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Hearing video

ZBA Hearing - September 8, 2021

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

COMMUNITY ASSOCIATION, WHICH IS THE COORDINATING RCO FOR THIS MATTER.

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What we're trying to do here is simply add a fourth unit for this RM1 property.

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We're just slightly below the limits.

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This property is owned by Wise Holding Company, LLC, as indicated by the DEED.

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Certificate of Tax Clearance, I'm just going to make it a little bit smaller.

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It's just easier to navigate some of these documents.

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But as you can see, there's no money owed by them.

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They are tax compliant.

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The notice of refusal, again, we are RM1 property.

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We're seeking four dwelling units.

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Under the code, we're required to have 1,440 square feet of lot size.

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We have 1,376, so we're just slightly short.

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Our application for appeal to the Zoning Board of Adjustment requesting approval of this

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zoning variance along with the notice of refusal and our project information form.

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Maps to the area.

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Again, we're not seeking to take an RSA 5 property and make it into multifamily.

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We're simply asking, because of the size of the lot, the way it's situated, and giving

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the community support to allow us to have one additional unit there.

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maps of the area with the google map photographs of the property my client purchased this property

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this way it clearly needs some tlc and my client tends to do that photographs to the right of the

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property on north 60th street as you can see we have a trolley line here for public transportation

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to the left of the property on north 60th street there is a similar situation and i think it is

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even referenced in the letter of support there is a nearby multi-family dwelling which is also

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four units which is undersized which has a zoning permit at 1243 north 60th street so it's not out

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which has a zoning permit at 1243 North 60th Street.

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So it's not out of sorts to have such a use on this block,

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similarly requesting for units.

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Plants and drawings, I'm just going to reduce it just slightly

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so we can just quickly walk through the plants and drawings.

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But there's a front porch.

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We're not changing dimensions of the property at all.

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You walk from the porch, there's a vestibule area.

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To the left is unit one, which is a bi-level.

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You go up a flight of steps, you know, the flight of steps, there's two units on the second floor, units two and unit three, and then unit four is on the third floor.

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One of the reasons why I believe we did receive support is that by increasing it to four units, it makes it more affordable for the community.

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So our letter of support, just going to increase size here.

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but as you can see not one member of the community was against this project they are in support with

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the proviso that we provide these fire ladders there i don't know if this is a proviso that's

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enforceable but there's these ladders that you can build into the wall which roll down on you know

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outside and my client has no objection uh to doing that on the second and third floors excuse me

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counselor yeah they're not uh legal oh we've gone in front of that we've gone in front of the board

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of building standards similarly for situations like that when that when we talk about sprinkling

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the the uh the building or not and one of the remedies that we've come across and that the

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board of building standards have allowed us to do is to have these type of ladders so if it's not

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code compliant i i do apologize but we have presented this in front of the board of building

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standards you appeal for them yes okay i mean i'll look into it and obviously we don't want

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to do something that's illegal but i have i have presented you know those similar type of like

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situations those ladders that are embedded in the walls

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thank you you're welcome so again you can see the letter of support the again they reference this

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other properties under similar circumstances there are undersized lots and then just proof

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of our notice of refusal the addresses of the 136 properties that we gave notice to the community

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meeting and proof of mailing so with that being said i do have brian wise of wise uh holdings

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holding company llc on the line who can adopt my testimony and of course we would be more than happy

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to answer any questions from the board. So, Mr. Wise, can you virtually raise your hand?

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Mr. Wise, you can unmute yourself. You're free to speak.

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Good afternoon. Brian Wise from Wise. Hi, Mr. Wise. Can you put your name and address on the

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record? Spell your last name and I'll swear you in. Brian Wise, B-R-I-A-N, last name W-I-S-E.

