civus
Hearing video

ZBA Hearing - July 19, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Jul 19, 20221h 41m

is 533.3 square feet for the lot size nearby the average unit you know for lot size is 519 square

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feet so per unit so we are actually providing more room in a lot of respects compared to what's

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surrounding us and there are 10 examples in close proximity to where we are

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maps of the area uh we're on 21st street between goffin and west susquehanna you can see that from

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a google maps perspective as well and then photographs of the property uh here it's nearby

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and then photographs of the property uh here it's nearby multi-family uh 2221 north 21st street

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multifamily.

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222151 north 21st street 2138 north 21st street we try to find properties in close proximity

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and then our plans and drawings again you know we tried to we worked with the community over the

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course of over a year uh as you can see one of their major requests was not to have a bay window

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they wanted something to match the character of that portion of the neighborhood so we made sure

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we had a nice cornice line that was ornate the windows matched in scope to like what you would

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expect from that part of town and then just our floor plans you know we have three units the first

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unit is on the first floor and ground floor the second unit is on the second floor and then the

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third unit is on the third floor. Each of the units have ventilated trash rooms, closets,

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and that was very important to neighbors that there was a responsible trash maintenance or

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removal plan. And then just our meeting notice, the last time we met with the community was June

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22nd, 2022 at 6 30 p.m. You know, there were requirements and even our envelopes of how they

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would go out but you know making sure that people didn't think it was junk mail we put important

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community meeting please zoom in and we circled it in red just to make sure that people would be

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part of this process and then 186 addresses were notified oops 186 addresses were notified

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of these community meetings and here are the list of the addresses

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and then proof of mailing

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and then our application for appeal again that and if you see the refusal stated march

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of 2021 again my client really in good faith worked tirelessly with the community to

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to to fulfill any and all needs that they you know reasonably requested

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and our deeds of property

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and then our certificate of tax balance.

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With that being said, I'm going to stop sharing my screen.

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I'm going to ask that Mr. Addis Eben

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virtually raise his hand

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so he can pass him in

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and to adopt my testimony.

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Mr. Addis Eben has been about to speak.

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Hi, could you state your name, please,

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and spell for the court reporter?

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hi uh hello everyone my name is gazi g-a-z-i the last name is r-a-7-a-t-a-s-e-v-a

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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 i do counsel yes uh mr r-a-7 you heard everything i stated today

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yes and is it true and correct yes adopted as your own testimony yes thank you questions from

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the board no mr chairman no mr chairman questions or comments from the virtual audience mr chair

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this is hillary um i just had a quick question for um mr nockamson so um on the proviso plans

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form it says you you remove the balconies and but the rco said they'd be okay with balconies at the

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rear of the property but there's no balconies now on the property at all that's right yes okay okay

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so okay so we don't need to provide over your balconies because there's no balconies at all

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okay that's right yeah that's why i revised my revised proviso plan i noticed there were no

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rear balconies i just want to make sure it was comprehensive okay thank you

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questions for comments from the virtual audience

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i see no no other hand uh planning commission please good morning um this is great wall

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in from planning commission staff in 2014 this property was remapped from rm1 residential

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with the family to rsa 5 single family residential in accord with recommendations

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from the comprehensive plan the applicant's hardship claim is not supported with evidence

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of unique physical circumstances or conditions of the property presently a vacant lot however

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given the substantial number of most nearby multi-family dwellings the city planning commission

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recommends that the board grant the variance with the condition that no more than two dwelling units

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be committed. MI 2021 001 278 2246 North 21st Street I vote yes with proviso revised plans

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one page stamped by zba on july 19 2022. harold canary my vote is yes proviso thomas holloman

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Harold Tanari, my vote is yes, with proviso.

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Thomas Hallowin, my vote is yes, with proviso.

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That's it.

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Thank you, counsel.

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You might want to stay there one minute.

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MI 2022, 000403, 3116 Clifford Street.

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Good morning again, Alan Ockamson.

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Letter of support, non-opposition from Strawberry Mansion CDC.

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Our vice chair has a few questions.

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Hi, Mr. Nockmson.

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Do you agree to leave the reading of the refusal to stipulate to its accuracy?

