civus
Hearing video

ZBA Hearing - August 3, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Aug 3, 20223h 46m

mentioned suggestions. So we revised our zoning plan in accordance with those suggestions.

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I submitted a proviso change form and a revised zoning plan to board staff last week. So if you

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are inclined to grant the variance, we would ask that you do so with a proviso referencing

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our revised zoning plan, which is one page. I want to give my thanks sincerely to the NTIT RCO

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for really working with us, having multiple discussions, and helping us sort of get the

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ideas needed to revise the physical plan, as well as prepare to have a positive impact in the

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community, both during construction and beyond, which is to say that we intend to follow all of

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their suggestions and are appreciative of their support. As the chairman also mentioned,

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we have, I believe, about a half dozen letters of support from surrounding property owners,

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including the only two adjacent properties, one of which is a letter shown here from the St.

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joseph's retirement home and the other is uh the the uh building on the other side and a letter

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from that owner is here um this is a section of our own that shows the front and rear elevation

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of the property um so as you can see this is going to be a six-story building as proposed

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with the units on the upper five floors and a parking level on the ground floor.

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Give me one moment.

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I'm just going to pan over to the other parts of the sheet.

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We have a ground floor site plan here and an aerial site plan here.

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This shows the features of the ground floor, which is four parking spaces, an elevator lobby.

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All floors are served by elevator. A trash room that collects trash from two trash chutes

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to make this sort of a building that is easy to use for all users, regardless of age. We also have

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utility room, storage room, and a little bit of bike parking in the rear of this lower floor.

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We're showing a sort of circular seating area that, if we can get permission from the streets department, we would build in the beginning of the sidewalk right of ways.

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This is a very wide sidewalk, but that would be subject to their discretion.

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In addition, which I'll sort of skip over, we have turn radius data down here.

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This is a sample floor plan of one of the upper floors.

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They would all basically be the same, with the exception of the common roof deck at the top.

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So all the floors, including the roof deck, would be served by elevator.

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And what you're looking at here are basically three two-bedroom units and one one-bedroom unit.

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Keep going here.

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All of the units, because they are served by elevator, we designed to be considered type B under the International Building Code, which means that they are able to be modified with fixtures into, you know, disability compatible units.

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Let me go to our refusal.

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So the underlying zoning district here is RSA 3, both in terms of its allowed uses and its

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dimensional rules. The RSA 3 designation really compels the construction of single family homes

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on lots that are to be left 50% unoccupied. So this is the planning commission zoning guide.

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This is the Planning Commission Zoning Guide.

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This here is a sample.

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This here is a sample image of an RSA 3 property in their eyes, which is sort of a twin, as we like to call it in the city.

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So the refusal, the top one, is that you can't have more than one dwelling unit in this district.

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The others sort of flow from the fact that the rules are designed for a single family house.

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For instance, there's a 38-foot height limit. There's that 50% open area requirement I mentioned. There's a rear yard depth of 20 feet requirement. So we're proposing 25% open area and a 10-foot deep rear yard.

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the RSA 3 district would require 20 parking spaces we're only providing four we also have

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a dimensional refusal at the bottom there for proposing a 16 foot wide drive aisle rather than

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a 20 foot wide so there's sort of two reasons that there are hardships with regard to all

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these variances the first just to go back to the parcel map is that the property is a little bit

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sort of long and thin. And as a result, you know, to get sort of a product that matches the

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surroundings, we're doing something that, you know, occupies most of the depth of the property,

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but we'll still have a small rear yard and a side alley that separates it from the St. Joseph's

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home. That's also why we couldn't provide more parking spaces because each floor plate basically

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only accommodates four spaces. So, you know, to do 20 spaces, you'd be looking at occupying

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multiple floors of the building, which is prohibitively expensive to build. The other

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reason that we have a hardship, which is probably more compelling, to be honest, is just the nature

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of the surroundings. So our property has no known history of single family use. The block,

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at least per the permit archive, currently has no single family use. Let me say that again.

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This block has no single family homes whatsoever. You can kind of see I'm panning through.

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It's different apartment buildings that are in different states of repair, some good,

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some not so good. And then there's some office and other use. I actually went through the archive

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and listed every building out. So very quickly, there's a couple houses of worship. There is

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an apartment building with 16 units, an office, 56 unit building, six unit building, 46 unit

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building, and the St. Joseph's home, which I believe has a better part of a hundred rooms

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in it. That was the property that was directly to the left of us there.

