civus
Hearing video

ZBA Hearing - January 17, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Jan 17, 20244h 32m

exhibits 9 and 10 of our packet. In addition, we attended three separate

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Exhibits 9 and 10 of our packet.

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In addition, we attend

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meetings with the West Girard Progress RCO, the Fishtown Business District, and

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the coordinating RCO, which was or is the South Kensington Community

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Partners. The Fishtown Business District did provide a letter of support, which we

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have at Exhibit 12, and as I noted, we just received the letter of support from

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south kensington community partners which we have submitted to zoning board council we met with

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south kensington community partners on two separate dates one with their zoning committee

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on december 6th and then again on december 20th at the public meeting the property was also posted

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in accordance with the zoning code and we have an affidavit a notarized affidavit of posting

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at Exhibit 8. So we are here today, Chairman Bergman and members of the board, to request

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zoning relief for the construction of four four-story row homes along North Hope Street.

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And I think this will provide some additional context for you. This red rectangle represents

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the area where the proposed dwellings will go. This is

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Hope Street. Back here is North Front Street.

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We would request zoning relief to allow for proposed

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decks located at the second level rear of the property

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because in the RSA 5 zoning district, you are not permitted to have

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encroachments in the rear yard. We're also looking for relief to allow for

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off-street accessory parking to be accessed from the front-facing

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garage as in the RSA 5 on-site parking needs to be accessed from a rear alley or driveway which

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this does not allow for and third we have a request for relief to allow for creation of these

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four lots at 825.5 square feet so under the fifth district overlay if the adjacent parcels are

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more than a thousand if 75% of the lots are less than a thousand square feet or

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smaller you can subdivide this lot into 800 square foot lots however these

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adjacent parcels most of them are larger than a thousand square feet so we are

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required to obtain a lot area variance also the subdivision plan that was

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submitted at this time is not approved by the Planning Commission because those

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lot sizes do not meet the code or the overlay. But once we, should the board grant the variances,

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then that would eliminate that refusal. With that, I would ask Paul Lorenz to raise his

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virtual hand and be elevated as a panelist. Hello, Paul Lorenz here. Hi, Mr. Lorenz. Could

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you state your name and spell for the court stenographer? My name is Paul Lorenz. It's P-A-U-L,

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last name, L-O-R-E-N-Z. Do you swear or affirm to tell the truth, the whole truth,

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nothing but the truth? Yes, I do. Please proceed, counsel. Thank you. Paul, could you please

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briefly describe your educational background and work experience? Sure. I hold a Master of

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architecture degree from Yale University. I have been working in Philadelphia for seven years now,

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and for five of those years, I've been a licensed architect in the Commonwealth of Pennsylvania.

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And at Exhibit 13, can you confirm that that is your resume? Yes, it is.

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Thank you. And can you please describe your role in this proposed development?

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Sure. So I've been working with Archive Development really since they acquired the property.

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I believe it was in 2021. Alongside Kerry Jackson Yance, principal of Canada Design,

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we've developed this concept for row homes with Archive Development.

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All right. I would like to offer Mr. Paul Lorenz as an expert in architecture and design.

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I think we'll accept him for the work he's done on this project.

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Thank you. So, Paul, as you can see, I have control of the slide. So I would like you to go through describing the site location and then the project.

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So is there a specific slide you'd like me to go on the zoning plans first?

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or would you like to settle on this one right now to do we can start with page six thank

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you um so uh chairman bergman members of the board

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So, Chairman Bergman, members of the board, as we can see here, the project is located on Hope Street, which is one street west of Front Street in the Kensington neighborhood.

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Hope Street is really a quite narrow side street that is occupied primarily by row homes, in addition to the existing use of vinyl goods facility.

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As you can see here in these photographs, again, the street is quite narrow.

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I would like to note that all of the cars we see here are not legally parked.

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Importantly, there is no legal parking allowed on Hope Street, which is a it's only I believe the cartway is 13 feet wide.

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And this is just a one way alleyway.

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Could you go to the next page, Irene?

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All right. As it's been noted earlier, the project is located in an RSA 5 location.

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The lots across the street are also RSA 5. However, the lots behind and adjacent to the

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project location are CMX 3. And that's really one of the main reasons why a majority of the

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lots around the area are above 1,000 square feet. The next page, please.

