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Hearing video

ZBA Hearing - September 30, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Sep 30, 20205h 7m

the whole truth nothing but the truth i do thank you please proceed and are you a licensed real

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estate broker i am and how long have you been a broker i've been a broker for 15 years

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i've been a broker for 15 years and are you familiar with this property at 1227 south 46

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and are you familiar with this property

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yes i am and are you familiar with the areas surrounding the property

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yes i am and could you describe that area uh the area is primarily made up of residential properties

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um a mix of uh three and two story properties single family and this particular side of the

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Street has several multifamily residences. As you get closer to Woodland Avenue, or actually

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when you get to Woodland Avenue, there is some small commercial uses, but they're pretty far

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down the street. And given the location and zoning of the property, in your professional

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opinion, what's the appropriate use of the property? Considering where this particular

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parcel is located between other duplexes, a duplex use is the highest and best use for this

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property and is this property viable as a single-family residence i do not see it being

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viable as a single-family residence considering that is is situated between duplexes to the north

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and south and is this property unique on this block due to its location is the only vacant

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property surrounded by duplexes um it is it is unique considering it is surrounded by other

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duplex properties. That's correct. And did the property owner do anything to create this

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situation? No, the other properties were existing prior to his interest in this property. And in

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your professional opinion, does the location of the property create an unnecessary hardship

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to this property that justifies granting the requested variance? No, I believe it fits in

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uniformly with the properties that surround it directly. And if granted, will this variance

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holder the essential character of the neighborhood?

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Not, not at all.

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And if granted, will the variance substantially or permanently impair the appropriate use

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or development of adjacent properties?

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No.

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And will the granting of the variance be detrimental to the public?

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No, it will not.

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Can the hardship created by this property, the location of the property, and surrounding

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uses be cured by granting of a dimensional variance?

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I don't see how that's possible, no.

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is the variance requested the minimum variance required to develop this property

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uh yes and are your foregoing statements based upon your professional opinion as a real estate

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broker it is i have no further questions for mr tory i just wanted to briefly call on mayor

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Badish, one of the property owners? Yes, hi, can you hear me? Yes, Mr. Badish, please spell your

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name, first and last name, and give us your address. Sure, first name is Meir, M-E-I-R,

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last name is Badush, B-A-D-U-S-H. My office address is 1744 Federal Street, Philadelphia,

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PA-19146.

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Thank you.

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Affirm to tell the truth, the whole truth, and nothing but the truth?

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I affirm.

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Please proceed.

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Mayor, did you hear my opening statements?

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Yes, I did.

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And are they true and correct?

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Correct, yes.

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And do you adopt them as your testimony?

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I do.

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I have no further witnesses or presentation, Mr. Chairman.

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Any questions from the board?

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no no no anyone else wish to testify in this case if so please raise your hand

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no hands thank you planning commission good morning mr chairman and members of the board

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David Fecteau, F-E-C-T-E-A-U, with the City Planning Commission.

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We're in the firm to tell the truth, the whole truth, nothing but the truth.

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Yes, sir, I do.

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Thank you.

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Thank you, sir.

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Mr. Chairman and members of the board, this property is indicated for single-family residential use in the city's comprehensive plan.

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However, we believe that this property will be in character with the surrounding block.

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Accordingly, we have no objection to granting this variance.

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Thank you.

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mi-2020-0008231227 south 46th street my vote is yes my vote is yes my vote is yes

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my vote is yes my vote is yes thank you thank you calendar number mi 2020 00017 128 east wyoming avenue

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anyone here for east wyoming avenue 128 east wyoming avenue

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ahmed johnny are you here for this case for wyoming avenue

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yes i am okay i'm sorry this is sharon saletta before mr ahmed starts um i wanted to say that

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we did receive his exhibits and we received a letter of non-opposition from councilwoman

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sanchez great mr ahmed or mr johnny give me one minute he has to oh okay

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I'm having problems Abby

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tanya um could you promote the um gentleman with his hand up i'm mad johnny to a panelist

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i'm having a problem promoting okay thank you

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you should be promoted now

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thank you i'm at you can is this sister

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okay you can um share your screen with your exhibits as necessary but you're going to wait

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for the chair to swear you in okay you're going to do it

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mr johnny can you hear me yes i could hear you ma'am can you put your name and address on the

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record. My name is Ahmed Johnny, A-H-M-E-D-J-O-N-N-Y. My address is 217 West

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Roosevelt Boulevard, Philadelphia PA 19120. I'm here regarding 128 East

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Wyoming Avenue. Do you swear or affirm to tell the whole truth and nothing but the

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truth i do do you also uh strike that mr chair you hear me now yes

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i had to get off you swear for him to tell the truth the whole truth and nothing but the truth

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i do

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okay please proceed so this is a permit for a four-family dwelling multifamily dwelling

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in an existing structure you may proceed

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mr johnny do you have any floor plans any photographs of the property yes i do your

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Could you please share them with us?

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Okay.

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Is it visible?

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Barely.

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Are you holding them up?

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Let me see.

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I'm not familiar with the system. Can I ask for assistance by my son?

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Yes, absolutely.

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Oh, sure.

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Thank you so much. Can you share the blueprint that I have on my patients?

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It's in the photos?

