civus
Hearing video

ZBA Hearing - November 16, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Nov 16, 20224h 55m

And there's a note here from our council,

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stamp plans with architecture, architect seal.

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Yes, Mr. Chair, that's a note for myself.

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Okay, all right.

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Thank you.

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Yes, I, yes.

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Thank you very much.

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So, so is this with a proviso?

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With proviso, that's all.

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Okay, Carroll Tenere, yes, with proviso.

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Thomas Holloman, yes, with provisos. James Snell, yes, with provisos. Ishmael Shahid,

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Ishmael Shaheed, that's with provisals.

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yes, with provisos. Mr. Nocklinson, we thought about

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Mr. Nockamson, we thought about giving you a quick break, but we've changed our mind.

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You're going to move to number 14, please.

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I feel bad.

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Actually, I thought there was one more person behind me.

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I was going to say, you should have just had that one person.

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Whoever that person is, I'm sorry.

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All right.

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But they will be fine.

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MI-2022-004-585-1943-South Hemberger Street.

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Letter of support from West Pashyunk Neighbors Association.

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Just for the record, state your name, identify your client, and the relationship to the property.

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Yes, my name is Alan Ockamson, A-L-A-N, last name Ockamson, N-O-C-H-U-M-S-O-N.

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and you're i've already i'm sorry i'm you know what maybe you needed that break but go ahead

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all i'm thinking about this is the 10th one so hopefully i didn't mess it up all right uh parole

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llc is the um is the owner of the property and gabe uh polishok is the uh its member okay

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our vice chair has a few questions

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do you agree to waive the reading of the refusal and stipulate to its accuracy

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i did uh actually no i don't um okay we'll just go ahead okay so i think and and i didn't bring

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this up to miss emerson's attention i probably should have i looked at the refusal and there's

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a refusal for the minimum front setback. So we're, there's a two-story structure to the left and

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right of us. And we're trying to go up three stories. Now there is a front part on the first

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story that is, I guess, an enclosed porch area. So we go, our front facade on the third story

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addition goes straight up from the second floor to the third floor. The refusal is stating,

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obviously we have to be set back eight feet in the front i thought it was eight feet from the

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front of the second floor it's saying that we're five feet one inches we're set back five feet one

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inches from the front but we're not from the second to third floor we're set back zero because

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we're going straight up so that's why i object to the refusal just as an out of an abundance of

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caution um i just don't want anyone to think that we're we're setting back on the third floor

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and our site plan shows that so okay do you have anything else no have you emailed the exhibit

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packet with proof of ownership tax compliance a copy of the refusal or referral photos under

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

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do you have a letter yes no more sex you may proceed and begin to share your screen

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great god i'm gonna miss you when you're gone i know this is like i should have got the

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disciples today too right um all right so this is actually a very straightforward project 1943

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south hamburger street this is an rm1 property these are all dimensional variances um you know

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based on just the you know the small lot size and what we're replacing is not out of character on

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that lot and i actually did an analysis from atlas on that block where it shows so many of these

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other properties run afoul of the dimensional requirements of the zoning code so we'll go

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through the notice of refusal the letter of support from the west passing on neighbors association

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Properties with the rear yard depth under nine feet, but there's also related matters as well, which apply to our zoning requests.

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Maps of the areas, photographs of the property, our plans and drawings, our RCO meeting notice, our application for appeal, our deed to the property, showing that Paroli LLC is the owner of the property, our certificate of tax clearance showing they're in good standing with respect to real estate taxes.

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And finally, Mr. Polershuk is in the virtual audience and is the member of the corporate entity owner.

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So notice the refusal. Again, this is an RM1 property.

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We're just trying to make it a two-family, trying to freshen up this property, use this as a two-family dwelling.

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There is no use refusal here. These are all de minimis, dimensional variances.

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Again, things that are not out of character to this block, to the other properties nearby.

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So these are the refusals.

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Maximum occupied area, 75% is allowed.

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We're at 87.04%.

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Again, we want a functional floor plan.

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Given the size of the property, it's rather difficult to conform to the code.

