civus
Hearing video

ZBA Hearing - July 13, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Jul 13, 20225h 14m

So one of the issues was this rear drive. We agreed not to have any deliveries through that.

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There's only a handful of deliveries a week, maybe two to three trucks tops,

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and they will have to unload on Ridge. It's not ideal, but it's far better than having

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and they will have to unload on ridge it's not ideal but it's far better than having uh the

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Thank you.

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residential parking spaces be taken up with that um let me just want to give you a look at the view

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i'll rotate this and so you can see the building it's an existing structure okay and that's it let

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me just ask jb um and again we stand by the provisory agreement with the neighbors we'll

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divide by that but we understand uh hillary's issues with some of the items and let me ask jb

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to raise his virtual hand and adopt my testimony

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please unmute yourself and wait for the chair

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hi could you state your name as bell for the court reporter please

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joshua riebstein r e i b as in boy s t e i n like that's right do you swear a firm to tell

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truth the whole truth and nothing but the truth jb we didn't hear you did i hear did you hear them

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no hi you're still with us i am here can you hear me can anybody hear me now we can yes

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do you swear for him to tell the truth the whole truth nothing but the truth

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i do proceed mr demarco jb were you able uh were you able to hear my factual statements

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and can you do you agree that they are true and accurate yes and yes okay and can you adopt them

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as your own testimony yes mr chairman i have the uh the two letters of support from the rco

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this is the wissa hicken neighbors um almost unanimous of course after we agreed with the

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provisos and we stand by the provisos and with that i can turn over to the board for questions

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for questions from the board no mr chairman

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Questions or comments from the virtual audience?

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I see no hands at this time, Chair.

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Planning Commission.

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Thank you, Mr. Chairman.

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David Fecto, City Planning Commission.

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The comprehensive plan recommends no change to the commercial mixed-use zoning at this location.

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The property has a documented history of commercial use.

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So the City Planning Commission recommends that the Board grant the use variances for a sit-down and a takeout restaurant.

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Thank you. MI 2022-000642-5312-18 Ridge Avenue. I vote yes with following provisos. Hours of

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operation 6A to 8P. No music outdoors. Commercial trash pickup four days a week. Expansion of

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tenant space limited to hatched area on attached plans stamped by ZBA on July 13, 2022. Rear

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parking lot for accessory residential parking only thank you

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i am unmuted carol tenary my vote is yes with provisos

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james snell yes with proviso

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thank you mr demarco thank you have a good afternoon

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14. MI 2022, 001-811-637 North 40th Street. Steve Bertil is the attorney.

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Recommendation of support from Mantua Civic Association.

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Mr. Bertil is coming back in as a panelist now, Chair. Thank you.

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good afternoon uh mr chair members of the board hi hi could you state your name and spell for the

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court reporter please sure steve bertill b-e-r-t-i-l counsel for the applicant uh trotman

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pepper hamilton sanders 3002 logan square philadelphia pa 19103 you swear or firm to tell

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truth the whole truth and nothing but the truth i do could you identify your client yes i represent

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the applicant and equitable owner of the subject property sr 40th street llc thank you our uh

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vice chair carlton area has a few questions hi mr bertol do you agree to waive the reading of the

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refusal and stipulate to its accuracy i do madam western have you emailed the exhibit packet with

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proof of ownership, tax compliance, a copy of the refusal or referral, photos under plans of the

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property five days in advance of this hearing, and have you met with the RCO, and do you have a letter?

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Yes, to all of the above.

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Thank you. You may proceed and begin by sharing your screen.

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Thank you. You may proceed and begin by sharing your screen.

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Thank you very much.

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Thank you.

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Okay. Thank you, Madam Vice Chair and Mr. Chair.

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As I stated, I represent the applicants and equitable owners of the property 637 North 40th Street.

