civus
Hearing video

ZBA Hearing - September 2, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Sep 2, 20205h 34m

You're live. Thank you. Good morning everyone. My name is Frank DiCicco. I'm the chair of the

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Zoning Board of Adjustment. I'll be participating in today's hearing along with our Board Secretary

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Mr. Confessor Plaza and Board Members Mr. Thomas Holloman and Mr. James Snell.

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Board Administrator Tanya Sunken and Board Attorney Sharon Saleta are also in attendance.

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For those of you who haven't yet participated in our virtual hearings,

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I'll go through some of the basics of what you can expect. First, we'll begin this morning's

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session by reading a list of cases to be continued. If you believe any announced cases being continued

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in error, we will give you an opportunity to respond. After reading the continuance list

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and receiving any feedback, we will take any additional continuance requests or withdrawal

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request. Then once we've confirmed which hearings are being continued, Mr. Plaza

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will begin calling the remaining cases listed for this session. When a case is

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called, we ask that attorneys representing applicants or other

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interested parties in the matter identify themselves for the record. We

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will then hear the appellant's presentation followed by any

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presentation by attorneys representing other parties. Interested parties and

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members of the public, not represented by council, will be given an opportunity to

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testify. We will finally hear the recommendation of the Planning

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Commission. At the hearing's conclusion, we will either vote the matter

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immediately or hold it for discussion in executive session. Any case held for

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discussion will be voted at the next scheduled Wednesday morning session.

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Please note the following changes to the virtual format. First, we will be

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administering oaths to individual participants prior to their testimony.

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Second, for the benefit of anyone participating by phone, we ask that attorneys and witnesses

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identify themselves prior to speaking or testifying. Third, we'd like to advise everyone

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that this proceeding is being recorded and that by participating you acknowledge your agreement

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to be recorded. Fourth, for anyone participating by phone, if you wish to testify, you must

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raise your hand by hitting star nine and then star six to unmute yourself. I'll repeat, for anyone

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participating by phone, if you wish to testify, you must raise your hand by hitting star nine

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and then star six to unmute yourself. Finally, to enter an appearance statement, call Google

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267-270-5548 and leave your email address and the address of the property at issue.

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And I'll repeat that again. To enter an appearance statement, call Google 267-270-5548

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and leave your email address and the address of the property at issue. With that said, we can

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begin. But before Confessor Plaza calls our first case, we'd like to announce the

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following matters that are being continued. Calendar number 39065-317

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Spruce Street. Calendar number 39040-350 West Oak Lane is being

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withdrawn calendar number 39023 428 north 53rd street i have a notation sharon and tanya possibly

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being withdrawn do we get any clarification i believe we are waiting for a letter to confirm

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that but for now it should leave it as it continues yes okay so calendar number 39023

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428 north 53rd street is being continued unless otherwise notified calendar number 39697

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3895 Richmond Street, calendar number 39465-9509, Whale Pump Drive, Whale, W-H-E-E-L,

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Pump Drive. Case being withdrawn is calendar number 39407-56 East Haines Street. Also being

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continued are cases MI-2020-000869, 2037 South 56th Street, MI-2020-000777,

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2035 South 56th Street and MI-2020

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And MI-2020-000871, 5536 Paschal Avenue, MI-2020-000872, 5534 Paschal Avenue, is also being continued.

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So at this time, we'll ask if anyone believes that a case was called in error.

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to be continued or withdrawn, please raise your hand at this time.

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Or if you wish to ask for a continuance or withdrawal,

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please raise your hand at this time also.

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We have a head up, Madeline Cartwright.

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But Ms. Cartwright, you have an older form of Zoom.

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so you're not able to talk.

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I will promote you to panelists just for the audio to discuss a continuance.

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Ms. Cartwright can you hear me I can see you Ms. Cartwright but I can't hear you

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Is there a way maybe we can get her to call in by phone and hear what she has to say?

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Yes can you call in by phone Ms. Cartwright and your assistant can you call us by phone?

