civus
Hearing audio

ZBA Hearing - February 18, 2026

Philadelphia Zoning Board of Adjustment (ZBA)Feb 18, 20264h 37m

Specifically about the governmental facility that you cannot have any type of coverings

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restricted to their sight line? Yes. As well as the PICO power lines that hover over your facility?

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Yes, thank you questions from the board.

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So there's no way for you to do the usual kind of landscaping that we're talking about, like even like shrubs and things like that.

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is that that that is correct because uh and i can go through the site plan again but it's a dedicated

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133 parking spaces that's been there for over 40 years it's been cooked this way for 40 years where

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there's dry vials and if we changed it up in any way it would be like for instance if we put the

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shrubs in front of the like the parking spots right and that wouldn't hover over in the sight

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line we're going to have to push those cars back which would affect the viability of that two lane

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uh parking uh aisle got you so okay all right thank you

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questions or comments from our attorney philary emerson not at this time mr chair questions or

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comments from the audience or the virtual audience no hands at this time chair planning commission

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amy boat with the planning commission the comprehensive plan recommends no change in

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zoning to the current i2 medium industrial the proposal is part of a legalizing a parking lot

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that precedes the landscape code the application is subject to the landscape entry code in a

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situation where it is not feasible to comply with the code the planning commission staff

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would consider a waiver from the required landscaping if a fee in lieu is provided

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For this application, it is calculated at 31 trees for $31,000 fee-in-lieu, which would otherwise go to Parks and Recreation for the tree fund.

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The appellant shows not to seek a waiver for the planting requirement, which is considered fee avoidance.

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The Planning Commission has no objection to the Board granting the requested variances for perimeter screening interior landscape.

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Thank you. MI 2025-006268-6204-208, Oxford Avenue. I vote yes.

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michael johns my vote is yes cheryl gaston my vote is yes tenetta graham my vote is yes ryan

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mcadams my vote is yes tyia wood my vote is yes thank you sir thank you i'm staying here yeah yeah

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okay that's good okay one more right yes i do right mi2025-006-277-907 north 43rd street

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alan knockamson is the attorney mr knockamson could you please state your name it's spelled

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for the stenographer alan oh i'm sorry you you've done that yeah alan right and mr knockamson could

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you identify your client and tell us the relationship to the property oh yeah my client

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is still left of me phil felix okolo the owner of the property right and i i see that uh there's a

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letter of support from west belmont civic association six in support five in opposition two near neighbors

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okay thank you thank you please uh oh our vice chair has just a few questions yes

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good evening again have you submitted your documents and exhibits five days in advance of

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this hearing yes we have okay and do you waive the reading of the refusal and stipulate to its

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accuracy i do not stipulate to this accuracy but we cleaned it up a little bit there's a

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mislabeling of one the refusals talks about the front setback. We are providing the required setback of eight feet, but we did do revised plans to kind of, you know, highlight, I think it was just unclear from the revised plans. So we up, we gave

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you know highlight i think it was just unclear from the revised plans so we up we gave revised

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plans hopefully now it's clear that's an eight foot uh front setback when you say eight foot

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do you mean a third floor or no no it's just we had to be in line with the building structure

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okay yeah so it was mis misinterpreted so but we did it by revised plans okay that's fine

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Thank you. Thank you. You can show your screen and proceed with your case.

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All right. Thank you.

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All right. So my client purchased this property as an RM1 property, hoping to put a triplex here.

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The zoning changed on them, and that's why really we're here today.

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And it's not out of character to have triplexes here.

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YOU'LL SEE THAT THERE'S ONE, TWO, THREE, FOUR, FIVE TRIPLEXES ON THIS BLOCK, YOU KNOW, AND WE'RE CLOSE TO A COMMERCIAL CORRIDURE ON LANDCATES OF AVENUE.

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SO THERE'S ONLY ONE REFUSAL HERE. IT DEALS WITH THE USE OF THIS, YOU KNOW, SEEKING A THREE FAMILY DWELLING. AS I INDICATED, THE OTHER ONE WAS A MISINTERPRETATION OF OUR DRAWINGS.

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SO WE DID GET A LETTER OF SUPPORT FROM THE COMMUNITY.

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and then here's our revised plans and it says plan revised to clarify matching front setback

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with adjacent property and then here are nearby triplexes and i'm just going to click through but

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9 40 903 9 13 9 17 and 9 50 uh north 43rd street are all triplexes according to public record

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Now, there was a bill introduced in 2023 to change the zoning on my client from RM1 to RSA5.

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You know, he purchased this property depending on the fact that this was going to be a triplex, or he was going to be allowed to do this as of right.

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So you can see here it was originally RM1.

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They changed the zoning to RSA5.

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Aerial view, there are nine vacant lots on his side of the street.

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You know, we're hoping to encourage development through this triplex use.

