civus
Hearing video

ZBA Hearing - September 30, 2020

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

odd shape that we've got and just jumping to the variants obviously we have a hardship here it's

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and just jumping to the

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a large oddly shaped parcel but primarily this neighborhood is changing into one of more

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of residential nature and you know while it's zoned cmx2 along with the addition the adjacent

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properties the commercial corridor is really in a dilapidated state and really cannot support

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any commercial activity. Therefore, the additional density is needed to increase the commercial

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demand. And to be honest, if we did not have the additional density, we would be here for

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a different variance, which would be asking for purely residential with no commercial on the

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first floor. This was actually a key point of the RCO was that they need additional density

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in and around this block in this area because the commercial properties are failing in that

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neighborhood. This is the least minimum variance test passes it. Again, we need the increased

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density to support the commercial space. The layout of the building is in context with the

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neighborhood. The height is by right. All open space and dimensional variances are by right.

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and these are all one bedrooms and at this time you know I have a owner's rep here that will

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testify to this as well the larger units are simply not in demand and so if we were to shrink

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the number of units we would be putting in product that just simply isn't in demand in this

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area and lastly we obviously a huge benefit to the neighborhood is cleaning up this long-standing

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vacant lot and getting rid of this recessed auto use the RCO was was very pleased with both of those

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there will be additional lighting for pedestrian walking and our property will go right up to the

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to the street street frontage to activate the commercial space and you know this of course

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is right off major transit from Broad Street and will not adversely impact the neighborhood

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in any way. With that, I would ask to introduce our expert architect, Agata Reister, and

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Ori Feibusch as the owner's rep here on behalf of the owner.

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um let me ask this before do any questions from the board that we would require uh uh answers

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from the architect no no no no we can skip over that unless you need that for your

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testimony mr whale and go right to the owner's rep uh i would just have uh the architect then

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put her name in and she can adopt my testimony. That'll work, thank you.

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Ms. Reister, are you on?

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Yes, good morning. Good morning. Ma'am, please identify yourself with a record name and address,

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spell your name uh agatha reister landmark architectural design the address is 1325

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snyder avenue philadelphia pa 19148 and would you spell your name please for the stenographer

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a g a t a last name r e i s t e r thank you swear and affirm to tell the truth the whole truth and

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nothing but the truth i do please proceed miss reister you've been introduced as our expert

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architect on behalf of this property is that correct that is correct thank you and did you

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hear all the testimony i provided already um yes and would you agree that in uh it is true and

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correct to the best of your knowledge and opinion uh yes i would and would you adopt it as your own

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yes thank you very much miss reister that's all i have thank you

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Ms. Sunkit, if you could promote Ori Fybush.

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Hey, good morning, Ori Fybush here.

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You're on mute, Chairman.

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Thank you. Good morning, Mr. Feibusch. Please identify yourself, name and address for the

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record. Sure. Ori Feibusch, OCF Realty, 1936 Washington Avenue, Philadelphia, PA.

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

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

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I do.

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I do.

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Please proceed. Thank you.

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All right. Mr. Fybush, you're here on behalf of the owners, the owner's rep.

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Did you hear all the testimony that I provided so far?

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I did, yes.

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And is it true and correct to the best of your knowledge and opinion?

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It is, yes.

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And would you adopt it as your own?

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I would, yes.

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Thank you. And do you have anything further?

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No, I'm just excited as a neighbor to hopefully convert part of what has been a very difficult

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and blighted block into something that is more attractive and pedestrian friendly.

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Thank you very much.

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Of course, if the board has any questions for either Ms. Reister or Mr. Feibusch, I offer

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them up to you.

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Otherwise, we would rest our case.

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Questions from the board?

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No.

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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 Fechtow City Planning

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

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multi-family use in the city's comprehensive plan this property was created from a larger

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parcel with a plan to erect multi-family town homes in a previous application since then

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nothing about the parcel has changed we believe that 42 units is an overuse on a block that has

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significant traffic traffic concerns caused by the neighboring medical facility accordingly we

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recommend against this variance mi-2020-000862 my vote is yes my vote is yes my vote is yes

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my vote is yes my vote is yes

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calendar number mi 2020 000 805 you're welcome 2137-39 east somerset street

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sorry

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that's the gestion that dog is burping

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Everyone for East Somerset.

