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Hearing video

ZBA Hearing - March 16, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Mar 16, 20225h 49m

level as you can see each of the floors you'll see have their own garbage room including the level

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where the parking is we have a lobby a common lobby which would come off of 36th street and

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people can go up an elevator. Here's the parking here, in terms of entrance for the residents.

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And then this is a floor plan, a sample floor plan. Each floor has three units. And each

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floor, again, just to reiterate, has its own garbage room. And because of the size of the

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property we will obviously have commercial pickup again here are some elevations again we're not

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trying to get any height variance we want to keep within the scale of the community and the look of

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the community by way of our brick facade and concert group and this is the community meeting

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notice we met with the community on february 4th at 5 30 p.m we had 62 addresses that were notified

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this community meeting, the list of the addresses, proof of mailing, deed to the property shown

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in 1712-14N36, LLC. It's the owner of the property.

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Our application for appeal to the ZVA, along with our nose refusal, project information form,

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and our certificates of tax claims. Of particular note, this property has been a vacant lot.

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for at least 15 years based on Google Earth.

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So, you know, we're really looking forward

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to developing this lot where it has been undeveloped

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for a significant period of time.

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With that being said, I would ask that either Natalie

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or Alan virtually raise their hands

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so that we can dock my testimony,

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and then we can take any questions from the board.

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sir i have an alan borovitch with the hand raised

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allows him to speak at this time sir yes please

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at once could you state your name and spell for the court reporter please

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yes alan borovitch a-l-l-e-n last name b-o-r-o v like victor i-c-h do you swear or affirm to tell

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the truth the whole truth and nothing but the truth i do proceed uh mr boravich you heard

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everything i stated today yes and is it true correct yes and do you adopt this in your own

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testimony yes all right thank you very much questions from the board no mr chairman

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questions or comments from the virtual audience

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Mr. Chair, Ms. Michelle Gilmore has her hand raised.

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I will notice you.

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Okay.

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Hello.

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Hi, could you state your name and spell it for the court reporter, please?

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Michelle Gilmore, M-I-C-H-E-L-L-E, Gilmore, G-I-L-M-O-R-E.

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

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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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Yes.

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Proceed.

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Okay, so I just wanted to make one correction to what Mr. Nolkinson said.

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It hasn't been vacant for 15 years.

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I'm the next door neighbor, 3602, to those lots.

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So it hasn't been vacant for 15 years.

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The other question that my concern is the parking.

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Why couldn't they put non-parking spaces?

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Because on the left-hand side of Olive Street, you have driveways.

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on the right-hand side, we have street parking. So now you take away our street parking

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and you have a building for non-tenants, but you only want to provide them with five parking spaces.

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Either give them non-spaces or don't give them parking at all, because now you force the people,

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the four other tenants to use the parking that we have. It's a big issue.

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All right. Mrs. Gilmore, thank you for calling in and telling us that. Any other questions or

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comments from the virtual audience? I have a Ms. Tamika. I have allowed to speak.

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Please. Hi, good afternoon. My name is Tamika Chavis, T-A-M-I-K-A-D-H-A-V-A-N-V-I-T-O-I-S.

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

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yes proceed please i'm calling because while i'm on here because i am supportive of this

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development we have had previous vacant lots on the blocks for years people dump trash on the

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things like that there are other property that they built on the block we have not had any issues

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with yes the parking thing is an issue and it was addressed and discussed that's why they're doing

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the parking which only they can do without zoning allow them to do and they have definitely

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took that into consideration. Thank you very much for calling in and reporting that. Is there

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anyone else that has a comment from the virtual audience? I see no other hands Mr. Chair. Planning

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Commission. Good afternoon Chair, Board Members. The comprehensive plan recommends no change to

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residential single-family zoning at this location the proposal for nine residential units exceeds

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the minimum variance required to allow the applicant to use their property a nine-unit

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building will be out of character with the block the city planning commission recommends the board

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deny the use and dimensional variances for this proposal mr chair i just would like to respond so

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next literally next door is 3606 and 3608 olive street both like significantly less in square

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footage and this board granted the variances without off-street parking while we're providing

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off-street parking. Thank you, Mr. Nackamson. MI 2021-005025-712 North 36th Street. I vote yes.

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You're muted, Carol.

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Carol Tenerey, my vote is yes.

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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 Shadee, my vote is yes.

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Thank you.

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Is there anyone else in the audience who the 2 o'clock cases have not been heard?

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I see no hands, Mr. Chair.

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Okay, so let's take a five-minute break, and then we're going to come back and we're going to finish the day up.

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Okay, thank you.

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Thank you.

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Thank you.

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Thank you.

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Thank you.

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Thank you.

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Thank you.

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Thank you.

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Thank you.

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Thank you.

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Thank you.

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Thank you.

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Thank you.

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Thank you.

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Thank you.

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Thank you.

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Thank you.

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Thank you.

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Thank you.

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As you wish, Chair.

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Tonya, how are we looking?

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As you wish.

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Ready to begin when you are.

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Let's start recording.

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We are good to go, sir.

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Okay.

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Good afternoon.

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My name is Bill Bergman.

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I will be chairing this afternoon's EBA hearing.

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With me is Carol Tenere, our Vice Chair.

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She's here. I just spoke to her. Ismail Shahid, our board secretary.