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This property, the property in question that you see here, is part of a partnership with the

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Foot Offer Redevelopment Authority for housing revitalization of vacant lots on the 40th Street

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corridor in the Belmont and Mantua communities. We are seeking approval for variance relief from

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the occupied area requirements of the zoning code. The subject property has been selected

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with other vacant sites to develop into housing, according to a multi phased plan for mixed

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housing options in the in the communities I just referenced. The applicant has been identified

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as the developer for market rate and deed restricted workforce housing component of

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the plan. I'll get into that in a second. But I just wanted to orient the board about

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the property that we're referring to. As I stated, where the address is 637 North 40th Street,

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as you can see here by the aerial. Here's another shot. The property is currently vacant. It

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fronts on 40th Street, as you can see. The block that it's on is mostly vacant parcels.

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Here is just a street view of the property, so you can get a sense

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it's there

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there's another angle looking down 40th street

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this is the corner of the block more vacant lots and this is the frontage of the subject

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property where the arrows um are where the where the arrow icon is where it's the specific property

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in question. As I stated, we do have a refusal. We have no use refusals, though we have a

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dimensional refusal for the occupied area under the zoning district. We are required to have a

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25% occupied area, while the proposed project has an occupied area of a little under 18%,

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17.8 um looking about a seven percent difference um in occupied area um which can be explained when

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i uh get to the the zoning plan to show you why we have that discrepancy of the of the seven percent

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here you can see the site plan of what we're proposing which is a four

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unit multifamily use structure. The uses are all by right. The difference in the occupied area

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is due to the fact that we have a covered open porch on the property. If we did not have that

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covered open porch, we would not have that dimensional refusal regarding to the 7% difference

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an occupied area, but the inclusion of that proposal, excuse me, the inclusion of that porch

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to match the existing character and design of the existing buildings and the design for this area

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and block created that discrepancy of seven percent of occupied area. And you'll get a better

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sense of that with the rendering. As I stated, we're proposing a four-unit structure.

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on the ground floor we have two units and then on the third and fourth floor we have two more split

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level units for a total of four units one studio one one bed one bath and two two beds two baths

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it's just a layout of the ground floor this is a layout of the

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additional two units that are split level

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Now we did meet, excuse me, here's just a rendering of the the exterior of the property

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as I referenced earlier. As you can see we're matching the aesthetic, the material, the

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the roof style, the cornice, and the front porches that are up and that are existing

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going to block. This is the property in question. This is the properties on the corners for a

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different parcel, obviously, but that's under a different application that you will be seeing

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shortly in the coming weeks under this same project that I'm referencing. We did meet with

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the community. We met both of the affected RCOs and the coordinating RCOs together, and we do have

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um and we do have a letter of support that was stated earlier for this specific parcel um and

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a letter of support that was stated earlier for this specific

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for other parcels that will be coming before you uh soon as i stated just so you have a sense of

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what we're talking about here um this project is part of a multi-phased uh conceptual plan

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in response to RFP from the Redevelopment Authority for mixed income housing stock along the 40th

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Street corridor. It's a multi-phase project. We are part of the market rate and workforce rental

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phase of the project, and that's what this site and the additional sites will be.

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And this is just so you get a sense of kind of the skill of the project. As I stated, we are

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phase one um and so this project in a larger context will be part of a larger um a larger

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availability of housing stocks of many different income levels but ours is focusing on the market

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rate and the workforce um as i stated we have a letter of support excuse me my uh

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file is freezing for some reason um but as i stated we have a letter of support from the

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community group. And as such, we would ask that the ZBA, the board and the chair grant variance

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due to the de minimis nature of the occupied area refusal and due to the fact that the

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creation of that refusal is due to matching and matching not only the aesthetics of the existing

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structures uh but including the functional component that's prevalent in the area um with

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me i have representative from the ownership of or the excuse me the uh the the equitable ownership

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mr tye smith who can adopt and affirm my testimony um if the board does not have any

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additional questions why don't we adopt your testimony right now mr smith uh yes

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

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Tayyib Smith. That's T-A-Y-Y-I-B-S-M-I-T-H.

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All right. 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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Counsel, proceed.

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Thank you, Mr. Chair.

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Mr. Smith, did you hear the testimony that I provided to the board this afternoon?

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Yes, I did.

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Do you adopt the testimony or affirm the truth of it?

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I do.