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Because we can't hear you it only shows that you have video.

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Do you need the number?

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Okay, if you want me to see if I can chat with her some kind of way.

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yeah she can call hers is her um what i'm sorry her question in the uh q a box is why okay now

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she's connected to audio hello hi good morning good morning good morning miss cartwright would

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you please spell your name for the stenographer c-a-r-t-w-r-i-g-h-t and your address six three

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the property address or my address property address four two eight north five three 53rd

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street okay um that was a case we called to be continued why we're in a firm to tell the truth

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the whole truth and nothing but the truth yes um there's a request to have the case

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continued do you own that property i own the property and you didn't make the request for

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continuous? I did not.

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Karen, do we have any information as to who made that request?

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I believe we did not receive exhibits by the five-day, by Friday.

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Oh, okay. You know what happened is the CVA, is his name the CVA?

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SRO, you know the community RCO, sent me his letter on Thursday

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And as soon as I got it, I sent it.

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I even called down there.

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Ms. Cartwright, you were also required to submit a deed,

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a copy of the refusal, photos of the property.

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Yeah, I sent all that.

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I sent all that.

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I sent that before Thursday.

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You sent it to my email address as well?

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I had two email addresses, an email and a CC.

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I sent it to both.

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I am seeing a photo of the refusal that was received Saturday, and then there were additional

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I am seeing a photo of the...

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documents received on Thursday.

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the letter from mr from the beautiful rcl um can i suggest that we put this back a case and if i'm

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able to go through and verify that all the required documents are there that we move forward with it

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we do that all right miss cartwright sharon's going to work to see if we can get you have

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your case heard this morning all right thank you so much thank you anyone else tanya

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that's all chair all right so uh confessor i believe the first case will be the garrick

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garrick street case yes calendar number three nine nine seven five two three five six garrick

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street 2356 garrick street attorney is vince defino

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mr dofino you're out there yes i just promoted him to panelists mr dofino you can unmute yourself

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share your screen as you wish and this is sharon saletta mr dofino submitted revised plans and a

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revised plans for him this morning uh should the board vote to approve the appeal these are

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plans, the changes

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are plans that can be made by revised plans.

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Mr. Dufino, you

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swear and affirm to tell the truth, the whole

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truth, and nothing but the truth?

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Yes, I do. Okay.

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And do you agree to waive the reading of its refusal

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and stipulate to its accuracy?

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Yes. Thank you. Please identify

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yourself with a record.

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Yeah. Vincent Anthony

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Dufino. That's D-E

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capital F as in Frank, I-N-O.

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2541 South

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Broad Street.

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Please proceed with your testimony, Mr. Diffino.

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Okay, I'm trying to get the screen right over here.

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I don't want to X that out, right?

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Uh-oh.

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Okay.

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Okay.

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Okay.

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So 2356 Garrett Street, the southeast corner, 24th and Garrett in South Philadelphia.

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uh point breeze uh cdc is the uh is the actual rco this is a 750 square foot lot and it's zoned

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cmx1 vince vince we're not seeing any of your uh exhibits okay yeah i'm gonna

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you seeing them now yes okay yes but i would ask if you could right maximize thank you there we go

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i got it now i'm cooking with gas all right so this is the property here as you can see it's

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an abandoned property located at the uh southeast corner of uh 24th and garage streets uh this the

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bigger side of the property is on 24th Street and this is the rear of the

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property here and as you can see there's a there's a series of trees growing in

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the alleyway which basically take up the whole almost a whole block I think

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there's two or three trees down there and that's the back of the property

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i'll go back

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this is the uh surrounding neighborhood here i gotta turn it around

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nicole i need my assistant to help me here but anyway this is the uh surrounding neighborhood

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this is the property next door here it's a barber shop and it's a couple different

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apartments there uh there's our property

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and uh if you click on view you should be able to rotate it yeah nicole how do i rotate that i need

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to rotate i need to rotate what do you hit control what do you hit control shift plus control shift

