civus
Hearing video

ZBA Hearing - June 10, 2026

Philadelphia Zoning Board of Adjustment (ZBA)Jun 10, 20266h 49m

we're clear on that hillary i thank you for your you know due diligence in examining applications

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and whatnot because it does help us um you know moving along because if we get approvals which

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don't include everything we want uh you know as an applicant you know i i get that uh um i believe

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Steve, I can address the parking. We do have a site plan.

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Yeah, this was a use application and therefore site plans were not involved in the application process.

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But I do have a site plan part of my application and ZBA exhibit packing,

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which I would add is a supplement to what my client submitted directly to the ZBA in advance of this hearing.

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so all right sean could you identify your client in the relationship to the property

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mr chair am i uh

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you know i'm seeing on the screen you know

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You know, I'm seeing on a screen, you know, a bunch of faces. I'm not, I am not, um, allowed to share.

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It's me. I'm speaking. No. Okay. Do you see the green button? You should be, you're already promoted to a panelist. So you should have the green button.

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all right i got it now okay things have changed since you're coming yeah things have changed since

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when you weren't looking we changed a lot of things here yeah yeah could you identify your

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client in relationship to the property yes uh i represent

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Nabeer Jabir is the owner-applicant and he is the owner of 751 East Wyoming Avenue.

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Okay. Our Vice Chair has just a few questions for you, sir.

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Very good.

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have you submitted your documents and exhibits five days in advance of this hearing

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for the record uh my client submitted the required documents in advance of the hearing

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i submitted uh via email and through the zba portal uh the supplemental exhibit packet which

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i have on the screen right now thank you for that and do you waive the reading of the refusals and

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stipulate to the accuracy oh most certainly okay all right thank you you can share your screen and

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proceed okay uh mr chair and members of the board uh i have a a 24 page exhibit packet not 174 pages

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and it's not going to be a commonwealth court uh uh brief that i'm submitting to the board today

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In my packet is A1, the notice of refusal, the application is for personal vehicle sales on a vacant lot.

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It resulted in two refusals.

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Personal vehicle sales are not permitted in the district.

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and the application, because it was a use application, did not require a site plan nor any other indication,

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but yet a refusal was issued for parking, nine spaces required, zero proposed.

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I would note that our plan proposes 11 parking spaces, which includes one handicap.

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Accordingly, we need use variances today.

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A2 is the Proof of Ownership, which is the deed in the name of my client.

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A3 is the Proof of Tax Clearance.

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A4 is the Site Plan, which I just mentioned.

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A5 are a deed map and an aerial photo.

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A6 are photographs of the property.

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Most importantly is A7, the RCO 42nd Ward, who met with my client and are well familiar with him.

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and his other businesses and properties in the area.

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I did not receive directly anything from Councilwoman Ketsy's office,

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but if it was submitted or if they are present, they can acknowledge,

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or if it is submitted, I would that be marked as A8.

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The only relevant zoning history that I could find is a vacant lot registration zoning permit filed in 2021.

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A-10 is the zoning map and A-11 is the aerial photograph.

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And very briefly, it's an auto sales lot proposed.

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Typical days and hours, Monday to Friday, 10 a.m. to 5 p.m.

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Saturday, 10 a.m. to 7 p.m. and closed on Sundays.

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So moving forward as briefly as possible.

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The refusal, again, two refusals.

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Required parking and use not permitted.

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Copy the deed. Tax compliance. Here is the site plan. Going from upper left down to the bottom right is Wyoming Avenue.

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There is a driveway coming up. Client proposes parking spaces totaling 11, including this handicapped parking space for the use as a auto sales line.

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This is the deed map from Atlas showing the subject property, another one showing the

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property with the aerial photo imposed on top.

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His posting of the notice of appeal.

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his posting of the Notice of Appeal.

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This is the view from Wyoming Avenue.

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As you can see, this property sits well above the street level.

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You can hardly see it from the road.

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He's done tremendous improvements to the frontage.

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You would think it was a golf course entrance, let alone an auto sales line.

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Again, the driveway going up.

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There is an existing roll-down door, a lot secured.

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Here's looking down.

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It's got the stop signs at the bottom before you get to Wyoming Avenue.

