civus
Hearing video

ZBA Hearing - November 16, 2022

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

Alan Nockmson, A-L-A-N, last name Nockmson, N-O-C-H-U-M-S-O-N, 123 South Broad Street, Suite 1600, Philadelphia PA, 19109.

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Nockmson, you've already been sworn.

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Could you identify your client in relation to this particular property?

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Yes.

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Let me just get my notes here.

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This one. The owner of the top ring is Wise, holding Group LLC, and then the virtual audience

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is Brian Wise, its member. Okay. Our vice chair has a few questions.

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Hi, Mr. Nockmson. Do you agree to read the reading of the refusal and stipulate to its accuracy?

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I do. Have you emailed the exhibit packet with proof of ownership,

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tax compliance a copy of the refusal or referral photos under plans of the property five days in

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advance of this hearing and have you met with the rco and do you have a letter yes in all respects

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okay great you may proceed all right so i am in time again and i know it's the first one

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the chair loves no you had two this morning yeah he's counting he is counting i yeah and luckily

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we uh continued the number of them of mine this afternoon i noticed i noticed so um i think i'm

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going for a record all right so here we're presenting 3517 north 23rd street uh we've

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made some modifications based on community input and because of those requests that um that were

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granted um we have overwhelmingly uh overwhelming community support so you'll see uh in our

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presentation materials the notice of refusal a letter of support from the allegheny west

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civic association as well as another rco in the neighborhood and correspondence from council

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person cindy bass's office we received an email from charles richardson confirming that her office

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in non-opposition of this zoning request.

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We also have, based on the modifications we made,

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revised plans.

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We provided those revised plans to Ms. Emerson

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before the hearing, and we asked that if this board

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is so inclined to grant our variance request,

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they grant it with a proviso with revised plans.

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Property history as well, as we'll review.

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uh maps of the area photographs of the property our plans and drawings our rco meeting notice we

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actually met with the community last night um it was our second meeting with them uh our applications

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for appeal or deeds of property and a certificate of tax clearance again in the virtual audience

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is brian wise the owner of wise holding group llc the owner of the property so first things first

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our notice of refusal. We are, you know, in the notice of refusal, we were seeking to have

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an eight-unit dwelling, base of community input. We were asked to have six units, which we are

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obliging. So in addition to a proviso for revised plans, we would also ask for a proviso maximum

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six units, as we agreed to do with the community. So the first refusal has to do with the fact that

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this is an RSA 3 property and multifamily use is not allowed. Now, there is indication on the

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refusal that this is also CMX 2, just to point that out. But, you know, the zoning code requires

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the examiner to use the most restrictive zoning under the circumstances, which would be RSA 3,

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and, you know, multifamily use is not allowed in that zoning classification.

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We have two dimensional refusals, one for occupied area, because the zoning examiner applied the RSA 3 zoning classification, 50% of open area or occupied area is required.

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50% of open area or occupied area is required, while only 29.8% is proposed. I will say this,

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if you look at the property to the left of us, we go as deep to the property to the left of us.

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So what we're offering is not have character to the neighborhood. And as well as the minimum

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rear yard depth, we're again under RSA 3 zoning, not CMX 2, but RSA 3 zoning, 20 feet of rear yard

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depth is required while 12 feet is proposed. Again, not out of character because the property

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until after bus, the building structure goes as deep. So we did receive a letter of support from

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the Allegheny West Civic Association. We would, you know, if you read the letter,

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it seems like these are the following provisos that would be requested of us.

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maximum six units uh the roof deck would be for only mechanical access only uh and trash would

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be stored inside with the in the units i just want to make sure that that's the case uh that

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trash would be stored inside with the units that a separate trash room is not being is not expected

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of us and was not asked of us so i just want to make sure that you know if we go to a building

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permit stage that

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the examiner doesn't

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expect us to put a trash room in there.

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So all trash will be stored in the units

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themselves.

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Pardon me, Mr.

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Nockamson. I see another one that says

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no commercial trash pickup.

