civus
Hearing video

ZBA Hearing - May 7, 2025

Philadelphia Zoning Board of Adjustment (ZBA)May 7, 20255h 57m

there's a window on the side of the house

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and she's saying she'll take out the window

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and put a doorway there

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so there's already two front entrance

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this is already separate entrances right

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you're keeping the separate entrances

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so the first floor unit would go out the side

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to use put the trash in the rear

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or use the backyard i mean it might make more sense to just provide the where the

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the trash is i'm not sure about i think it's not this is not for trash it's for the use of the

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backyard for the use of the backyard so i don't know on the record you're saying you're going to

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do that uh you're um camille you're under oath um and and you agree that you will during the

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construction phase of this of this project. And my

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understanding is this is the side, this is the window we're

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talking about right here, right? I could work with my

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architects to redesign the bathroom layout where that side

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where that side door can be usable from the comedy area yeah and just let the record reflect

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door can be usable from the common area.

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Yeah, and just let the record

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and i'm pointing to the floor plans that exhibit okay thank you that's a much better living

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condition all right thank you so mi2025 000447 4941 havinford avenue then i vote yes michael john

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My vote is yes.

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Cheryl Gaston, my vote is yes.

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Tanetta Graham, my vote is yes.

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Tia Nguyen, my vote is yes.

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Ishmael Shaheed, my vote is yes.

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Number nine, MI2025-000448, 4749 West Highland Avenue,

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letter of support from the Chestnut Hill Community Association

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with unenforceable proviso.

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So there's also a petition of support with 11 signatures, approximately six from that immediate block.

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Mr. Nockamson, could you just state your name for the record?

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Alan Nockamson.

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Right. And can you identify your client and the relationship to this property?

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Yes, my client is Highland Avenue Associate, the owner of the property.

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And to the left of me is Jim DePetras, one of its members.

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Okay, so why don't you start? Well, please follow up.

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Counselor, do you agree to either read another refusal or stipulate to his accuracy?

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I do.

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

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I have.

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Thank you, Counselor. Please proceed.

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All right, thank you.

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All right, so this exhibit packet includes 13 exhibits.

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I will first go to the notice of refusal.

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So this is an RSA 3 property.

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We're looking to have three-family dwelling here.

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This property has been a three-family dwelling since 1942, and as the chairman stated, we

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do have a letter of support from the coordinating RCO, as well as a petition of nearby neighbors.

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As I indicated, this property has an extreme history of three-family dwelling.

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They just let the rental license lapse.

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Okay.

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And so that's why we have to legalize this.

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But you can see there was a rental license here for some time.

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And then you can see through the zoning permit that this has been a three-family dwelling since 1942, and through this document as well.

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It's also assessed this way as a multifamily structure, as you can see here from this exhibit, regarding the building description.

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Maps of the area. We're a corner property, which tends to be multi-unit in nature. We're rather large as well.

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Our lot area is 6,733 square feet.

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Photographs of the property.

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So this is from West Highland Street.

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This is how you get into the ground floor unit.

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And then this is from Shawnee Street, the intersecting street.

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It's not the best picture in the world, but here's the second way to get in.

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And that goes to the upper level units, both on the second floor.

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Posting photos for today's hearing.

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west highland street to the right of the property to the left of the property

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shawnee street to the right of the property and to the left of the property interior photos again

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this is just a legalization of this three-family dwelling it has been like that for 80 something

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years um meters showing obviously multi-meters here again just a legalization of this property

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because we let the rental license lapse uh pretty straightforward here this is um let me just make

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sure i can't see uh this is that front door you saw in the middle this gets you to unit number

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one which is a two bedroom uh one bath you have a living room right here a little i guess secondary

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play area dining room and kitchen actually three bedrooms three bedrooms here um as well as

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another a bathroom right here this is unit number one there's no living in the basement it's just

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mechanicals down there in storage uh instead of going for unit number one you go to units two and

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three you go up a flight of steps on shawnee street and then they are mirror images of each

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each other they're one bedroom one baths you can see there's windows in each of the living areas

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so there's a lot of light in there as well but you got a dining room kitchen living room one bedroom

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know no roof deck this is just a legalization meeting notice uh we met on april 15th with

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the community i have proof of email of that notice as well as mailing of that notice

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i also have the application for appeal that i filed with the zba along with the notice of refusal

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and the project information form the deed to the property showing the highland avenue associates

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owns the property they've owned it for some time and it's unfortunate they let the rental license

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for some time. And it's unfortunate they let the rental license lapse, but they're trying to

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slaps, but they're trying to clean that up.

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clean that up a little bit. And then finally, the certificate of tax clearance. With that being

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said, I'm going to unshare my screen. I'm going to ask that Jim be sworn in and I'll have a few

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questions for him. Sir, could you please state your name and spell for the stenographer?

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James DePetris. D-E-P-E-T-R-I-S. Do you swear or affirm to tell the truth, the whole truth,

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nothing but the truth yes please proceed counsel yeah jim you heard everything i had to state today

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about your zoning matter is it true and correct including the fact that this has been a three

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family dwelling as long as you have owned it yes and do you adopt that testimony as your own yes

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thank you questions from the board yeah how do you manage trash for um the unit the three units

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it's it's actually now professionally managed the property so i believe he has commercial

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trash pickup there currently so there's is it stored in any other areas outside or inside

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right now uh where where is it do you know where the trash is stored

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it's stored in the basement okay thank you that's what i thought but i didn't want to say

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Are there any questions from the board?