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This is a copy of 42nd Ward's letter of support.

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As you can see, nobody appeared at the meeting.

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It was the board and the RCO members voted 9-0 in support.

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They gave us a great letter in support addressed to Councilwoman Katsy Lozada, indicating that he owns other vehicle sales lots, and they expect that he's going to be a great neighbor moving forward.

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this is the zoning permit for the vacant lot

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it's also known as 736-38 Maple

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Avenue or Maple Lane I don't know why

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but it's the adjoining street

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again a Google aerial showing

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the lot with the driveway coming up

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that is the sum and substance of the application

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You know, unless there's any objections from the councilwoman, we know that the RCO has supported the application, and we would ask that the board grant the application.

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Why don't you bring your client on and have your testimony adopted?

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Yeah, Nader, are you out there?

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Click on raise your hand.

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Mr. Chair, I have him on text message. He was logged in, but as an officer of the court,

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I've reviewed this application with him, my exhibit packet in addition to that which he

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submitted directly. I would ask that as an officer of the court, you recognize

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that he adopts my representations as true and correct and as his own testimony.

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questions from the board yes the residential properties that sit behind uh the property

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are they in support of this uh michael they're directly attached from the at the back of the

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property all right wait let me wait i'm trying to get to a better

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bear with me right wait uh yeah right those two those two right there yeah in particular

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michael michael we have we have we have received no objection or you know any other comment uh from

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the folks behind us um and you know given the fact that this you know this property sits above

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Wyoming Avenue. Believe it or not, I did the

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property right next door here. We got approval

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for this addition. That's like an assisted living

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home that we got approved for this addition.

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But no, we have received no

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objections from anybody on the block

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or in the area, despite

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notification so also did but I think it's pretty nice that it sits back and

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has the sort of green buffer you know that separates the the site and the

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Wyoming but my question is how is what's what's the plan for for signage you know

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usually you know you know sales part car sales has the you know the ribbons and

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the balloons and all that stuff like what are you in signage which are you

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playing what it was the plan well it's a great question I imagine you know the

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the board above the roll-up door you know might display a sign you know Jaber

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auto sales or whatever you know he wants to go by but at this point there's no

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There's no application for signage.

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If signage needs additional relief, we would obviously back to you guys and gals.

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we would obviously back to you guys and gals to get your input and relief if required.

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Any other questions? Questions from our attorney, Hillary Emerson.

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Excuse me, Chair. There is another hand up under the name of Sean Ward. Would that be the client?

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no that's that's me i was probably on my cell phone like okay okay

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no like i walked i walked away from my computer and i i probably logged in on my phone so i didn't

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miss anything all right um i don't have any further questions or comments thank you questions

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or comments from the virtual audience there are no hands chair planning commission michael

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gall with the philadelphia city planning commission the comprehensive plan recommends

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no change to the existing rsa 5 residential single family attached zoning at this location

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the property in question is a large vacant lot that closely abuts neighboring residential

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properties creating a high potential for nuisance from the proposed use therefore the city planning

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commission recommends the board deny to request a variances for personal vehicle sales service use

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and required accessory parking mi 2026 00981 751 east wyoming 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

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ryan mcadams my vote is yes i win my vote is yes um sean glad seeing you

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uh mr chair uh i have a continuance on the 330 list but

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yeah we have i'm not i'm not sure if i can wait that long no no we're fine we're fine we're fine

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Okay. All right. Thank you. Okay. Um, have a great. All right, Alan, we're going to take a five minute break. Why don't you come up and get set up? We have two cases left and it's you. Right?

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okay so this is number uh 5 mi 2026 000 484 1254 north 19th street alan knockamson is the attorney

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mr knockamson you have been sworn today just for the record state your name

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alan knockamson and could you identify your client a relationship to the property

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Yes, my client is N-Vest 365 LLC, and to my left is Najee Good, one of its members.

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Our vice chair has a few questions for you.

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Good evening. Have you submitted your documents and exhibits five days in advance of this hearing?

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Yes, we have.

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And do you waive the refusal and stipulate to its accuracy?

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I do.

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Thank you, sir.

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You have a letter of support from Brewery Town, and you also have a letter from Council Member Young.

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Great. I just need to be promoted as a panelist, please.