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It does. I don't know if that's an enforceable

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proviso. I'll talk

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to Hillary about that before.

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I believe under the law

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when you have more than five units.

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I think you have to.

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yeah exactly right so this is hillary it's more than six units the city will collect up to six

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units okay they will collect up to six okay all right thank you um and then we also received a

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letter of support from the swamp uh poodle neighborhood parcels association rco uh and

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those are similar type of requests again maximum six units um all trash stored indoors again i

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would just say trash stored inside the units themselves.

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I just don't want to have a misinterpretation

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that we were supposed to provide a separate trash room.

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This RCO also indicated no commercial trash pickup.

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All bike parking structures placed within property lines.

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We're not proposing any type of bike parking there.

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And then mechanical use only for the roof structure,

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which we have no objection to.

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And then this is the email we received from Charles Richardson, confirming that the District

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Council member has no opposition to the grantee of the vacancies.

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And then here's our proviso plan form.

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In it, we indicated that we reduced the height of the building from 38 feet to 33 feet, originally

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as a four-story structure with eight units.

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We went to a three-story structure with six units, and in the proviso plan form it does

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also indicate that we reduced the amount of units from eight dwelling units to six dwelling units.

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And behind there is the revised site plan. And then the property history. So this history,

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even though it's an RSA3 zoning classification, has a history of multi-unit use. Here,

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a little antiquated, but it had one housekeeping and six non-housekeeping units. But again,

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multi-unit in nature and then maps of the area we're at the corner of atlantic uh and 23rd streets

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we're a lot of 2500 square feet so we're a significant lot um in in the neighborhood

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uh and we're next to cmx2 uh zoning as well and then you can see where we are from a google map

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perspective and then for the rest of the property we're currently a vacant lot and we have been a

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vacant lot for some time. Just proof of posting of our hearing notices on both sides. And then

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North 20th Street to the right of the property, North 23rd Street to the left of the property,

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West Atlantic Street to the right of the property, West Atlantic Street to the left of the property.

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And then our plans and drawings. This is a debut from the corner of Atlantic and 23rd Street. As

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can see we try to mimic the roof lines of the neighboring properties and actually because of

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the request of reducing the height of the building our property actually is lower than the other

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properties we were well within the code 38 feet but at the request of the community we went to

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a three-story structure and they also requested a night rendering of the property this has been

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a problematic corner. So they're looking forward to activating this corner and having a lot

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uh a lot of light for that for that uh corner um because there have been problems on that corner

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of light for that corner because there have been problems.

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but anyway that was a night view that was requested of us as well from a rendering perspective

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and then this is just the property a front perspective on 23rd street again just showing

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how we're mimicking the architecture of the neighboring properties with a modern twist

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and then this is from the east atlantic street side and then that's where the entrance is on

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East Atlantic. Another thing that was asked of us is to have a solid wooden fence which is not

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zoning related but we were just trying to show you the board that we've accommodated almost every

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single request of the community has asked of us for this project. Because of that we have

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overwhelming support for this project. And then again North 23rd Street elevation showing again

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mimicking of the architecture and then this is just a real elevation of the property as well

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and then this is the site plan here again this is a revised site plan so if the boards and

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clients grant our zoning variance we would ask they granted with the proviso revised plans

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and then these are just our four plans no basements built on grade entrance on east

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Atlantic and there's two units per floor uh there's a two bedroom one bath on this floor

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one bedroom one bath on this front on the right you go up a flight of steps

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and there's a two bedroom two bath on the left and on the second floor on the right there's

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one bedroom one bath and then there's one more floor oops one more floor of units you go up the

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flight of steps. To the right of us is a two-bedroom, two-bath. To the left of us is a one-bedroom,

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one-bath. And then as you can see here, we do have a roof deck with a roof deck access structure,

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but it's, and it's noted on the plans, it's for mechanical access only.

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So we met with the community last night at 6 p.m.