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Questions or comments from our attorney?

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We did have a question.

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Is there

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universal access to the basement?

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I couldn't tell from the

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point.

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Does everyone have access

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to the basement, all the tenants and occupants?

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Do they all have access to the basement?

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He said yes.

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And then a question

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because I know

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just looking at the photo you had

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it looks like everyone has access

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to the rear and the side yard

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as well

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all tenants

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he said yes

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questions for our attorney

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just briefly are there any parking

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spaces at the property

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there are not so yes

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there should have been another refusal

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okay yeah so I just wanted to note that for the record

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There should be a refusal for parking. It's included.

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Questions or comments from the virtual audience or the present audience here?

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Chair, we have Charles Richardson with his hand up.

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He's been unmuted and allowed to speak.

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Good afternoon, Mr. Richardson.

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Good afternoon, Mr. Chair.

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It's been a little slow business for you today.

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That's not a bad thing.

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Would you please state your name and spell for the stenographer?

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Certainly. Charles Richardson, R-I-C-H-A-R-D-S-O-N, Office of Councilwoman Cindy Bass, room 508 City Hall.

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

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I do.

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Please proceed, sir.

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The Councilwoman is not opposed to granting the variance.

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Thank you very much.

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Planning Commission.

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Good afternoon, Chair.

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the the comprehensive plan recommends no change to the existing rsa three single family zoning at

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this location this property has a documented history of three-family use the planning commission

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recommends the board grant the requested variance for multi-family thank you mi2025 000 448 47 to

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49 west highland avenue i vote yes michael johns my vote is yes cheryl gaston my vote is yes

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Tanetta Graham, my vote is yes.

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Eowyn, my vote is yes.

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Ishmael Shaheed, my vote is yes.

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Thank you.

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And our last Mr. Nockamson case, MI 2025, this is number 10, MI 2025, 000449517 Bainbridge

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Street.

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Mr. Nockamson, just for the record, state your name.

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Alan Nockamson.

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Mr. Nockamson, could you identify your client and their relationship to the property?

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Yes, my client is Azam Halak, who's one of the owners of the property.

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Okay.

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He's to my left now.

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Thank you.

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There's support from the Queens Village Neighbors Association with a proviso and also a letter of non-opposition from Council Member Squilla.

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Our vice chair has a few words.

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Council, do you agree to waive the reading of the refusal or stipulate to Azam?

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I do.

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have you emailed in all the required documents and exhibits that's needed to proceed with this

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case five days in advance it is here i have thank you counsel please proceed thank you

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here to present 517 bainbridge street this is two building structures one facing bainbridge

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another facing cater street as you can see from the illustration

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this exhibit packet has 11 exhibits. We'll start with the notice of refusal.

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This exhibit packet has 11 exhibits. We'll start with the notice of refusal. So this is a CMX2 property, and as I stated, there's two building structures on here. Building structure A is on Bainbridge. It is currently a four-story structure. We're looking to redo the whole building, but specifically the four-story.

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uh work on that a little bit more intensely and adding a roof deck access structure building b

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we're looking to take a two-story structure with a with uh with a garage add a second story

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and have vacant commercial space in there so we have two refusals the first refusal is the

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accessory parking which is existing you'll see from the photos the second refusal has to do

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the height but they're having to using the height of the actual roof deck access structure as our

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height we would still exceed the 38 feet allowed of height from the roof line but it's not out of

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character and you'll see from the photographs from um properties nearby so as the chairman stated we

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have a letter of support from the community group um nearby properties with off-street parking so

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showing not out of character plus we're not taking any parking away from the street on cater but

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531 Bainbridge, 519 Bainbridge, 709 and 711 South 6th Street, 716 South 6th Street, 721 and 23 South 6th Street, 732 and 34 South 6th Street.

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And then on our block on Cater Street, 520 Cater Street, 514 South Street, which is across the street really from us on Cater.

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That's another property that goes street to street, which has an apartment building, but their parking is coming off of Cater Street.

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515 Cater Street, which is next door to us.

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Then is it out of character to have properties that have a roof line exceeding 38 feet high?

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No.

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514-18 South Street, which is across the street from us on Cater Street, is similar in height as us.

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And here's the photos, the site plan for that.

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As well as 519-25 Bainbridge, which is right next to us, to the left of us on Bainbridge, has a similar roof line to us.

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what we're proposing maps of the area we're also surrounded by a lot of cmx3 which would

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not have these height limitations uh that we're facing um uh and would allow for parking as well

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so if we were like two doors down you know we wouldn't be here in some respects uh five you

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know the google maps photographs of the property so this is a very like not i think a very pretty

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like structure look that you would see in in the you know in this part of town and you can see that

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this had a commercial component which we're going to make a lot nicer uh as you'll see from the

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renderings um but you know it's really a four-story structure you can't really see this part of it but

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you know set back like with a mansard roof this is the property on cater street this is the existing

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uh garage again not taking any parking away and you can see this is the other

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standalone garage to the left of us and then this is the hearing poster showing from the

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bainbridge street side as well as the cater street size side that we posted for today's hearing

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and then this is bainbridge street to the right of the property

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and to the left of the property as you can see some of these buildings then do go higher

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setback and then this is cater street so most importantly you can see there's no parking

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allowed on the street so having that off-street parking spot which we're repurposing a garage

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anyway um makes sense under circumstances plus you can see the height of the buildings on cater

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street not out character to go above 38 feet in height and then even here these are the apartment

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