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Same thing with the rear yard depth, 9 feet required, 7 feet proposed.

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same thing with the required yard area 144 feet is required 99.169 is proposed and then finally again

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99.169 is proposed. And then finally, again, we, I don't believe based on the interpretation

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of the code that we're providing any setback, but we're getting refused to leave the way. It's

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just how much of a variance we're requesting. So a letter of support from the coordinating RCO,

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the community itself unanimously supported this project five of the seven members of the of the

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executive committee of the coordinating RCO also supported this project and then as you can see

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here we did an analysis of 14 15 properties one of them is ours and we're number one but all these

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properties there are numbers here we're on afoul of those dimensional requirements that I indicated

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on a refusal in some way. And most of them completely. So what we're asking for is not

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out of character to what other properties nearby are facing. And then maps to the area. This is

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as orange as orange gets. So having a duplex here makes sense. We just want to, we're asking for

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these dimensional variances to have a functional floor plan. And if we go out to the property,

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My client didn't do this, my client, one of my clients, the neighborhood wants this property developed appropriately.

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But as you can see here, here's the enclosed porch, you know, and here's the, you know, obviously the second floor.

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We're going straight up, and you'll see that from our presentation, further presentation materials.

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You know, proof of posting after notice for today's hearing.

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again south hamburger street to the right the left architectural plans and drawings

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as you can see we're going straight up so i think we're providing zero setback on from the second

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and third floors the examiner saying that we provided five feet uh one inch and i think it's

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based on what they were thinking was the porch as this has the starting point for the setback

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But as you can see here, a much improved building facade compared to what's there.

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And then, you know, the floor plans, we have a first floor unit or unit number one, which is a bi-level unit.

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Unit number two is also a bi-level unit on the second and third floors.

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Our RCO meeting notice, we had our meeting recently on October 27th.

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184 addresses were notified.

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List of the addresses, proof of mailing, proof that we mailed the notice or emailed the notice to the Coromini RCO and related entities, our application for appeal, our deed to the property showing the parolee LLCs, the owner of the property, and our Certificate of Tax Guides.

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with that being said i will unshare my screen i would ask that uh mr polishuk virtually raise

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his hand so he can dot my testimony that's his own all right sir could you state your name and

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spell for the court reporter please yes gabriel polishuk g-a-b-r-i-e-l last name p-o-l-i-s-h-u-k

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do you swear or affirm to tell the truth the whole truth and nothing but the truth

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Yes.

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Proceed, counsel.

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Mr. Polashok, you heard everything I had to say today.

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Correct.

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Is it true and correct?

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Yes.

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And you adopted as your own testimony?

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Yes.

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Thank you.

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Questions from the board?

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No, Mr. Chairman.

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No, Mr. Chairman.

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Questions or comments from the virtual audience?

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Chair, I see no hands.

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planning commission good afternoon mr chairman and members of the board david effecto city

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planning commission the comprehensive plan recommends a zoning change for this property

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from residential multi-family to residential single family however we have to evaluate this

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on the current zoning the addition of a roof deck and roof deck access structure which generates

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dimensional variances is not strictly necessary to enable the applicant to continue deriving value

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from the property so the city planning commission recommends the board deny the dimensional variances

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for the roof deck and roof deck access structures um mr knockamson i don't usually do this but

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the photos of that existing property boy i tell you the neighbors are going to welcome

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welcome this so so mi 2022 004 585 1943 south term murder street i vote yes

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carol tennari my vote is yes thomas holloman my vote is yes james snell

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Thomas Holloman, my vote is yes.

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James Snell, my vote is yes.

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Ishmael Shaheed, my vote is yes.

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Mr. Nakazun, thank you, and take some time to relax a little bit.

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And I'll invite you to the ceremony where I...

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Your Honor, it's all time. Okay.

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One day, 10 in one day.

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All right, good. Thank you. So number 11, MI 2022-003-934-1422-30, North A Street. Rachel Pritzker is the attorney. Letter of support from APN.

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Chair, Ms. Pritzker is coming back in as a panelist now.

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Okay.

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Good afternoon, Chairman, members of the board.