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89 addresses were notified in the meeting, here are the list of the addresses, proof

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of mail-in-toes addresses, proof of email to the coordinating RCO and all RCOs, as well

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as the ZBA and the Planning Commission, as well as the District Council member Zoning

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Aid, our application for appeal that we filed to the ZBA, along with the notice of refusal

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and project information for.

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Deeds of the property showing that Wise

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holding the LLC is the owner of the property.

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And then our certificate of tax plan

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showing no money.

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That being said, I'll stop hearing my screen.

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I would ask that Mr. Wise

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virtually raise his hand

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so he can adopt my testimony.

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Mr. Wise, please unmute yourself

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and wait for the chair.

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Mr. Wise, could you state your name

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and spell for the court reporter please yes chair bryant b-r-i-a-n wise w-i-s-e right do you swear

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or affirm to tell the truth the whole truth nothing but the truth yes i do proceed counsel

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mr wise you heard everything i had to say today correct is it true and correct

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yes it is and do you adopt it as your own testimony yes i do thank you questions from

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the board uh mr chairman i don't have a question but i'll have a comment sure i'd like to tell

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alan that this is an excellent project whereby community and developer work together and there's

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no uh basement okay thank you mr holland thank you thank you thomas any of anyone else from the board

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no mr chair questions or comments from the virtual audience

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chair we have someone with the phone number ending in 3552 caller would you please

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hi could you state your name and spell for the court reporter

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caller with the phone number ending in 3552 would you please unmute yourself

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hello

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hello hi could you say your name and spell for the court reporter please

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Yes, Adrienne Fernandez

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F-E-R-N-A-N-D-E-Z

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Swampin' and Neighborhood

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Process Association, RQ

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Do you swear a firm to tell the truth

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the whole truth, nothing but the truth?

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yes proceed okay i just wanted to make a comment about one of the five provisos

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Yes. Proceed

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Okay, I just

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wanted to make a comment

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one the proviso about um the uh any bike parking structures being within the property lines

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because um we get a problem sometimes where the when the bike parking structures are near the

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curb they interfere with people getting in and out of their car safely on the pavement

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And it just can take away from a parking space.

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So even though there may be no bike parking now, that could change in the future.

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So we would like a proviso to protect the curb lines from that, from take away parking spaces.

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Hillary, can we do that?

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I believe so, Mr. Chair.

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Okay, fine.

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Alan, I'm going to probably use that wording that was in and about the property line, okay?

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Thank you.

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Okay.

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Thank you very much. Anyone else from the virtual audience?

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Chair, I see no other hands at this time.

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Hi, Planning Commission.

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Good afternoon, Chair Bergman and members of the board.

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David Vecto, City Planning Commission.

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So in regards to 3517 North 23rd Street, the comprehensive plan recommends a change in the zoning for this property to residential two-family.

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on this block there is documented history of two duplexes two triplexes one four unit building and

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one rooming house as well as several single-family homes since other duplexes exist on the block and

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since the proposed zoning would allow two dwelling units the city planning commission recommends the

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board grant permission for multi-family dwelling with a maximum of two dwelling units thank you

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uh mi 2022 003 867 357 north 23rd street i vote yes with proviso maximum six unit

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trash and recycling stored indoors no commercial trash pickup all bicycle parking structures

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located with indebted property lines roof deck and roof deck access structure limited to mechanical

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use only, and revised plan, one-paged, stamped by ZBA on November 16, 2022.

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Harold Tenere, my vote is yes with proviso.

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Thomas Holloman, my vote is yes with provisos.

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James Snell, my vote is yes with provisos.

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Ishmael Shaheed, my vote is yes with provisos.

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Okay, Alan, just for the record, state your name for the record, please, for number three,

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MI 2022-003-938-6217, West Dorot Avenue.

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

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Could you identify your client and relationship to this property?

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Yes, my client is D&F Properties and in the virtual audience, Dennis Friel.

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Our vice chair has a few questions.

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Hi, Mr. Nockamson. Do you agree to waive the reading of the refusal and stipulate to its accuracy?

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