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Again, we're not that far off from Lancaster Avenue, and there is mixed zoning all around both CMX2 and RM1.

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And then photographs of the property. Right now it's a vacant lot.

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This is the property in 2009 before my client owned it.

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you can see it's been it has a pretty rough history here this is our proof of our posting

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for today's hearing north 43rd street to the right of the property to the left of the property

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our plans and drawings we're three feet out of the ground just you know so you indicate

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and then here you can see how we're matching the property to the left of us from the front setback

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let's just go to the floor plans so you walk in there's a common vegetable area make a right

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This is unit number one, where there's a living room, a kitchen, for light and air, there's an opening here to allow for that, a bathroom, and then the bedroom, and that person does have access to a lower level.

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Instead of unit number one, you go up a flight of steps to unit number two.

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There are two bedrooms, one here, one here.

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There's a full bath.

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There's the kitchen area, and here's the living room area.

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And the same thing is on the third floor as well. And then there's a roof deck. The second and third floor units have a trash room right here, like a ventilated trash room. And then the first floor unit has the rear yard to store trash. My client would agree to provide some commercial trash pickup.

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again we met with the community on january 14th 2026 at 6 p.m proof of mailing of that of that

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notice went to the to the coordinating rco and other relevant parties a few weeks beforehand

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significant amount of addresses were notified proof of mailing to those addresses our application

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for appeal on behalf of 907 and 43rd llc i think originally i said my own the owner of the

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property is philix occolo he is its member so he owns in the corporate capacity

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feed to the property showing that 907 and 43rd llc is the owner of the property

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and you can see he purchased the property in 2021 before the change in zoning

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and then a certificate of tax clearance that those monies are not due yet again most importantly here

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this would be a buy right project under the previous zoning classification through no fault

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of my client um you know the zoning changed on him and now we're here today to ask for a variance

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alan was that a new property next door uh i'll defer multiple units

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Alan, was that a new property next door?

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I'll defer

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multiple units.

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I'll defer to Mr. Okolo.

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Okay.

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Sir, could you please state your name?

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It's spelled for the sonographer.

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My name is Felix Okolo.

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F-E-L-I-X-O-K-O-L-O.

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Right.

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Do you swear or affirm to tell the truth,

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the whole truth, nothing but the truth?

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Yes, I do.

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Just sit a little closer to the mic.

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Yes, I do.

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Thank you.

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Counsel?

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Before I ask you the three questions,

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the chairman had a question is there a new construction project next door to you yes there

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is there is a three building which is pretty new right at the corner of that is it multiple units

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yes how many units it is three units okay go ahead yeah so i don't know which one it is but

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there's 940 903 913 917 and 950 is that one of them yes it's just two yeah you can see the new

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signing that was next to your house yeah i'd say no which address all right okay uh you heard

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everything i had to state today about your zoning matter yes yes i do uh and is it true and correct

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that's correct yes and do you adopt this your own testimony yes i do thank you

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questions from the board alan can you show the facade again and is there any is the drawing

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doesn't show the adjacent property at 909 i guess i the one thing i saw was like you should

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show the sign and i saw new siding next to it that's at 903 so okay and then there's a vacant

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i think my i mean i understand that the setback i think my concern is that this immediate block

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is mostly two-story single-family houses yes there's the three-story at the corner um and i

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there's a few other newer builds in the block that have a step back at the third floor that's

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actually not visible from the second floor and this is now going to be the only one in that line

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that if aligns with those facades that has a third story um and i just wanted to understand

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like how is your porch aligned with the one next to it i think it aligns you mean in terms of the

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depth or i'm trying to understand i'm thinking height height and where it sits in the site plan

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okay let me see the site plan let's see all right so how's it i think just want to make sure i think

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our porch aligns with their porch um is it the intention is to align yes it's going to be on

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the same line with the adjustment building yeah and just so he's a very experienced developer

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and you're also a contractor too right that's correct yeah so i'm going to defer to him to

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answer any questions can you just pull the drum i mean yeah i was just trying to make it yeah no

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down up the other way yeah this way other way keep moving up so that i can see the front of the

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building i'm for you you want to move it up okay just keep like this the other way

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all right there's not much more room left this is what i needed okay thank you okay

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but your intention is to line them up it's hard to it's hard to tell it's hard to tell

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on the elevation that there's a setback above the second floor i mean this says roof and patio

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but on the elevation it doesn't really it's hard to tell well the setback i think is not the roof

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itself it's it's the it's the setback that you i i so my reading of the refusal was that the

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buildings had to to line up um on the on the well the refusal was indicating that they weren't lined

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up um at the the ground floor um not that there needed to be a eight foot setback above the second

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floor because the one of the adjacent structures has three stories so it wouldn't need an eight

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put set back okay either of the adjacent properties so this is the three-story there's a

