civus
Hearing video

ZBA Hearing - September 15, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Sep 15, 20204h 33m

No, I just saw it.

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No worries.

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No worries.

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All right.

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It's like the hands are going up and down.

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I apologize.

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No, that's not your fault.

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No problem.

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Okay.

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With that, Carol, we can begin calling the cases.

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Okay.

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Calendar number 38224918 East Shelton Avenue.

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Tuck Lum is the property owner.

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And this is an application for a two-family dwelling in an existing structure.

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it is refused for the one-year rule. There's also a use refusal for

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multifamily in RSA 5. An RCO meeting was scheduled for August 1st and

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there's no letter. Can you put your name and address on the record? Oh wait, is

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talk long here and

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for anyone here on calendar number 38224

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For anyone here on calendar number 38224, 918 East Chilton Avenue.

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I just promoted TAC LOM.

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Thank you.

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TAC, do you want to put your name and address on the record?

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Mr. LOM, can you hear me?

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Sharon yes I saw you go I thought you were going to say something I was before this I know that

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Mr. Schwartz had his hand up when you were announcing the continuances and I know that

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one of the cases that was continued was listed as his case that we did not receive exhibits for

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So at some point, maybe we could go back and see if he had a request.

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Okay.

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Can you hear me?

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Yes.

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Spell your name for the record, please.

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My name is Tak Lam, T-A-K-L-A-M.

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Hello?

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Schwartz, are you here on the...

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Yeah, this is Billy Schwartz.

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This is all new to me.

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I don't even know what the heck I'm doing here with this computer.

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I'm sorry.

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I've only been doing this for a year, but I didn't know about this until about 10 minutes ago, actually.

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And I don't even know how to get on Zoom.

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I had to get somebody to get me on here.

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Okay, so now you're on.

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Mr. Schwartz, Mr. Schwartz, what case are you going to be testifying on?

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You can unmute yourself, Mr. Schwartz.

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I unmuted you.

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Mr. Swartz, unmute your mic.

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Mr. Lamb, is Mr. Swartz representing you?

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No.

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No, right?

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Okay.

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I'm sorry.

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Two different cases.

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I probably shouldn't have confused things, sorry.

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I sent in a request yesterday when I found out about the continuance.

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Mr. Swartz, can you please?

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Mr. Swartz, you're not involved in this.

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Please wait.

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I'm sorry?

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Please wait a second.

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What case are you testifying on?

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This is case number 39045, and it's 2810 Frankfurt Avenue for the 2 o'clock list.

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we don't have it on our list

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it's the continued cases it was okay what 2810 sharon right right

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it's

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so mr schwartz are you asking for us not to continue this case no i'm asking you to continue it because

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I didn't know about the case until yesterday. Mr. Swartz, slow down. We already, it's already

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been on the record. We're continuing the case. Thank you very much. I appreciate that. And I

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will get in touch with the RCO to have them finish up what they have to do and we'll be there when we

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have to. Okay, Bill. Thank you. Thank you very much. Thank you. All right, let's go to Mr. Lamb.

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Hi, Mr. Lamb. Did you put your name and address on the record?

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Yes, I did.

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You did?

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

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Yes, I do.

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Okay, can you present your case?

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My case is about turning a single-family home into a two-family dwelling.

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So my architect was supposedly helping me do this,

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but he was admitted to the hospital on the Thursday.

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So I believe everything was submitted.

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I'm not really sure about that.

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so I'm going to continue on with this case by myself, if that's a feasible.

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Do you have any information you can share with us, war plan, photographs?

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That was all submitted.

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I'm not really on the computer right now, so I cannot share it in the computer.

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The one thing that we didn't receive is the RCO letter.

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Did you get a letter from the RCO?

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uh no i did not get the letter okay my architect assumed that it was mailed to the

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to the zoning board but you did have the meeting on august 1st is that correct

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yes thank you tell us what the results of that meeting was they agree with the

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yes thank you tell us what the results of that meeting was

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with the zoning

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go ahead with the family let me do this out a little bit out of order is anyone

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else here to testify on this case

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Mr. Richardson you can unmute yourself

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Mr. Richardson you're still under oath from earlier today

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Charles, are you there?

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Chair, I have another hand up.

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Leonard Brundage, are you here regarding this case?

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i'm not sure what's going on chair but you can proceed as you wish

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yeah uh charles isn't here as well right he's here and unmuted i'm not sure what's going on

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now he's not all right well mr lam if you don't mind we're going to go to the next case and then

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come back and see if we can get the witness from the councilwoman's office

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to testify okay have you had any interaction with the councilwoman's office

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i'm you mute me

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now let's go to case number two

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calendar number i'm sorry since the applicant can't share his screen i will

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email the board members uh floor plans and photos right now but you know what maybe what we can do

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this uh if the board agrees what what let's hear from the planning commission

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you're talking about um chelton yes which one 9 918 east chelton right okay

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All right. So this property is indicated for residential single-family use on a city plan.

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We believe the applicant has not sufficiently demonstrated unnecessary hardship regarding

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the requirements of the code. The application is not consistent with our adopted district plan,

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nor is it nor is there there any unique physical circumstances or conditions to the site

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restricting it from development compatible with the surrounding character of the block

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therefore we recommend the request for variance not be granted

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okay thank you ron uh is i'll try one more time if mr richardson if you're there would you please

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raise your hand. Can you hear me? Hello? Now we can. Now we can. Yes. I had to go out and come

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back in. Okay. I just wanted to clear up a little confusion. I checked. I saw that it was on the

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calendar for today, that this property was on the calendar. And I noticed that I had not received

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any correspondence from the RCO. So I contacted the chair of the Shoe Bellfield neighbors, and

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they actually did have a RCO meeting and they did do a letter. I think they just probably

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sent it to you, even though it was dated for August the 10th of 2020. It does say that

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they are in support of granting the variance. Three, six, ten, ten, four, one opposed and

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one non-opposition at that meeting. Total number of attendees was 13. In so much as that is the

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case, the Councilwoman is in support of granting the variance. Okay, thank you. Looks like flying

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blind here. We don't have anything to look at. Mr. Lam.