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

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proceed oh yes um mr wise you heard everything i stated today correct and is it true and correct

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yes it is and do you adopt it as your own testimony yes i do i have no further questions

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at this time planning commission uh ron bednar city planning this property is currently indicated

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for multi-family residential on the city plan given the nearby public transit we

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recommend that the request i'm sorry madam this is tanya sunkit yes might we um just check to

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make sure the community doesn't wish to testify? I thought I did that. Is there anyone in the

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virtual audience who would like to testify? Please raise your hand. I see no hands, Madam Chair.

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Thank you. Calendar number 2166-1237 North 60th Street. My vote is yes.

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Confessor Plaza, my vote is yes. James Snell, my vote is yes. Thomas Holliman, my vote is no.

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Thank you.

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Calendar number 2118-1437, Point Breeze Avenue, Parcel A. The attorney is Steve Bertil.

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Mr. Burchill is coming back in as a panel okay great

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Okay, great.

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Good afternoon, Madam Chair.

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Hi, Mr. Bertil.

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Can you put your name and address on the records by your last name, and I'll swear you in and then ask all the questions.

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Absolutely.

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Steve Bertil, B-E-R-T-I-L, Claire Harrison, Harvey & Brandsburg, 1835 Market Street, 19103.

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

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Yes, 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, a copy of the refusal or 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 and do you have a letter?

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Yes, I have a letter. I'm not sure if it reached Ms. Leto, but I can forward that along. I have a letter of support from the RCO. They circulated an email yesterday. I'm not sure if it reached the board.

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Who is the RCO?

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Point Breeze Community Development Coalition.

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Okay.

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Mr. Berto, I don't believe I received it. If you could forward me a copy at some point.

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Thank you. Okay, you may proceed. Thank you very much. I'll start sharing my screen.

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Okay, as was stated, my name is Steve Bertil. We're here presenting an appeal for 1437-39

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Point Breeze Avenue. I represent the owners and the applicants of this appeal. Lepore Properties

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with me I have our architect Ivano D'Angelo and representatives from the owners Tommy Lepore,

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which I will call on later after my presentation. As stated, as you can see from here, the property

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in question sits along point breeze avenue uh between um along the point breeze avenue corridor

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uh the property itself uh is zoned to cmx2 um as the entire corridor is um we're seeking the

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erection of a mixed-use structure um for use of ground floor commercial with some commercial

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storage in the basement and six dwelling units um along among uh three floors above the ground

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for commercial. Just to give everyone context, here's an area of the block and the commercial

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quarter we're talking about. The property is currently or received approval for a lot

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consolidation. It is one structure. It originally was two, but sometime in the history of the

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property, they were combined for one large storefront with residential units above it.

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but it still sat on two individual parcels, although it was one structure. And so we

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consolidated the structure, and the property itself is going to be demolished due to conditions,

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which you'll see in a second, and this is what we're proposing to erect post-demolition.

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Again, you'll see here, it's between Reed Street and Dickinson Street,

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next door to a vacant parcel. And so just to get a sense of the the current condition of the

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property, here's an exterior of the frontage on the property is currently vacant and blighted

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with structural issues, hence why it needs to be demolished. And it's in the middle of a commercial

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corridor. Here's some additional shots. This is along the sidewalk. As you can see, there's some

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foundational cracks down the side. You'll get a better idea of conditions when we get to the

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interior. Here's a better shot of it. This is just a shot of Point Breeze Avenue so you get a sense

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of the area context with it. As I stated, you can see it's all commercial on the ground floor,

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residential up top. And here is a shot. Let's start looking at the interior. As you can see,

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at one point it was a commercial uh i believe a sneaker store um as you can see it's vacant

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there's um some foundational um water damage structural damage it's not in great shape as you

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can see i think part of the reason the community um supports this uh project is because as was

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discussed in our multiple meetings, this property at some point is coming down, whether we do it

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safely or not. It's either the elements are going to do it or we're going to do it safely. And so

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as you can see here, there's sinking on the roof. You'll see structural issues there.

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you'll see structural issues there.

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Okay.

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Okay, so the refusal that we have is

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for the proposed use of the residential,

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or excuse me, the density.