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Hi.

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

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Sure.

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Rachel, R-A-C-H-A-E-L, Pritzker, P-R-I-T-Z-K-E-R, 1521 Locust Street, Suite 605, Philadelphia, PA, 19102.

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Right.

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

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Yes.

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Could you identify your client, the relationship to the property?

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Yes, my client is 1422 North 8th Street, LLC, and they are the owner of the property.

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And our vice chair has a few questions.

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I do agree to wait the reading of the refusal and stipulate to its accuracy.

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Yes.

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Have you emailed the exhibit packet with proof of ownership, tax compliance, refusal referral,

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photos under plans of the property five days in advance of this hearing,

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and have you met with the RCO, and do you have a letter?

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Yes.

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Okay, you may proceed and begin with sharing your screen.

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Thank you.

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I just also want to thank Alan for letting some of the rest of us talk today.

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Really nice of him.

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Thank you.

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He was the only one that does this work in the entire city.

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What a marathon.

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Okay.

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This is 1422 North 8th Street.

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This is an aerial view of it.

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As you can see, it's a large existing building.

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sort of weirdly situated under the L on or the train on 9th Street as well. And it's situated

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next to a large vacant property that's owned by the city. I'm just going to go through our hearing

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packet. This is the refusal. The property is owned ICMX, Industrial Commercial Mixed Use.

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And what we are proposing is an adaptive reuse of this property to include 62 dwelling units

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on the first through fifth floors, as well as vacant commercial space on a portion of the first

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floor, 10 indoor accessory parking spaces, and 20 Class A bicycle spaces. The two refusals that

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we received is for the use for multifamily, which is not permitted in ICMX, and then the parking

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ratio, which relates to the ICMX zoning classification. It requires 31 parking spaces

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proposed for 62 units. We are providing 10 parking spaces. I'm just going to go through

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our argument a little bit to set out the hardship on the record.

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And I think it's helpful to see the aerial of the site as well as sort of the visuals. Again,

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we're proposing 62 dwelling units with 10 parking spaces and doing an adaptive reuse.

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the two refusals I went through. First is obviously for the multifamily use. The granting

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of this variance would be in harmony with the purpose and spirit of the code and the city's

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2035 comprehensive plan, which I have here. The Lower North District plan, basically the Lower

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North District plan states that, you know, it's a bit challenging in the Lower North District

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related to purely commercial or industrial sites, as that most of the area is a bit limited with

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those uses and any new uses. As you can see, based on the zoning map, almost the majority of the

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properties are zoned multifamily residential or single-family residential with a smattering of

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some industrial, but like this property, a lot of them have either been converted or I'm sure are

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sitting vacant. Basically, the code opines that land use changes have accelerated in the last 10

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years where land is transitioning away from industry to residential, and the current zoning

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does not reflect this change. That's on page 18. The goal of this city should be to allow

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vacant industrial zone parcels off American Street to transition to other uses. That's on page 50.

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And also those that are not a part of the American Street corridor, which this one is not.

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They, in fact, propose some land use changes to high-density residential. And so for this property

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in particular, not only are we doing an adaptive reuse, but if you look at the size and shape and

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location of it, it's really mostly near all residential properties. There's almost no

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there's almost no major industrial uses over here, especially with a building that is this size and

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major industrial uses over here, especially with

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shape. Additionally, from like a parking and loading perspective, you'd have to somehow figure

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out a very small vans or trucks to try to get in on these, you know, get in under the train tracks

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here, which would be quite challenging. The building has also fallen into quite some disrepair,

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So we'll probably actually have to be torn down instead of preserved, which is what we're looking to do.

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Rachel, before it's in a train, I can't see the top. How many floors?

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It's hard to see. The best way to do it is on this.

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Is it three floors?

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No, it's got a mix of, if you can see from the elevation, it's got some areas of the building that have one, two, three, four, five.

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in some areas of the building that are taller.

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It's not as straight across.

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It's sort of like a hodgepodge of a few buildings.

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Okay, all right, all right, thank you.

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Yeah, but the train, as mentioned,

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