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All right, so this is just the zoning document that we submitted to LNI as part of this

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application. We can just go to the next one as well, please. Thank you. All right, we've got a

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site plan here. As has been noted before, we are proposing four nearly identical row homes

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on parcels that are each 828 square feet. They're really extremely typical row homes of this area,

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very typical size. Each of these row homes does include a proposed single car parking on the

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ground floor, as well as a deck that extends out of the second floor. And in a moment, I'll get

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into why that second floor deck is important. Next page, please. All right, so just to spin

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through the floor plans very briefly, again, we're seeing the garage on the ground floor on the left

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with a bedroom in the back. We do have a rear yard, which does meet the rear yard requirements

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of the district. Going up to the second floor plan, what we would typically see in a Philadelphia

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Row Home on the ground floor, we're pushing up to the second floor. And that's really what's driving

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this second floor deck. So it offers some outdoor space to the common elements of these families

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living in these row homes. The third floor is an extremely typical Philadelphia Row Home with

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the bedroom in the front and a bedroom in the back. The fourth floor, again, is extremely typical of

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many newly created row homes in this area with the primary suite taking up the floor.

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And the roof, again, is an extremely typical roof deck with pilot house, again, typical of a row home in this area.

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Each floor, each of these homes would encompass about 2,500 square feet, and there would be four bed, four and a half bath.

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So it's really meant to house families with children in this area.

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all right so this this building section again describes why we are using a second floor deck

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a deck like this would be permitted on the ground floor however since we have

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our common elements on floor two we are proposing that on the on floor two

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um here i'm just going to extremely briefly describe some of the materiality and forms of

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home as we see here these are just very um sort of contemporary contextual row homes we're proposing

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a simple red brick facade to uh to mesh really well with the neighborhood um and some juliet

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balconies on the second floor um just to offer some uh a good amount of opening to the street

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okay thank you um paul i just want to go back to the lot area and yes of course let me know is it

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which is easier to go back to the i think the um the the zoning map showing the the rsa5 district

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and cmx3 district so if you can explain for the board the adjacent lots and what the sizes of

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the lots across the street from our project are and have this project

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the lots across the street from our project are and how this project actually fits in more with

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the residential dwellings in the area. Sure, of course. So as we can see, the lot fronts onto

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Hope Street. However, the zoning is impacted by these larger CMX3 lots that front onto Front Street.

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The typical lot size on Hope Street is below that 1,000 square foot threshold.

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An earlier calculation that I did came up with 35 parcels that went onto Hope Street.

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Of those, 27 are less than 1,000 square feet.

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So that is 77% of the parcels are less than 1,000 square feet.

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However, given this unique position of our parcel, unfortunately, that CMX 3 lot that surrounds it pushes that percentage of surrounding lots above 1,000 square feet above the threshold.

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I also would like to note that many of the rail homes that front Hope Street, especially

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the newly developed homes, do have the same ground flow parking that we're requesting here.

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13 of the parcels along Hope Street have access to their own private off-street parking.

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so can so to be clear without having a rear drive as we saw from the area of aerial photographs

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and not have any rear access and being prohibited from parking on hope street

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obviously there would be a hardship in trying to park anywhere other than having access on site

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Yes, that's my opinion.

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And we talked about the lot area, but the width of these homes is consistent with the width of the other parcels, single family dwellings along Hope?

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Yes, so both the parcels along Hope Street and our proposed parcels are right within the extremely typical Philadelphia Row home.

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I believe we're proposing parcel widths of just about 17 feet, which is very typical of, again,

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both Hope Street and a typical rural home here in the city. So these proposed dwellings actually

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fit in with the nature and the character of the existing neighborhood? Yeah, I believe so,

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and that's really something that has been front and center during the design process here.

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Okay, and I just wanted to go back to the photos, too, because I believe that they, well, they do show what you were talking about, where other parcels, other single-family dwellings have access to on-site parking.

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correct and really the exact same configuration that we're proposing with the garage on the ground

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floor in addition to the entry door and then the second floor has the main living spaces

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demonstrated on the in photograph a by the larger window on floor two of that existing adjacent

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property okay and with uh with that i would just like to ask you uh in your professional opinion

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if the grant of the requested variances will be detrimental or have a detrimental impact to the

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surrounding neighborhood or to the health, safety, or general welfare of the neighborhood?

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No, I don't believe that they would have a detrimental impact.

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Do you believe that these houses will actually engage the street and they

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allow for additional dwelling units along with the existing housing?

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Yeah, definitely. Again, I'm envisioning four vibrant families being on the street. Once you

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have more eyes on the street, more activities in the street, research has found that health

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and safety really increases. And as you said, this was a factory here. So with these proposed

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row homes, these four four-story row homes, do you believe that the grant of variance will not

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cause any overcrowding of the land? I believe it will not cause overcrowding of the land.

