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Hearing video

ZBA Hearing - March 22, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Mar 22, 20235h 37m

Ms. Danish and her family have resided at the home on 21st Street that's adjacent to this public parking lot.

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When Ms. Danish purchased the property, she was also purchasing the lot as a separate lot.

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There were spaces at that time that were leased to neighbors.

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This application involves no new construction.

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It seeks merely to legalize the existing condition.

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As you can see from this existing condition plan on the top of your screen, there were originally three parcels here, and a lot line bisected the existing parking lot.

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Our proposal is to create two parcels, one containing the home that's been in existence,

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as well as one containing the non-accessory parking lot.

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We provided several photos in your package. This is an aerial. This is the home that Ms.

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Danish lives in, as well as the lot you can see here. This is what it looked like at the end of

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year. And this is what the lot looked like in 1964. Historically, this lot was the non-accessory

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parking lot for the Reinhardt Carpet Company. It's been a parking lot since that time,

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almost 60 years. The site is presently zoned RSA 5, which makes sense and accommodates Miss

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Danish's home, but does not account for the lot. The historic configuration of the parking

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lot adjacent to the home in the corner doesn't necessarily permit what standards today would be

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for a surface parking lot. For example, it does not allow for the requisite interior landscaping

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that you would see on a typical surface parking lot that were proposed today. The lot's been a

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fixture in this neighborhood for 60 years. Oftentimes, the community does utilize the lot

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for community events and gathering space. The neighbors support Ms. Danish's request because

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the lot has been a part of the neighborhood in this condition for many, many years. We met with

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CCRA to review the proposal. They held a public meeting to discuss this application, and many of

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the near neighbors did come out and show their support. As a result, you have CCRA's letter of

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non-opposition, as well as the lengthy petition of support from the near neighbors. Again, the

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two refusals generated by this application are, first, the use of an RSA 5 lot for non-accessory

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parking and additionally the landscaping that cannot be accommodated given the size and

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configuration of this lot. We believe this project will not alter the essential character of the

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neighborhood as it's been a fixture here for almost 60 years at least. It likely predates zoning

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and we are proposing to legalize the existing condition. We will not impair the appropriate

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use or development of adjacent property and it will not substantially increase congestion in

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public streets. This project will not be detrimental to the public welfare, as evidenced by our

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letter of support and petition. With that, I would just ask Ms. Danish to be allowed

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to speak. Sure.

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Monty, could you state your name, please, and spell it for the court reporter?

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They have not raised their hand yet.

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Okay.

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Okay.

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Ellen, if you're listening, if you could raise your hand.

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Ms. Danish, wait a minute.

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Okay, Ms. Danish has raised her hand.

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I have a lot of to speak, sir.

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Hello?

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Good morning.

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Could you state your name, please, and spell it for the court reporter?

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Hi, I'm Ellen Danish, E-L-L-E-N-D-A-N-I-S-H.

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Right.

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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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Yes, I do.

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Proceed, counsel.

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Thank you.

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Ms. Dienish, have you heard my testimony today?

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Yes.

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Would you agree that it's true and correct?

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Yes.

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Thank you.

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Questions from the board?

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No, Mr. Chairman.

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No, Mr. Chairman.

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Questions or comments from the virtual audience?

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Mr. Chair, I have a Gail Gizmondi with her hand raised.

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I have allowed them to speak at the...

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Sure.

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Hi, could you please state your name and spell for the court reporter?

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Hi, Gail Gizmondi, G-A-I-L-G-I-S-M-O-N-D-I.

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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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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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I do.

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Are you a neighbor?

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Yes, I am.

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Proceed.

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I live at 2106 Nardine, which is directly across the street from the parking lot.

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And I just want to say I'm in favor of the proposal and that this lot is used for block parties and meetings.

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And during the pandemic, we were able to clear the lot so the kids on the street could play.

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Thank you so much for calling in and taking the time.

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We appreciate your input.

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Is there anyone else in the virtual audience?

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Yes, Ms. Paulina Sajak with her hand raised.

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Hi, good morning.

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Could you state your name, please, and spell for the court reporter?

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Good morning.

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My name is Paulina Sajak, P-A-U-L-I-N-A.

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s-e-c-z-a-k right do you swear or affirm to tell the truth the whole truth and nothing but the

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truth i do and you're a neighbor i am a friend and a neighbor yes oh good okay so pushy thank you

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i like my also friend and neighbor gail gizmondi just stated i am here in support um and in favor

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of this project to be um approved um it is a beautiful space and we are lucky to have it in

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our community. And that's, I wanted to say, thank you. Oh, all right. Thank you. Thank you so much

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for taking on time to clone. We appreciate your input. Is there anyone else?

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See no one else, Mr. All right. Planning commission.

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Thank you, chair, Sarah Bond, Philadelphia city planning commission, S A R A H B A N H.

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The comprehensive plan recommends no change to the existing residential single family zoning.

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The proposed use is consistent with documented prior use of this property and the proposed

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dimensional variance is minimal and does not conflict with the purpose and spirit of the

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zoning code.

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The City Planning Commission recommends that the Zoning Board grant the variance.

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Thank you very much.

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MI 2022-006-086-504-10-S 21st Street, I vote yes.

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Thomas Holloman, my vote is yes.

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Jane Snell, my vote is yes.

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Ishmael Shaheed, my vote is yes.

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Thank you, counsel.

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Thank you, appreciate it.

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Number nine, MI 2022-006-116-2126 North Percy Street.