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thank you very much questions from the board and mr chairman no no mr chairman questions or

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comments from the virtual audience chair we have jihad ali mr ali you can unmute yourself and wait

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for the chair please oh hi mr ali you've already been sworn today so proceed hello thank you i'm

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I just wanted to say, Tayyip Smith, I'm very familiar with the Habitat for Humanity.

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Tayyip Smith is one of our up-and-coming developers of UpColor in our neighborhood.

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He's committed to achieving equitable footing on behalf of in the real estate market.

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I support this project.

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Thank you very much.

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Any other questions or comments from the virtual audience?

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Clint.

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There are no hands at this time, Chair.

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Planning Commission.

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Thank you, Mr. Chairman.

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David Fecto, City Planning Commission.

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Mr. Chairman, members of the Board,

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the comprehensive plan recommends no change

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to the residential multifamily zoning at this location.

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The Commission is aware that this property is part of a package of parcels

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proposed to be redeveloped as part of a redevelopment agreement.

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Those agreements are conditioned on receiving approval from the zoning board.

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The applicant has shown that the variance is related solely

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to the design of the front porch a feature which is in keeping with the other homes on the block

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city planning commission recommends the board grant the variance for open area thank you david

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mi 2022 001 811 637 north 40th street i vote yes harold tenary my vote is yes

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james now my vote is yes ishmael shaheed my vote is yes thank you counsel

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thank you mr chair members of the board number 15 mi 2022 001 827 737 north 42nd street

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alan knockamson is the attorney um recommendation of support from belmont alliance civic association

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NEW SPEAKER 1 GOOD AFTERNOON, ALLEN OFFINSON.

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NEW SPEAKER 1

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could you could you please identify your client and the relationship to the property

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CAN YOU PLEASE IDENTIFY YOUR CLIENT?

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NEW SPEAKER 1

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uh we're going for the trifecta this is kumas homes as well ep property llc um just happened

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they're not all planned together there were some continuances um and i have mr as a as their

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representative um our vice chair has a few questions hi mr knockinson do you agree to

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with the reading of the refusal and stipulate to its accuracy? Yes. Have you emailed the exhibit

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packet with proof of ownership, tax compliance, a copy of the refusal or referral, vote is under

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plans of the property five days in advance of this hearing and have you met with the RCO and do you

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have a letter? Yes in all respects and we have a letter of support. Okay great you may proceed

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and you know the drill.

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I'm sharing my screen.

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I will make it as brief as I can,

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but still preserve the record.

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This is 737 North 42nd Street.

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The notice refusal is pretty simple.

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This is CMX2 property.

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We're allowed two residential units

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and a commercial.

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All we're asking to do

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is eliminate the commercial components,

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which makes sense

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because there's no commercial component

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on 42nd Street.

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We are adjacent to Lancaster Avenue

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where there is a commercial corridor

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We want to help preserve and enliven that commercial corridor by just having residential use here

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and not diverting that residential use away from a commercial corridor that needs a little bit of TLC.

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And that's our only refusal.

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So we have a letter of support.

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It was a well-attended meeting.

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We met with the community, and we have support from that community,

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uh you know showing that um nearby uh there is a two-family dwelling uh similarly situated

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so again if you walk by the property filter uses proposed as a stick alicus or thumb or is it

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something that fits within the fabric of the neighborhood here it's something that fits

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within the fabric of the neighborhood uh you can see other examples of cmx2 properties which are

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solely residential uh 1717 north 41st street so two examples just nearby uh again this is where

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we are we're cmx2 but this is really all residential this is the commercial corridor

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of francaster avenue we want to support that commercial corridor by not diverting uh commercial

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use uh away from there so as you can see we have ample public transportation and trolley

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buses and such. This is a property. It's a vacant lot. It's been a vacant lot for, you know, as far

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back as Google Earth will let you see it, May of 2009, and we're looking to develop it into a

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multifamily structure. North 42nd Street to the right of the property, North 42nd Street to the

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left of the property. You've seen the pictures about Kuma's homes. You've heard what I said about

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homeless homes uh still all true and accurate and here's our plans and drawings again traditional

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uh brick facade um a flat panel uh very tastefully done and as you can see some same plan

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