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the attorney is brett feldman thanks sharon

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happy i need your help again for some reason it's not working for me no problem who am i unmuting

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Brett Feldman. Brett Feldman you are promoted to a panelist. Thank you.

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Mr. Feldman can you put your name and address on the record please? Sure.

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Sure. Members of the board, Mr. Chairman, City Planning Commission, Brett Feldman, 1835 Market Street, Philadelphia, Pennsylvania, 19103.

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And I represent the applicant and property owner, Peter Crawford, something Somerset, LLC.

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Okay. 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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Do you also agree to waive the reading of the refusal and stipulate to its accuracy?

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i do have you emailed your exhibit packet with proof of ownership tax compliance refusal referral

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photos 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 we've submitted all the required exhibits uh including the um letter of

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support from the somerset neighbors for better living um as well thank you you may proceed

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Great. And if I can share my screen?

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Sure.

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can everyone see my screen now with the uh exhibit title page

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yes yes okay great uh again brett feldman uh i am the attorney on this matter uh you'll see in

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front of you the list of exhibits uh one through nine um which i'd ask be incorporated into the

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record. This is an application for a five-unit multifamily building, and we have our deed tax

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clearance certificate, OPA printout. So let me just get right through this here.

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Deed, tax certificate, OPA printout. Probably most important on this, the reason why we attach this

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The property is known single-family, but this is a unique property in that it's almost 4,000 square feet, and it's 54 feet on Somerset by 74.

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So this is actually almost like a triple-wide lot, which is why we have the application.

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Here's the water department printout, which you'll see how large this lot is, 54 by 74.

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And as part of the story, which I'll get to, is we're right up against a large PECO substation.

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So even though this is zoned residential, almost all around it is industrial or actually heavy industrial scrap metal plants, car lots, a PECO substation.

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So here again, this is our lot here.

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It's actually these two lots here.

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but IRMX, IRMX, Industrial, I2, ICMX, ICMX, and I'll show you these pictures itself.

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This was a kind of nice exhibit that our project architects from Alma Architecture, Matthew Huffman, prepared.

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Again, showing our property and showing the scrap metal plant, the PICO substation.

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This is us right here.

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I use car a lot right behind us.

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And then the projects that have been approved, as I'll show you, are actually are multifamily around here.

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So, again, our property, the PICO substation, the salvage yard, the scrap metal plant,

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and these are some large multifamily 140-unit, 60-unit projects that I believe that this board had previously approved.

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Here's the car lot right behind us, the substation.

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here's the lot itself uh it is a large lot 4 000 square feet 54 by 75 right up against the pico

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substation and then as you go in this direction it's a combination of um single family and duplexes

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um going going in that direction here and then as you go in this direction this way

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you'll see the heavy industrial again here's the property vacant lot

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this is the strong letter of support from the community group we met with them twice

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we met with the first time they wanted to meet further so we met again and you'll see the strong

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expression of support 18 and support for opposed and it was really again here's the rest of the

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the tally a positive discussion the main refusal as i mentioned is multi-family in the rsa 5 lot

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we have revised plans but let me just get to the let me just get to the plans themselves

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as revised this is the property it's a three-story multifamily building two units on the first floor

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two units on the second floor one unit on the third floor with three parking spaces

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along the side here parking really isn't an issue in this neighborhood but but we thought it made

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sense to provide an additional buffer from the PICO substation that is right

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here on my cursor. Here's the floor plans. These are good-sized units, 600, 800, 900,

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1,000 type square feet. And then I think what probably shows this the best is this

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is a photo rendering that we did showing our building in context, which is

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similar to all the three-story over here. We designed ours to match up at the two-story here

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as far as at the second level, and then the Pico substation here, and this would be our parking

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field over here. Let me just show you a couple different directions what this would look like.