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you're still not promoted from this one i i must have a little humor you weren't promoted before

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either right i was no that was last time was my fault but

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i

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all right so this is a story that you hear this board here sometimes you have a developer

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who got approval in front of the zba and they ran out of money and then someone had to take over

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the project that's what happened here my client took over this project and unfortunately in the

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city of philadelphia you only given so much time to build uh you know the the building and and then

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even if you have a building permit those permits expire and that's what ultimately happened here

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so we're just renewing essentially or extending uh you know these permits by way first of zoning

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and then we'll have to go through the building uh permit phase again uh so you'll see there are 11

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exhibits here uh and then at the conclusion my presentation nausea will you know have a couple

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questions uh to answer uh but everything you know that you're seeing today uh this board heard many

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many years ago. This is an RM1 property, and we're only asking for two units. So you're like, oh,

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it's an RM1 property, asking for two units. That's the least modification you can, that's the lowest

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amount of units you can get for multifamily, except our lot's 765 square feet, which base

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zoning would allow, but we're in an overlay, which requires 850 square feet for two units.

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And again, this board heard that's the same appeal many years ago.

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What the board didn't, the previous version of the board didn't hear is there's a now

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overlay regarding roof deck access structures.

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That was allowed many years ago.

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And it's, you know, the shell of everything has been completed, including the roof deck

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you know the shell of everything has been completed including the roof deck

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access structure.

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access structure again i don't need to tell you that the brewery town shardswood and strawberry

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again

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mansion communities have asked for this overlay and they don't take it lightly when someone asked

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for it and we don't typically propose to have roof deck access structures in these neighborhoods as

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new projects but under circumstances like this we you know we begged for forgiveness here or

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permission um and you know they they did grant it so that speaks volumes about like you know the

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fact that this is an extraordinary situation um it's already been framed out um and this community

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um in spite of their overlay overwhelmingly supported you know the roof deck access

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structure as well and that's in in the letter uh that's in front of the board and then i don't have

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letter from council member young but i assume similar you know support or non-opposition

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i did provide the sony permit uh you know that was uh issued in october of 2020

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as well as the uh notice of refusal which again you see is exactly the same thing in two family

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structure and the only difference is we don't have anything with the roof deck access structure

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it's not to be sure you you heard me say that we have a letter yeah that's what i'm saying oh no i

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i i don't have in my presentation materials no i heard that you said it i just don't know what he

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wrote in there um but the roof and then you can see it's not out of character to have nearby roof

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deck access structures and you know this is our property and then we took a inventory of the

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neighborhood as a whole again you know they're very protective for the fact that they don't want

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any new ones and i would say this is not a new one this was something that was pre-approved

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pre-overlay and then again we're an rm1 property not out of character to have multi-family nearby

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the only reason why we're here is within the overlay which requires a little bit more lot

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square footage and again this has already been framed out and then photographs of the property

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for the front of the property on north 19th street to the left i mean to you know on west thompson

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street there's a door for each unit proof of posting north 19th street to the right of their

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property to the left of the property west thompson street to the right of their property to left of

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the property excuse me our plans and drawings uh you know our elevations um you know our proposed

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building structure is only 28 feet 9 inches not very large or tall um there's two ways to get in

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here's the thompson street side that goes directly into unit number one you have uh you know again

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living room kitchen bedroom lower level um there is further living space in here and another bedroom

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i you know i know the board's position on this again this has already been built um for the

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most part, the shell, and has been approved by the ZBA previously. Unit number two is on the

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upper level, so you go through the front door that's on facing North 19th Street, and then this

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is the second floor with an open floor plan, living room, bathroom, and then you have three

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bedrooms on the third floor, and then there's the roof deck and the roof deck access structure.

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we met with the community and again brewery town shortsworth community is a a very sophisticated

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neighborhood and they're they are very strong in their beliefs so the fact that we got

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overwhelming support speaks volumes about the merits of this zony appeal we met with them on

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may 21st we emailed the notice a few weeks before the the community meeting showing proof of mailing

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to 97 addresses, proof of, these are the addresses we sent it to, proof of mailing to those

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addresses, our application for appeal that we filed on behalf of NVEST 365 LLC, the notice

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