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At the time of the refusal, we were allowed,

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we were permitted three units by right.

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We were seeking six.

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At the time that we received the refusal,

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in fact, two days before,

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the law changed and the new calculations for the section that dictates the buy right density

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increased our buy right proposal from three units to four units. We are still seeking the six,

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which I'll explain in a second, but this is the refusal that we have. Now we did meet with the

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community meeting, meet with the community group twice. We met in July and in August.

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The community group, as I stated earlier, is the Point Breeze Community Development Coalition.

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We had a pretty substantial meeting that generated some actionable and really sort of detailed comments about our proposal, our original proposal and where we are now.

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And so just to give you some context, this was the original design.

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After our initial meeting, we leave a lot of comments stating that it's too modern,

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it doesn't fit within the character of the neighborhood, too much glass, the commercial

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space is not highlighted enough as this is a commercial corridor. The community wanted

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to see additional three trees, benches, wanted more storage and overall change to the character

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and also wanted us to agree to some provisals regarding trash. And so we went back to the

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drawing board, took a lot of all, you know, many of the comments, seriously considered them and

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made some substantial changes to what we're trying to do. And so, sorry, excuse me.

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And so just to give you some additional context, all of these structures here on these photos

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are structures along the commercial corridor on this block.

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So this was our inspiration for the redesign in conjunction with all of the comments that

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we received from community that were very helpful.

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and so we ended up as i stated making some substantial changes um here is this zoomed

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in enough can you see that it would be helpful if you can make it larger okay

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Is that better?

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It's great.

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Okay, awesome.

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So the first section is the basement.

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As you can see, we have some commercial storage.

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One of the changes that we made is we added interior laundry storage.

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We added interior bike storage, which is a request, and then additional residential storage,

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but maintaining some storage for the commercial space.

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The next section is the ground floor commercial, which is entirely commercial. It's about

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1,100 square feet of commercial space. This next section is identical on the second, third,

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and fourth floor. As you can see, there's two units per floor. The front unit is about 651

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square feet and the rear unit is 581 square feet. This floor plan, as you see here, is identical

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on the second, third, and fourth floor.

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There is a pilot house, but there is not

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a residential roof deck.

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The only thing that's up here is mechanical.

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So the residents will not have access to the roof.

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That was something that we thought

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was not in the community's best interest

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to have a roof deck for residential

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along this commercial corridor.

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Let me zoom out a little bit here.

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And so, here's the elevations. As you can see here, you'll get a better sense of the rendering.

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We redesigned it to match the bays that existed. Smaller windows, we added more brick to match the community's desires.

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We changed the street frontage completely to highlight the commercial exclusively with space for canopy design like the rest of the buildings on the block.

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The residential entrance is down the side yard.

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We added, as I said, rear storage.

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We added rear trash storage.

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We agreed to private hauling, which will be every other day.

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And then we added street trees and benches.

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And then we added street trees and benches.

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And so here is the redesign.

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I'm pleased to say that the community was very receptive

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to the redesign that we took their comments to heart.

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And you can see that what's highlighted

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everything I just discussed on the change to the bay

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to match like all the bays that are up and down the block,

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the prominence of the commercial space. This is basically on the entire frontage, the additional

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street trees, the brick. In addition to that, as I stated, agreeing to the provisal of rear trash

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storage, we have an entire area in the rear designated just for the rear dumpsters that

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will be brought out through this breezeway for on collection days.

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And so I'm pleased to report that in our second meeting after presenting the redesign that

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we did we did obtain the support of the community.

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We circulated they circulated yesterday this letter of support, which I will circulate

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which I will provide to Ms. Saleto and the board

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per her request.

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And as such, due to what we believe is something

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that's designed us in the best interest of the community

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that's responsive to community requests and desires,

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we believe that the proposed density,

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which is our only refusal um is de minimis in nature that the it's not a situation which we

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see sometimes when we're trying to cram units someplace that doesn't fit we have two units per

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