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I do.

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Have you emailed the exhibit packet with proof of ownership, tax compliance,

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copy of the refusal or referral, photos under plans of the property

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five days in advance of this hearing,

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and have you met with the urco and do you have a letter yes in all respects you may proceed and

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could you identify your client very quickly and and uh the relationship to the property

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yes the property is owned by clean slate developments llc and i have its member

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kevin matheson in the virtual audience thank you i will share my screen thank you

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All right, so this is 3116 Clifford Street.

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We're looking to put a two-family dwelling with off-street parking in the rear.

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During my presentation, we will go over the notice of refusal, the letter of support,

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non-opposition from the Strawberry Mansion Community Development Corporation.

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By the way, that was unanimously supported at a well-attended meeting.

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We are asking for a proviso plan form or a proviso to be added to this variance request if the board is inclined to grant it.

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And this is at the request of the community.

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Originally, there was an indication that my client was trying to put a roof deck and a roof deck access structure on top of the property,

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knowing full well that you know strawberry mansion fought very hard for that overlay to

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not to not allow for the roof deck and roof deck access structures you know i advise my client

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accordingly to remove that and ultimately that's how we received unanimous uh support for this

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project um the other proviso that we're requesting so that gets rid of one of the refusals the second

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refusal that we're getting rid of is the extension of the proposed balcony where four feet is allowed

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and five feet is proposed we are reducing it to four feet at the request of the community and

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you'll see that in our presentation uh and then as far as the other two refusals about the use

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because this is an rsa5 property uh the 3100 block has a long extensive history of properties

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under similarly situated circumstances

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having multifamily use.

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And in fact, this property in 1950

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was a duplex with off-street parking,

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exactly what we're asking for today.

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So in this property has that same type

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of multifamily history.

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The second refusal is the rear parking.

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Again, this block has an extensive history

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of other similarly situated properties

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having similar rear parking.

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and our property too. Again, in 1950, we had off-street parking on this property, as you'll

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see. The Lower North District Plan, Philadelphia 2035, has an indication to help support nearby

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commercial quarters by increasing density, which you'll see. We help in these circumstances.

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Maps of the area, photographs of the property, our plants and drawings, our RCO meeting notice,

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our application for appeal our detailed property and our certificate of tax clearance again in the

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virtual audience is kevin mackerson the member of the corporate entity that owns the property

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and in addition in the virtual audience is christopher johnson of 24 7 design the architect

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on the project if the board has any questions from a technical standpoint our notice refusal

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again we're an rsa 5 property as i indicated we're looking to do a duplex with off-street

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parking in the rear. We had four refusals by way of our provisos. We rid ourselves of two of the

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four refusals. The other two have to deal with the multifamily living aspect in RSA 5. This property

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has a history of multifamily use, as you'll see, and there are similarly situated properties close

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by have the same type of use. Second refusal has to deal with off-street parking at the rear.

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Again, this property has a history of similar type of use in 1950, and there are other properties

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in close proximity that have the same type of use. And then our letter of support.

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that have the same type of use and then our uh letter of support from the uh strawberry mansion

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cdc um 13 people attended this well attended meeting all voted in support or here non-opposition

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uh to this map in our proviso plan uh form that we completed we're getting rid of uh two of the

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refusals by ridding ourselves of the roof deck and the roof deck access structure as well as

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decreasing the depth of the second floor balcony from five feet to four feet then behind it is the

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actual site plan as well that's confirmed safe and then multi-family properties or similarly

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situated properties on the 3100 block so the properties that are in red are nearby

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multi-family structures we have 21 examples a mix between ones that have multi-family structures and

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one that has have off-street parking uh it looks like seven 16 instances of multi-family

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structures on that block and then four instances of um ones that have off-street parking and then

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just the numbers of like you know how many units are on in each of those properties what the lot

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size is what the square footage is per unit again apples apples you know what we're offering um

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as by way the zoning variance request is quite reasonable under circumstances

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then rear parking you know for 3124 clifford 3138 and 3142 clifford 315 clifford exactly what we're

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offering as well again there's no parking allowed on clifford so we're not taking a public parking