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I did just email you the floor plan, if that helps. I'm not sure where he went. He's gone,

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it looks like today's unusual sharon i don't have the plan i'm worried about losing everything if i

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try to get it is it already set up as a duplex could you could you tell from the plan um hold on

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Hold on.

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It appears to be, yes. It appears to be a legalization.

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I'm trying to find the photo, sorry. No problem.

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there are no units in the basement I can tell you that they are set up on this first second and third

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floor I don't know if the board got to see what Sharon sent over I have it on my phone it's a

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little hard to read any questions from the board no no no all right calendar number 38224

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918 east chelton avenue my vote is yes my vote is yes my vote is yes my vote is yes my vote is yes

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thank you calendar number mi2020-000-896 and the address is 300 rouse boulevard refusal and

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referral. The attorney, Robert Careless and Thomas Witt. Mr. Careless, you have been promoted to a

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panelist. You can share your screen and unmute yourself. Good afternoon, Mr. Chairman, Madam

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Vice Chair, members of the board, Robert Careless, C-A-R-E-L-E-S-S, Cozen O'Connor,

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1650 Market Street, Philadelphia. Thank you. Go ahead. I'm sorry. I'm sorry, Madam Vice Chair.

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Would you like to swear me? Yes. Do you swear or affirm to tell the truth and nothing but the truth?

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

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I will agree to waive the reading of the refusal. Since we are appealing the determination of the

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examiner i i will not stipulate to the authenticity or the accuracy of the uh refusal

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present your case

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uh thank you we're here in connection with an application made for the property of 300

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rouse boulevard in the navy yard otherwise known as navy yard parcel 7ss there is no physical change

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proposed in connection with our application today uh what we're proposing to do is subdivide the

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property to create two lots uh proposed parcel a would would encompass the existing building

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and the future building of the building's on construction right now which is 1b with some

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accessory parking in the parking lot as i'm indicating uh proposed parcel b would be the

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remainder parking lot here um we are proposing that that balance would be subdivided and conveyed

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back to paid. This application is mixed, but it's relatively straightforward in the CMX-3,

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a subdivided surface parking lot proposed for parcel B requires a special exception from the

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board. In addition, the examiner refused the application on four other grounds related to

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bicycle parking, ADA spaces, van accessible spaces, and minimal aisle widths. We've appealed

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those determinations and in the alternative requested a variance from your code. I have

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submitted an exhibit packet to the board that has the required documents, some additional documents.

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They are marked A1 through A10. We have met with our RCO, the Veterans Stadium Neighbor

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Civic Association. We have their support. We also have support from our councilman's office.

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I'll summarize our application and keep it brief. With respect to the special exception,

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Our request is fairly straightforward here.

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This property has long been intended to be developed with two commercial buildings and accessory parking, with some parking being shared between the two buildings.

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The proposed surface parking lot on parcel B here will exclusively serve the building on parcel A.

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We would respectfully assert that there is no detriment to the public here in granting the special exception.

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Again, there is no physical change here.

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We're simply asking to subdivide the property such that we can convey the balance of the parking lot back to paid.

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With respect to the refusals, first, with bicycle spaces,

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the examiner is asking that we have 29 bike spaces be located on Parcel B just by virtue of the subdivision.

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So we are showing bicycle spaces on parcel A, but more importantly, our position is that bike spaces aren't required because parcel B would be a private parking lot, not a public parking lot under your code.

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We are showing bicycle spaces on...

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There is no charge to motorists here, so under your code, this would not constitute a public parking lot.

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The code requires bike spaces for public parking lots. It's silent on private parking lots.

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and in addition to that the way you measure bike spaces under the code is by gross floor area

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there's no building proposed on parcel b so even if uh you know i'm using a gross floor

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calculation the net calculation for bike spaces would be zero um in the event that the board

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upholds the examiner's determination uh we're asking to not provide the 29 spaces on parcel b

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again we have parcel we have bike spaces on parcel a um there's no physical change here

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everything is the same with the exception of the subdivision and you know we would respectfully

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assert that the public would better serve by having those like spaces closer to the buildings

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and not locate somewhere else on parcel bay with respect to the ada spaces and the van accessible

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spaces we are we have appealed i'm just going to try to flip this around for you so you don't

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have to crane your necks here bear with me for one second i might have to zoom out here

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Okay, let me zoom in for you.

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Okay.

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just to orient the board to what you're looking at here

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this is the buildings this is parcel a with the with the accessory parking here this would be

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the balance of the parking lot that we're asking to propose that to subdivide what what the examiner

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is refusing is he's asking that we locate ada spaces and van accessible spaces on parcel b

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again by virtue of the subdivision um oddly enough the the subdivision is creating more

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van accessible and ada spaces than what's required for the buildings um but in any event what we

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were relying on with the examiner was section 148029 of your code which allows spaces to be

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located on adjacent parcel within a thousand feet under common ownership or under an agreement

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um we would respectfully assert that um the the we should be able to do that under 14802 but in

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that the board agrees with the examiner, the variance would be in further to the public health

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here and safety of people with disabilities. We would obviously respectfully assert that people

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with disabilities should be parking closer to the building and not elsewhere in parcel B further

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back away from the buildings. Lastly, with aisle widths, although it wasn't entirely clear from

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