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okay so this is the adjoining neighbor it's it's a it's a barbershop on the bottom and

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it's it's a it's a barbershop on the bottom and a couple units on top there's

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our the rear of our property here this is the Garrett Street side of the

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property here as you can see there's the trees in the backyard that are overgrown

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this is looking northbound from from south of the property

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and this is looking northbound north of the property so that's pretty much the neighborhood

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there uh basically our refusals are we're cmx one where we proposed originally one commercial

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and two one bedrooms one on the second floor and one on the second third floor roughly 700

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square foot i'll get to the plans for i'll get the original plan for you

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this is the original plan of the flooring um i'll get you the elevation plan first though

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and this is the here's the elevation plan

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basically it's three floors one would have been commercial the second would be about a 700 square

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foot apartment the third the same thing and there was bays on the front of the property

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and the side of the property um and the neighbors had issues with a couple couple things number one

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uh they had issues with the commercial unit um we met with the block we met with the the board

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the board first like wanted the commercial unit and then they wanted us to meet with with the

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block so we met with the block and the block vehemently it seemed vehemently

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opposed the commercial use on the bottom for several reasons for several

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reasons the neighbor that the nature of the neighborhood there's several other

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stores in the area and parking is brutal in that area so this was the original

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plan and then we met with the board on several occasions the board uh you know they were there

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was intense discussions with the board the board was very cooperative with us that we were going

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back and forth on a number of issues and uh basically uh what the board did is when we met

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with the neighborhood we we discussed it and uh you know we ferreted out several of the issues

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and their major issue one of our major issues was an affordable unit

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uh committed to below market rate so uh tiffany white with kenyatta's office we're going to

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discuss that we're going to make an agreement to have that done the second issue was rounded bay

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windows on 24th street they didn't want the bay windows protruding outward so i had the new plan

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for that and then to remove the bay on garrett street because they want to be able to look up

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and down the block without having an issue with the bay protruding also there was alley trees

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which i'll show you which i showed you from the picture but i could show you from a an aerial

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shot so my client is agreeing to remove the alley trees and he has to hire an

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arborist to do that the proper way so that we could free up people's backyards

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from the overgrowth of the shrubbery and then the neighbors wanted to remove the

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commercial space and have three residential units and then a new

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sidewalk so we agreed with with everything there and we also agreed to

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a height under 30 36 so we put it under 36 because what one of our major issues

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was that they didn't want it they didn't want the bays they didn't want an

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an overcrowding they wanted to fit into the to the neighborhood so we revised

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the plans and I can show you the revised plans so here's the revised plans and

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here you see the rounded base so it takes away a lot of the blockage over

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here and on the front it's going to be flat there's not going to be any

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there's not going to be any protrusion from the property of a bay.

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there's not going to be any protrusion from from the property of a bay so we did that

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let me try to get you

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this is the aerial shot here and

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You can see the two trees that are growing in the alleyways.

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So they'll be removed also.

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And my client met vigorously with the nearby neighborhood,

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and he had petitions signed somewhere on here.

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so we have we have petitions of all the adjoining neighbors and he actually went out to the block

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on the night of the neighborhood meeting so that they could have computer access

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and to to the zoom meeting with with the rco who was uh by the way very cooperative very

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on to detail and you know we basically had about 10 encounters with the rco prior to

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our meeting with the neighborhood so that we were in line with what they wanted also so

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basically that's it now there's also one more refusal which was a um the setback required was

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nine foot and we propose four i don't think they have it they don't have an issue with that

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because they they know that the apartments have to be a certain side size

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so basically do you have any questions for me so what is what is this is for a triplex

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originally originally it was for commercial space and two residential two residential

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And we were fine with that, you know, that purpose.

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And then the neighbors wanted the, they wanted it all to be residential.

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And so is it for three units then?

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Yeah, it's three units.

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Five grand is for three units.

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And one of them will be affordable.

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Market rate, below market rate.

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What is the square footage of those units?

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