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um so um why does that create a hardship um there is a concept called a validity variance which

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basically says that if you can't build the product that the zoning code commands you have a hardship

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and to quote from one commonwealth court case very briefly that discusses the concept of a

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validity variance that case held that um a validity variance is deserved when quote the regulation is

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confiscatory and that it deprives the owner of the use of the property, the applicant can establish

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the confiscatory nature of the zoning regulation by proving that the land has no value or only

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distressed value as a result of the regulation. This case is called Shehola Falls Trails for

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zoning hearing board. So what I would propose to you is that based on the total lack of single

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family homes on this block, we can't build and sell a single family home that's going to cover

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the cost of construction. It is simply an unsalable product in this location, given the

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surroundings. The last thing I want to touch on is the North District portion of PCPC's

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comprehensive plan. So we are one of these blocks, I believe here, that is shown in tan. And that,

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as you see, is surrounded by this C caption. And what C says is that in this location on Allegheny

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Avenue, the comprehensive plan recommends a rezoning to RMX3 for the purpose of promoting

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the development of large apartment buildings, preferably for senior housing. So we're not an

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age-restricted product, but I would say that we are fully compatible with as many seniors as we

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would like to live there. Um, and, um, this is also highlighted on another page of the plan

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and the housing recommendations for the North district that says that, uh, the, um, that zoning

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should seek to quote, increase the allowable density near major transit stations, such as

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such as Allegheny Station. Again, we are a block and a half from Allegheny Station.

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Allegheny station. Um, again, uh, we are a block.

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And here is finally an image from that Planning Commission zoning guide I mentioned,

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showing their sort of sample image of an RMX3 housing product. RMX3, again, is the designation

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that the Planning Commission recommended for this block. Our building would not be anything

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near the size of this building shown again we would be 20 units so with that i would like to

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see if my client is available to adopt my testimony and again if you have any questions i do have the

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architect here noreen cody is her name noreen could you please raise your hand she's going

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know how to speak, sir. Hi, could you state your name and spell for the court reporter, please?

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Noreen, N-O-R-E-E-N, last name Cody, C-O-D-Y. You swear to affirm to tell the truth, the whole

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truth, nothing but the truth. I do. Proceed, Ms. Saverin, Mr. Saverin.

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Noreen, were you able to hear the full extent of my testimony today?

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Yes, I was. Okay, and was it true and accurate to the best of your knowledge?

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Yes. And are you an authorized representative of 1511 Allegheny LLC?

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Yes, I am. And would you adopt my testimony as if it was your own?

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Yes, I would. Okay. Thank you very much. Mr. Saverin, I'm going to open it up to the board,

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but a couple of quick questions. One is, is the height consistent with the St. Joseph's property?

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You know, I really would like to bring the architect on, but just eyeballing myself.

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yeah that's all i want you to do is eyeball yeah i i think it is because the saint joseph's home is

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sort of one two three four four stories with sort of a large fifth story that is partially

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submerged okay all right that's fine and then the second question is if you know how did you get to

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20 units um so i think if you look at that floor plate you have you know four units per building

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and for for i apologize um the rmx designation that i mentioned which was recommended um zoning

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for this parcel the rmx3 designation allows a 500 uh percent floor area ratio um so that's right

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about where we are i think if you um exclude the access structures we're just under 500

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percent far we might be at four quickly so we felt that this was appropriate given the heights of

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the surrounding buildings um the the content of the comprehensive plan and also that we wanted

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this to be an elevator building in order to um you know make it senior friendly and in order to do

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that we sort of needed a critical mass of units to justify the cost of the elevator um you know

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it's four units per floor so it's it's a rather sort of um spacious you know layout i don't

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think it would be okay all right good questions from the board yes mr chairman a counselor

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you have uh six children refusal six you send something refusal right your revision uh form

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reduces to what how many refusals um mr hollman i'm quickly going to pull up my proviso form

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would you allow me one moment to do that i don't think off the top of my head

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gesturing scale windows front back so i don't think that the um changes um remove or add any

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refusals they're agnostic to their refusals the changes are uh things that the rco recommended

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in terms of creating additional public and green spaces, so additional balconies, additional

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windows, a lot of landscaping both on and around the building. The refusals that you mentioned,

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Mr. Holloman, none of those would have been generated with the exception of the parking

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count and the drive aisle refusal if this property was indeed RMX3 as the comprehensive plan

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recommend so again absent the parking none of the other refusals would have been generated at least

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that's my best understanding um and you know that is basically because the code is designing for

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a single twin house which as i showed you in the context of the block it's just not what's

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here i mean nobody has the open space or the side of rear yards that the code compels right so we're

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really just trying to fit in and propose a product that's

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and propose a product that's going to be useful to the community.

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going to be useful to the community.

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Arnold, did you have a question?