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And it will not impair an adequate supply of light and air to adjacent properties?

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That's correct. We're not really asking for any height or depth variances here,

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which could theoretically do that. In this case, we are not really impacting any of the adjacent

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properties in terms of light and air. And you don't believe that any of these

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variances will impair or injure adjacent conforming properties? I do not believe so.

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Thank you, Mr. Lorenz. So, as you heard from Paul Lorenz, we believe that this

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So, as you heard from Paul Lorenz, we believe that this project meets the spirit and intent of the code and meets the criteria for granting variances.

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We would open it up to any questions.

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Eileen, do you want to bring your client on?

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Yes.

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Adapt your testimony?

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Either Henry or Ryan, can you raise your virtual hand?

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henry siebert has been unmuted and allowed to speak thank you how's it going this is henry

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i'm one of the owners hi sir could you state your name and spell please for the court sonographer

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henry siebert s-i-e-b-e-r-t right do you swear or affirm to tell the truth the whole truth

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nothing but the truth i do please proceed counsel thank you uh thank you henry uh i just want to

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confirm when you are authorized to speak on behalf of the development group and this project

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at the property? Yep, confirmed. Yes, thank you. And Henry, you heard my narrative regarding the

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project. Would you adopt that as, would you say that my narrative regarding the project was

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accurate? Yes, I would. And if you were able to testify and provide a narrative, would you adopt

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my testimony as yours as it's accurate i would thank you questions from the board

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no mr chairman no chair all right questions or comments from our attorney hillary amerson

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sorry not at this time mr chair questions or comments from the virtual audience

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here i see no hands at this time planning commission thank you chair bergman and good

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afternoon david fecto with the city planning commission chairman and board members the

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comprehensive plan recommends no change to the residential single family zoning on the hope

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street side of this lot the appellant seeks to create smaller lots than are allowed in rsa 5

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the proposed lot sizes match the sizes of lots on hope street which range from the low

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700s to over 900 square feet. The appellant proposes an off-street parking space for each

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home. Hope Street is narrow with no parking allowed on either side. Off-street parking is

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common on this block. And the variances for the decks are due to the small lot sizes.

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The City Planning Commission recommends that the board grant the proposed variances for

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lot size, off-street parking, and rear decks. Thank you.

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MI 2023-005-778-1424-North Front, number T-B-161104, I vote yes.

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Thomas Holloman.

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With proviso, her refusal dated 116-24.

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Thomas Holloman, my vote is yes with proviso.

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James Snell, my vote is yes, with proviso.

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Ishmael Shaheed, my vote is yes, with proviso.

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Thank you, counsel.

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Thank you, Chair. That concludes my business. May I please be excused?

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You absolutely can. Thank you.

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Thank you. Have a wonderful day.

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Okay. Number 11, MI-2023, 005-888-1537 South 6th Street,

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Dawn Tangrady and Clementine Amazon. Are the attorneys assigned to this?

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There's a recommendation of support unanimous from Dickinson Square West Civic Association

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and a letter of non-opposition from Council Member Squill.

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Chair Clementa Amazon is coming back in as a panelist now.

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Okay.

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good afternoon hi good afternoon council

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good afternoon i apologize you guys can't see my video i'm not sure what's happening here

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okay all right could you state your name and spell for the court stenographer

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of course clemente amazon that's spelled c-l-e-m-e-n-t-a last name is a-m-a-z-a-n

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

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yes i do could you identify your client in relationship to the property

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of course my client is jerry joseph and he's the owner of the property

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okay and our vice chair has just a few questions good afternoon counsel do you agree to weigh the

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reading of the refusal or stipulate to its accuracy good afternoon yes i do have you

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Good afternoon. Yes, I do.

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

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emailed in all the required documents and exhibits

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Yes, I have.

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Thank you, counsel. Please proceed and share your screen.

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Thank you.

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is everyone able to see my screen we can perfect so again my name is clemente amazon today i'll be

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presenting 1537 south 6th street and the property owner is gerardo de joseph he is also on today's

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call. During my presentation I'll be going through the refusal. This property actually has a prior

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use permit that was issued as I'll discuss during my presentation. Unfortunately my client was not

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able to pull all of the necessary permits before the permit expired and therefore we have to present

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this project to the board once again. And I will also provide photos of the interior as well as

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exterior of the photo surrounds excuse me interior and exterior photos of the property

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the surrounding area photos showing that the property was in fact posted the notice for the

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community meeting as well as our certificates of mailing the application for appeals

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seed project information form and our certificate of tax clearance

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so this property is on cms1 it is along the corner of south 6th street and tasker

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