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spot off of the street we're just taking a car off of the street for all intents purposes here

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here from atlas is the zoning uh permit in 1950 showing that this property was used as a two

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family with a one-car garage and then actually they increased the usage to three families so

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we're not even providing the amount of units that was previously supported by this building structure

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that was on the property previously. Lower North District Plan 2014 prioritizes commercial

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and residential development that's adjacent to a commercial corridor that can assist in

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restoring street life and customers, as well as raising perceptions of safety. This is something

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that we're doing by way of this vacant lot. You know, maps of the area, we're between 31st and

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32nd and between clifford and hollingsworth our parking is at the rear in hollings on hollingsworth

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maps of the area as you can see here is our two commercial corridors one on ccp moore

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one on the landlords photographs of the property this is a vacant lot as you also can see this is

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like a porch neighborhood and that's something that we try to emulate by way of of this project

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this is the property from west hollingsworth street this property has been vacant as far

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back as 2007 that's as far back as google earth goes clipper street to the right of the property

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clipper street to the left of the property hollingsworth street to the right of the property

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hollingsworth street to the left of the property and again um kevin mackerson and his team um do

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you know do a lot of work in the strawberry mansion area and here are some examples of

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their work product from an interior standpoint.

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And then our plans and drawings.

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Again, what we try to do was emulate the scope

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and look of the property.

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So we're not trying to do anything too large.

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We have three stories, porch neighborhoods.

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That's what we're trying to emulate with brick facade

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and a nice cornice line kind of image.

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And that's from the rear.

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And then that's the balcony that we're shoring up

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to four feet by web code.

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and this is like our curb cut right here with the one parking spot and then this these are updated

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site plan and then there's our floor plans and again they're both each units by level

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for unit one first floor lower level unit number two second and third floors

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we met with the community on june 23rd can you go back and show the lower level again yeah

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so we're looking to do some flex space here uh so we this is a one bedroom uh on the first floor

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and then we have flex space below our anticipation is that people will use the lower level as a

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secondary living space as well as as an office as well uh because you know with people working

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more and more uh at home during the pandemic they need that extra space excuse me counselor

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excuse me counselor is this new construction it is completely new construction it's a

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It's just new construction. It is completely new construction

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vacant lot what what percentage of the building is out of the ground um i would defer to mr

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johnson uh who is online to answer that question so mr johnson can you virtually raise your hand

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the more we're doing that i could probably get to a cyclone with the elevation

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mr johnson

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uh it's hard to see but i think it's like three feet

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uh seven and one quarter inches out of the ground from the lower level so it looks like i'm sorry

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this is tanya i'm sorry would you have mr johnson available to speak as you wish hi hi mr johnson

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could you state your name and spell for the court reporter uh christopher johnson chris t-o-p-h-e-r

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johnson j-o-n-s-o-n right do you swear or affirm to tell the truth the whole truth is nothing but

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the truth yes sir proceed mr knockamson yeah mr johnson you heard mr holliman asked the question

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of how many feet um is the building structure out of the ground going on the basement from

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the basement level three feet seven inches is that according to uh ibc yes and also too we're

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matching the adjacent properties uh fourth level yeah but i think ipc is 50 percent has to be out

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the ground that is correct but you don't have that no we're matching the neighboring property

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it's not the code

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we can change it we were just trying to keep in respect with the neighborhood

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but you have to match code also the basement ceiling height is is met is the code as well though

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but it's not put to be sent out of the ground which is ibc

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we can change that yeah we can change again mr johnson there's the ability to

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obviously we can't get a building permit unless we're in compliance with with such code provisions

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right correct thank you

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yeah obviously is to be able to get approvals but not only just approvals from the zoning

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perspective but also from a building perspective so if there's any deviations that are needed

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in that respect obviously we're going to need to do that to fulfill our code requirements

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uh our meeting notice we met i actually i think i started going through that uh june 23rd we uh

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sent a notice of that to 109 uh properties these are listed of properties again it was a well

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attended event uh community uh here's proof of mailing to those properties in our application

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appeal that clean slate developments llc files along with our notice of refusal our project

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information form our deed to the property showing that clean slate developments llc is the owner of

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