages 7 to 11 of the materials are the prior approvals that have been issued by the Historic Commission, Streets Department, Water Department.

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and page 11 is the approved erosion and sediment control plan.

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As I mentioned, the RCO has met about this project

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and their letter of support is on pages 3 and 4 of the materials

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and they strongly support this project.

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I'm going to turn this over to Chris Karakoff, who is here, if he could become able to participate,

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I can bring up the renderings and he can talk you through what we're looking at.

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Chris, could you raise your hand?

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He's coming back in as a panelist. He has to unmute himself.

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Thank you.

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While Chris is turning back in, the building to the left, that was the subject of the hearing

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on July 21st. This hearing is about the building on the right, the white stucco facade that shows

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the historic building restored with the original stucco finish that it would have had and the

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reintroduction of the front porch. Chris is now here and I'd like him to speak about the structure

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that will be introduced into the rear portion of 6830 and you can see it here uh on the right side

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behind the driveway. Okay Chris can you put your name and address on the record and spell your last

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name and then I'll swear you in. Sure Chris Karikoff it's C-A-R-I-C-K-H-O-F-F.

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Do you swear or affirm to tell the whole truth and nothing but the truth? I do. Okay.

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um thanks bill for the intro uh yeah just to speak briefly we we met with historic

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and worked closely with them uh at the uh with the design of this so we're restoring uh the historic

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structure to the front um and at the request of the historic board we were asked to separate our

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proposed uh three-story structure in the back from the the main historic building uh which we

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We are separated by about five feet, making this a second building on the site.

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The exterior, we're proposing to do a stucco.

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There's no roof deck proposed, just roof access for maintenance.

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It's three stories.

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We have parking below with 16 spaces, and then we have two floors of units, each with

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six six units per floor

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this is the first floor plan you're seeing the parking to the rear of the the site which is on

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the left of the page here below that is the unit one in the historic building which is a one one

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bedroom unit you jump to the next page maybe go

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second floor you're seeing in the green there is a two-bedroom unit of the historic structure

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on the second floor of that building and then to the rear is are the six

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on the second floor of that building and then to the rear is are the six residential units

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occupying the second floor of the proposed structure to the rear of the parcel

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