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there in the there's a picture it's two it's two doors there it's there's a vacant lot in between

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i was tutor right so it's not so right it's right 905 is a vacant lot forward of everything on the

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block but it's on the corner so like this is going to be the first three-story structure

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that sits back with the two-story structures so i think like just personally like from a

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block facade i would like to see the porches align and i would like to see a setback at the

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third story it's not required but right yeah no it says the lot is vacant next door then that

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doesn't trigger the requirement the the issue if you set back on the third story then it goes to

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one bedroom yes it does which i understand and and i do think it would look better my personal

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and and i do think it would look better my personal opinion is it would look better there's

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opinion is it would look better there's two others already

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two others already on that block and it's holding the facade line and the rest of the block looks

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really neat even with the ones that are multi-family because of that setback this is going to be the

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first one to break that well there's nine vacant lots on our side actually not on your side because

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they most of them have been filled and there's one it's this one and the one next to it okay

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am i not correct i let's go with two two more okay yeah it's two the other two got filled in

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they all got filled in with the building i'm saying okay i'm just going based on the picture

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that was provided i yeah no um no she's right they've all been filled in they've all been

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filled in all right but felix in terms of the viability of this project would it be viable

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to basically take a two-bedroom unit to a one-bedroom unit.

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I don't know it will not.

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Two-bedroom is definitely more viable.

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Yeah.

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And again, just looking at the hardship here,

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like we were looking to do this as a three-unit at Byright building.

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And unfortunately, the zoning changed on us.

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It's not like we're trying.

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It happens, but like it's unfortunate.

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And, you know, he purchased this property as an RM1 property. So any type of deviation, and we're not trying to be greedy here. We're not seeking any dimensional variances here. So under those circumstances, we would, you know, request that the board to consider that as part of the calculation of deciding whether to grant the zoning variance.

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and could you explain a little bit about the opposition from the at the community meeting

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yeah they were just against anything they're i mean literally they were like we just don't want

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any multi-family here and um we explained like i i hear you and this would be a different

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conversation if this was an rsa5 property that we purchased but when it turns from rm1 to rsa5

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that's a a real punch in the gut you know and and to have to wait like six months to go through this

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process and the expense and and the uncertainty especially in these times where it's expensive

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you know to build and and is your height 38 feet uh our height is 33 feet 33 feet okay yeah so we're

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not trying with the roof deck well the roof deck is not quite it's from the roof line and then you

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know i would assume that the pilot house which is probably another nine feet maybe 10 i don't think

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it is but i think it's nine so no what's what's the what's the basement which would what is the

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basement what's what are you using for the basement it's just you go back to the plant yeah

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yeah it's we're three feet out of the ground oops and it's just open down there there's a

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laundry down there for the for the tenant and utilities but there's nothing really else built

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down there okay are there any of those so is it going to be finished or unfinished

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uh it's going to be is it going to be finished or unfinished it's going to be unfinished okay

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unfinished okay and are there any other roof decks i can't speak to that it sounds like

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maybe you have updated drawings which i would estimate guesstimate that there are roof decks

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um you know board member win is is nodding in an affirmative fashion so i believe there would be

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but i'm gonna they built the other new ones but they're back no the other new ones the other ones

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let's let's let's yeah but they don't they don't have roof decks but they don't have roof decks i'm

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looking at zoom google rather why don't we take a look at this i mean so first two floors two

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bedroom apartments on each floor uh no for uh unit number one is a one one because a one bedroom one

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bath right and then unit two is a two bedroom one bath but the third floor if you set it back you'd

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have a one bedroom unit yes and that's you can't make it with that i mean you're only taking one

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bedroom off this well i'm just considering that look up look i see you smile a little bit i see

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smile a little bit come on now okay so i was constantly like uh he said here when when the

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project was bought actually borrowed because it was by right zoning right i got it but now we're

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at this situation we are and i think you could have a project if you have a one bedroom or a

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third floor i mean and there's there's no doubt in my mind you can make that a problem it's also

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because of the cost of construction is going to cost a lot more money compared to what is going

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to be it's going to cost a lot more money just with one bedroom yeah yes because the one bedroom

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is a lot of difference when it comes to i think he's saying in relative like given the cost of

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construction all right the numbers are not going to work you know um i don't think it's much cheaper

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to just set it back um in terms of construction too i don't think it's gonna and but the issue here

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um in terms of construction too i don't think it's gonna and but the issue here is the viability of

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is

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the income stream yeah i understand that yeah yeah i think that's that's the tough part well

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i mean if you look at your if you look at your plan you know you've got a and compared to the

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other second and third floor you've got a fairly large one bedroom on the first floor it could be

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reconfigured as a two bedroom and you can set this third floor back and have the one bedroom

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room on the third floor as opposed to the first floor and the units would be comparable in size

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