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I have another question, Mr. Chairman.

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Go ahead, Tom.

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You have a curb cut?

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Yes.

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Has it been reviewed by city?

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Yes.

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The requisite reviews were made by streets.

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I don't believe that city planning has touched this yet because we only front on one street.

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but i know david facto may be able to shed some light on this and one other thing i'll

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add is that the rmx3 designation would have compelled six spaces um so we're proposing

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four um so we're only a couple short we tried to get in as many as we could there

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um any other questions about yes i have one more you have parking uh four spaces yes and you

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required 20. How do you justify less spaces? So again, the RMX3 designation, which is recommended

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by the plan and really is in keeping with what is on the block currently, only would have required

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six spaces, not 20. You know, 20 is a one-to-one ratio. The way that we brought this up with the

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RCO, it's a very fair concern, Mr. Holloman. I'm not trying to make little of it, is that the St.

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Joseph's home, which is behind and to the side of us both, it sort of semi-surrounds our property,

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has an enormous parking lot with probably over 100 spaces, just guessing, that goes largely

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unused on a given day. So as is mentioned in memorialized in the RCO letter, we're in contact

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with them. We're trying to work through a lease agreement for spaces. But the sort of point here

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is that none of the surrounding buildings have one-to-one ratio parking many of them don't have

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parking at all and you know the four spaces was the most we could do without getting into

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subterranean parking or multi-level parking and i think those are both sort of offensive to the

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aesthetics of the community for their own reasons so this is what we could fit on the floor of the

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building i think you're trying to put too much on the site that you want to get city council to

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change the zoning so you can put what you want on the site well i i think that a rezoning is not

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legal on a parcel by parcel basis as you probably know um and it's a major action for the city

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council person who i believe is councilwoman bass to rezone swaths but let me say the rsa3

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zoning is appropriate for many places in the city just not this block specifically so even a rezoning

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may not be appropriate because a rezoning is typically done when many blocks need a fix

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this is a unique thing on sort of these you know 14 and 1500 blocks of allegheny i suppose in a in

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in a fictitious world she could have done legislation just to address this block but

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it's not been done i think a variance is uh under state case law appropriate therefore

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um and if i don't know if charles richardson is on here but i i would welcome his input if he is

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i i think he his office is at least not opposed to this project with its current density

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thank you questions from carol did you have a question no i do not questions from the board

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more questions no okay questions from the virtual or comments from the virtual audience

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mr chair i have mr charles richardson with his hand raised i will allow him to speak at this time

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mr richardson hi good afternoon mr richardson good afternoon mr chair and board

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Charles Richardson from the Office of Councilwoman Cindy Bass, room 312 City Hall.

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Hi, Mr. Richardson, just for the record, could you spell your name for the court reporter?

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Sure. Richardson, R-I-C-H-A-R-D-S-O-N.

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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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Proceed, Mr. Richardson.

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As Mr. Saverin did allude to, the Councilwoman does not spot zone,

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So that would not be something that she would be able to, would be willing to do with that one parcel.

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I am aware that Mr. Saverin has worked diligently with the NTIT RCO and they came up with a lot of different suggestions and things along those lines.

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We have kind of laid back and allowed them to do what they needed to do with regard to coming to some conclusion.

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We have kind of laid back and allowed them to do what they needed to do.

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If they've got a letter of support from NTIT, then the councilman will not stand in the way and will not have any opposition to this project at this point.

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Thank you, Mr. Richardson, for calling it.

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Is there anyone else in the virtual audience?

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No further answer, Mr. Chair.

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Planning Commission.

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Thank you, sir.

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Good afternoon, David Fecto, City Planning Commission, Mr.

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Chairman and members of the Zoning Board.

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The zoning maps for Tioga were changed in 2006

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in response to a community request.

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However, the Comprehensive Plan recommends this property

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for residential mixed use three zoning.

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The hold on, I lost my place.

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So residential mixed use three zoning

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would allow the proposed use to be permitted except for the proposed parking count and drive

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aisle width. Since the applicant would only be short two parking spaces, the proposal complies

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substantially with the recommended zoning in a comprehensive plan. The City Planning Commission

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recommends the board grant the use and dimensional variances. Thank you. MI 2022-002-212-1511

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Allegheny Avenue. I vote yes with Proviso. Revised plan, one page, stamped by ZBA on August 3rd, 2022.

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Carol Tenere, my vote is yes with Proviso. Thomas Holloman, my vote is yes with Proviso.

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James Snell? Sorry about that. Yeah, no, a little technical issue. Yes with Proviso, James Snell.

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Thank you, Mr. Saverin.

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Thank you.

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