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Again, that's a good view of what it would look like. Traditional brick along the first two floors

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to match in with the two-story here, and then a mansard roof on the third floor set back

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to show the distinction.

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Again, that's what it looks like, that's what it would look like.

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that's what it looks like, that's what it would look like, and we met with the civic

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and

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we

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group twice. Here is our community notice and proof of mailing. With that, I'd like

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to turn to the property owner, Mr. Crawford, if I may have him unmuted. Peter, are you

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available uh yes i'm here brett okay please identify yourself with the net record name and

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address spell your name for the stenographer uh yes peter crawford p-e-t-e-r-c-r-a-w-f-o-r-d

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at 1639 north hancock street suite 307 philadelphia pa 19122 and you're you swear

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to tell the truth the whole truth and nothing but the truth yes i do please proceed

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uh and uh peter you're the owner of the property yes my entity something somerset llc is the owner

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of the property okay and i talked about uh i just wanted you to to adopt this but um that this

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property is unique and that it's 4 000 square feet 54 by 74 um and when you were looking at this

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um you came to the conclusion that what made the most sense because of the unique size of the

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property because of it being located right up along the pico substation and all the other

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industrial uses along there that as a buffer this made sense as as multifamily correct yes that is

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correct okay um and you heard you heard the rest of my testimony talking about uh the way it was

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designed in order to be sympathetic and kind of a a bookend to the three-story at the other end of

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blocks correct yes i did uh and and was that uh testimony that he provided true and accurate

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uh yes and do you adopt it as your own i do thank you okay uh we also have a project architect

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matthew huffman i don't know if it's necessary for him to um but let me ask the board if anyone

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has any questions regarding to regarding the architectural issue any architectural issues

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No.

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Great.

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And I would just say, when we looked at this, you know, if this was a multifamily, it would yield, I think, nine or ten units.

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We have five here.

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In all the respects, we're fully code compliant.

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Significant open area in the rear, well below what the code would require in terms of coverage, open area, and all those items.

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So we thought, and the community group, after our two meetings, agreed that this was an appropriate application for this area, for this unique property in the context of the surroundings.

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Excuse me, Brett.

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Yes.

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Don't forget the minor change in our plan with the bay window.

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Correct, correct.

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And I did submit to the board, and we do have revised plans.

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We had added a bay window at the third floor that we showed the community group, and there

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is a revised plan and a change of proviso form that we have that we passed out and we

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submitted.

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I don't know if mechanics, but we would ask that that be approved as well, and we did

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show that to the community group.

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Is that just one page?

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Correct.

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Thank you.

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Okay.

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any questions from the board no no no anyone else who wishes to testify in this case please raise

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your hand no no hand thank you planning commission good morning city planning commission david

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

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This is a primarily single-family block with two- and three-story homes.

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The zoning maps for this neighborhood changed in 2017 to reflect the neighborhood association's preferences.

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At times, those preferences can change, and evidently here they have.

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So accordingly, we have no objection to granting this variance.

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very much mi-2020-000805 my vote is yes my vote is yes my vote is yes my vote is yes

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my vote is yes we were just asked that that be as per the revised excuse excuse me yeah i left

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that out my mistake i'll do that again mi-2020-000805 my vote is yes with the proviso revised plan

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one page approved today yes with proviso yes for proviso yes with proviso

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yes with proviso yes for proviso yes with proviso yes with proviso as always thank you for your time

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and consideration thank you all the best calendar number mi 2020 000 264 2222 north 17th street

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the attorney is Sean Ward he's Mr. Ward let's see okay

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Mr. Ward, you've been promoted to panelists. You can share your screen as you need to.

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Mr. Chairman, good morning. I had submitted a continuance request on this matter because we

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have not yet met with the RCO. I apologize. Okay, so granted, does anyone have any issue

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regarding the request for a continuance? If so, please raise your hand.

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This is Sharon Svaleta. We did receive the request. I apologize, Sean.

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yes i have the request from the um rco as well as from mr ward okay no problem then

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mi-2020-000264 2222 north 17th street is continued thank you very much have a great day

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