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Thomas Holliman, our board member.

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Present Mr. Chairman.

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And James Snell, our board member.

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Present Mr. Chairman.

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Also with me is our executive director, Tanya Sunkit, and our attorney, Sherman Thompson.

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Good afternoon Mr. Chair. Mr. Chair I am present. I know I told him you were there. Before we begin

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here's our virtual format. Be advised these proceedings are being recorded.

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If I participated you acknowledge your agreement to be recorded. A video will be available by

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contacting tonyasunkett at phil.gov. For the benefit of our court sonographer we ask attorneys

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and witnesses to identify themselves before testifying. Three, if you are participating

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by phone, if you wish to testify, press star nine to raise your hand and star six to unmute.

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To enter an appearance statement, call 267-270-5548. Leave your email and the address

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of the property in question. And lastly, please note the question and answer box on your screen

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is not for testimony or comments. Any comments should be directed to our Executive Director,

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Tanya Sunken. I have no continuances listed for the 6-3-30 meeting. Is there any continuances

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is requested. Mr. Chair, I have a Mr. Alex Rung with his hand raised. I will allow him to speak

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at this time. Thank you. Could you state your name and spell for the court reporter? Alex Rung,

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A-L-E-X-R-O-N-G. Do you swear or affirm to tell the truth, the whole truth, and nothing but the

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truth? I do. What case do you want to talk about, sir? 247-49 North 12th Street. Do you want to

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continue that? Yes. Are you the owner, sir? I am the engineer. I'm the applicant and representative

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of the owner. Okay. Is the owner here today? I'm not sure. Maybe not. No. Okay. Well, then

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I'm not sure. Maybe not. No.

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Okay. Well, then that case is continued.

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Thank you.

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Any other requests for continuances?

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No further hand, sir.

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Okay. Number one, MI-2021-002432, 1831 North 21st Street. We have no exhibits for that case.

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Kenan, LLC.

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Any responses?

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No, Mr. Trasky, no hands for it.

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That case is dismissed.

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MI-

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Thomas Holloman, dismissed.

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Carl Tenere, dismissed.

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James Snell, dismissed.

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Ishmael Shahid, dismissed.

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Thank you.

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MI-2021-004635-2249-North 12th Street.

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RCO 37th Ward, letter of support, Zen Jin, attorney.

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Zen Jin has been promoted to panelists, sir.

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Good afternoon.

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Good afternoon, sir.

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

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Yes.

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Zhenjin, Z-H-E-N-J-I-N, 1617 John F. Kennedy Boulevard, Suite 1838, Philadelphia PA 19103,

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here on behalf of the applicant. You swear or affirm to tell the truth, the whole truth and

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nothing but the truth? I do. Could you state your client and the relationship they have with the

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property? Yes, my client is the 2249 North 12th Street Holdings LLC. They're the owner of the

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property. Mr. Chagai Bader will be with us today. He is the representative from the company.

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Thank you, Sarah. And our vice chair has a few questions.

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Thank you.

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Mr. Jinn, do you agree to wave the reading of the refusal and stipulate to its accuracy?

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I do.

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It appears that you've submitted all of the required documents. Is that correct?

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That is correct.

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Okay, you may proceed and share your screen.

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Thank you.

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Thank you.

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I am sharing the documentation we forwarded to the Zoning Board. I just want to verify it is

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appearing on everyone's screens. It is. Thank you. We have submitted copies of the refusal,

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the support letter from 37th Ward RCO, the coordinating RCO and the only RCO in the area,

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photos, plans, tax clearance, and related documentation. Firstly, this is an application

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in an RM1 district, but it falls under the NCP subarea B overlay. And what we're asking

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before the zoning board is a variance to allow a total of four units, which would normally be by

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right for the size of the lot. However, under NCP, we're short by about 200 square foot for

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the lot size. That being said, this is a large lot and it is in a basically a heavily multifamily

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area of the block. And because of that, and because of the size of the lot, the community,

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the neighbors and the community representatives were in unanimous support of our request for four

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units rather than three. The reason for the four unit layout also is that it would make the units

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actually work out better in overall design. I'm going to jump to the plans at this point

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to show the board the layout of the property.

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This is proposed to be a three-story structure

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that will essentially match what is in the area

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as far as height and general look.

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The lot itself is about 16 foot wide.

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I'm going to zoom in so that it's easier to see on the site

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the actual width of the property.

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It's over 16 foot wide and it's 90 foot deep.

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This is a 1,500 square foot lot.

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So the proposal is to have what is essentially a three-story structure, which will have a maximum height of 33 feet 6 because that is more matching to what is in the area.

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The interior layout are four units, but what they are is they are front and back bi-level units, both first floor basement and then second and third floor.

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Each contains two units, but each unit also covers two floors.

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They look more like a small bi-level house set up than a pure apartment set up.

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house setup, then a pure apartment setup. The designer was aware that generally the board

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would prefer not having bedrooms in the basement. So what they did is they put the living spaces in

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the basement, the bedrooms on the first floor for the first two bi-levels, and on the second

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bi-levels, which are on the second and third floor, it's similar in design except the bedrooms

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are on the third floor and the living room kitchen area would be on the second floor.

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For a total of four units there are accessible roof decks for the upper floor units as well

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and there is an access alleyway actually to kind of a court area for the lower level floors as well

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