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It's a recommendation of support from the North Central East RCO.

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The applicant also provided a petition in support signed by five neighbors on the 2100 block of Percy Street.

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Sherman Toppin is the attorney.

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Mr. Toppin, if you're still in the virtual audience, please raise your hand.

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Our attorney has been promoted to panelist. He will be rejoining us shortly.

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Thank you.

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okay good morning mr chair members of the board can you hear me yeah just state your name for

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the record please um you've already been sworn yes and i apologize i haven't changed my virtual

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screen behind me but i'm going to change that so there it is that's better for me

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Okay, my name is Sherman Toppin, S-H-E-R-M-A-N-T-O-P-P-I-N, and the address is 1500 JFK Boulevard, Suite 800.

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

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My client is Ghazi Abbotson. I'm sorry, these are, I have two. Hold on, let me show. Yep, Ghazi Abbotson, and he is the developer and representing the applicant for this particular application.

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

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Yes.

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Good morning, counsel.

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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 all the required documents and exhibits to our offices to perceive this

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case five days in advance of this hearing?

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I have.

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Thank you.

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Please proceed and share your screen.

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Okay.

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Let me share my screen.

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okay and do you see my packet in front of you

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okay this property is 2126 north percy street this is our cover letter

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if you went to the property today you'd see this as a vacant lot in the picture in front of you

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this is my typical packet the refusal for this particular property is generally

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for this particular property is generally dimensional for the most part.

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dimensional for the most part.

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Sherman, I...

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Sherman, we don't see a vacant lot.

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Yeah.

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We see a walled-in building.

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Oh, okay.

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Let me go ahead.

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I think we've shared the wrong.

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Let me go to the right.

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There we go.

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There we go.

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Okay, thank you.

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There you go. That's a little better.

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Yeah, I think you can follow me now, now that we see we're on the same page.

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Okay, so this is 2126 North Percy Street, if you would go out there today.

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Vacant lot, as you can see, and even behind it, if you look through the lot, you'll see there's many vacant lots.

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Other vacant lots in this vicinity, this area, is in transition.

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To the left of this picture is a property that is boarded and not occupied,

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and to the right is a property that is in marginal condition.

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So this is an area of pretty much endeavoring transition.

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We have the refusals that are associated with this particular application are dimensional for the most part.

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We have, as two units are proposed here,

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we are looking at a small variance in the dimensional from the required 850 square foot.

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The existing is 742, and that's one refusal.

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The second is the maximum allowed occupied area,

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70% by code, we are proposing 84.

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So slightly larger to allow for the units

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on this relatively small lot to occupy each of these units.

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Setback for the roof deck,

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five foot setback is required and we're proposing zero.

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In other words, the roof deck being flushed to the facade.

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You have our deed here.

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as you'll see we'll get past that and as we go further down past the deed our application

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it communicates the same and it just speaks to the nature of that there's no change there's

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it won't cause any additional hardship to parking we we discuss in our application that the

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hardships that we perceive is not just economic in doing a single unit but as a matter of right

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you can do the two units on that particular street we just need these dimensional items to

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make the property more marketable this tremendous blight on the street and the surrounding streets

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and it's very difficult to get projects to be accomplished on this street so here we are

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Percy is located near the middle of the street as you saw in the initial picture it's bounded by

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There's vacant lots immediately behind it and several on the streets associated with it.

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Again, this is a picture of the lot as we speak.

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Insofar as plans, the proposed structure will have two stories, well, three stories, I'm sorry.

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As you walk into the first floor in this middle section, you will see that the first floor is a one-bedroom unit.

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The lower level that's going to be dug down for this particular will have no bedrooms.

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So the furnaces and the utilities are the only things in the lower level of the property.

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As you move upstairs, it's a three-bedroom unit, and a roof deck is only available or accessible by the common stairways to the upstairs unit.

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So three bedrooms up top, one bedroom down below is the proposed layout.

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Now, the appearance of the building with these elevations, as you can see on the front, will be red brick straight up. Red brick is the dominant material of all of the houses facing North Percy Street.

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So it will blend in with the existing community housing stock. And as you can see, we're proposing the roof dock deck will be on the front to the very front of the building with the pilot house set back as it should be.

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The rear of the structure will have siding, and of course, that also matches with the kind of properties that are there.

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And you can see again from this viewpoint on the plans, the immediate left of the property is a vacant boarded building.

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And if you can look a little bit over, you can see two buildings over a property.

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I think that's 2120 North Percy Street is already approved by this board for three stories.

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And it is in all the new construction that is created in the vicinity have been three stories and have also had brick fronts.

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Okay.

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For this particular meeting, we did post here's proof of our posting of the zoning board meeting as well as the refusal.

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and we conducted a community meeting for near neighbors in fact in this particular property

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and we conducted a community meeting for near neighbors.

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In fact, in this particular property,

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we conducted two the first one we did by zoom and the rco chair was late to the meeting and so

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people who it was thinly attended maybe only two people from the community in addition to the team

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and when she came on she didn't see the people that had come on who had waited about 20 minutes

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for her to join however so we agreed to do a second community meeting which we did and in

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that community meeting it was also not very much attended as I said this particular block has

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over half of the housing stock has been either boarded or torn down and vacant so we had six

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people there so what the RCO would desire that we do is go to the community do a doorknock in fact

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we did as you can see by this picture 193 letters were sent out for these meetings these were the

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addresses that we mailed for and even though there's 193 addresses to send the mail to about

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