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Yes, it's in the photos.

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It's in the photos?

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Yeah.

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Which photo?

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The photo is of the group right here.

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Yes.

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I need your help sometime.

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Yeah.

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Mr. Sherman, can you see it?

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Yeah, could you enlarge that?

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This is Wyoming, Gavin. You're right in the front right here.

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And that turns to the apartment and that's right here is the emergency exit and to the

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right of the blueprint. Rotate that it's... Rotate it?

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rotate rotate that it's rotate it yeah please because it's

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All right, just try to describe it as best as possible, it's a basement plan, I can't

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figure it out.

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How about, I have the blueprint, the original one posted on the wall, maybe it will be.

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That's too difficult.

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We can't read that.

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How do you rotate the camera?

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There you go.

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Can you read this one better?

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No.

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If you enlarge it and bring it up to us,

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because it's...

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No? No. I have emailed the blueprint.

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So I don't know, Mr. Chairman, this is the best of my knowledge.

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aaron is there anything in that file that uh is any particular interest for the board

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on the plan do you have that plan um i do have the plan i can try to

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email you the exhibit packet if you can pull it up

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there are photos there's the uh the summary of the rco meeting the rco supports the project

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it's all right we're gonna just have to rely on the rco and we'll hear what the

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planning commission has to say any board member have any questions no

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anyone else wish to testify in this case if so please raise your hand

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no hands thank you planning commission good morning david effecto city planning commission

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mr chairman and members of the board this property is indicated for residential single

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family use on the city's comprehensive plan this appears to be a pre-existing three-unit building

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and considering that the councilwoman is not opposed and the rco supports it

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We do not believe that adding one more unit will have an adverse impact on the block,

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so we are not going to object to this variance.

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Thank you very much.

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MI-2020-000017, 128 East Wyoming Avenue, my vote is yes.

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My vote is yes.

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My vote is yes.

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My vote is yes.

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My vote is yes.

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calendar number mi 2020 000 862 1429-31 federal street

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Mr. Whelan you've been promoted to panelists you're going to meet your mic and share your

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screen as necessary but wait to be sworn in hi Mr. Whelan name and address for the record please

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Yes, thank you. Sean Whalen, S-E-A-N, last name W-H-A-L-E-N, Vintage Law, 6 Coulter, C-O-U-L-T-E-R Avenue, Suite 1000, Ardmore, PA-19003.

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

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I do.

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

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I do.

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

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

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five days in advance of this hearing and have you met with the rco and do you have a letter yes to

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all thank you you may proceed before you begin mr will was this address at this case in front of us

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once before uh for 14 for 14 29 to 39 i don't believe so um the former satellite auto repair

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shop so that there was uh this is two properties 1429 to 31 federal street which is a long time

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vacant lot um i believe that was previously part of a property fronting on north 15th

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and has been subdivided there was something in there around that that's why i asked okay

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okay um yeah and then the second property is 1433 to 39 federal street i'm sorry 1433 to 39

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federal street which my client purchased in february of 2019 is the long time vacant lot

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and 1429 to 31 federal street is a uh existing car audio and audio auto body business that is um

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now a consolidated property and uh i'll i'll give you the the map here in a second

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So Sean Whalen, Vintage Law, here on behalf of the owner, and we have one refusal today,

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which is we are proposing 42 dwelling units in a four-story building, 35 dwelling units

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are permitted by right.

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I am very happy to say, because it doesn't happen often these days, that the RCO was

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overwhelmingly in favor.

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we got a 13 to 4 vote in our favor by the RCO and what you can see here is the

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zoning plan I will skip over unless the board has any questions all of the

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required documentation the deeds tax clearance certificate all of that that

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was emailed to the board and no need to belabor it now unless the board has

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questions so what you see here essentially this longer parcel a deeper

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parcel this is federal street uh north 15th would be one property over this is actually the uh mr

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whalen we do not see oh i forgot to hit yes okay sorry about that no problem

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okay now can you see my screen

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yes yes apologize for that there's always one more button and i forget to push it

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No problem. No worries. All right, so here's a copy of the refusal as you can see one

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refusal listed

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Again 42 units are being proposed 35 are by right. Here's a copy of the

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RCO's letter

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Everyone showing support

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Okay, now here's a what the property actually looks like it has this l shape to it

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This shorter portion here, boxier side, is currently the long time vacant lot.

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This longer portion here is what's improved with the car audio auto body shop that will

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be demolished and the two properties are consolidated at this time.

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So what you can see, this is just an aerial view showing where we're at.

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we are not the corner of Federal and 15th, but we're one property over, and then it goes

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all the way back just off of Broad as you head to 15th.

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Here's kind of an aerial view showing what's along here, dialysis facility, and a couple of

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ear distributors, along with auto repair. It's kind of the state of the commercial market here.

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And then here's the zoning map.

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So we are zoned CMX2.

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We are proposing first floor commercial with the remainder being residential.

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I can show you here are some photos of the existing site that were provided.

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This one right here shows the vacant use.

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Here is the auto body shop next door.

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and these other properties are the ones indicative of what's immediately surrounding us.

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So again, everything is by right.

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We have 14 bike spaces, zero vehicular parking spaces in a four-story building.

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Here again is that odd shape that we've got.

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