civus
Hearing video

ZBA Hearing - March 20, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Mar 20, 20246h 34m

view under the property faces the l um except the line which is above in this photo and that white

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apartment building is towards the middle this is along front street our properties are where my

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mouse is indicating as you can see there is a rather tall building here

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these are some nearby properties along coral that are also appear to be at maximum height

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uh properties along coral um that are also appear to be at maximum height again we are

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anticipating a 44 foot high building onto the use variance the property is in a very unique and

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culturally significant neighborhood an applicant as a local and who lives and operates a business

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in the area believes that this hotel use could really benefit the property and the area and

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the residents nearby. It would allow visitors to explore the city and it would be a great place for

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creatives and traveling artists to stay as well as families of nearby residents. Applicant intends

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to put in the following measures in order to decrease any disturbances to nearby residents

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which have been discussed with the RCOs and the nearby neighbors.

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I am also going to show you our letter from the RCO, sorry, which I have at a 10.

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so applicant intends to manage the property and it will not be outsourced mike and his

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team will be fully involved in not only the construction of this property but also in the

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management and operation of the hotel space and the commercial space he's he is committed to

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having one full-time employee for the hotel use that is available all the time for any issues

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that may arise. He does not have any tenants in place yet, but has every intention to not only

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work with the community, put in a useful use in one of these commercial spaces, but also to have

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that commercial space be cohesive with the hotel space in order to not only keep eyes on the

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property but to also you know service the guests that are staying there we are happy to work with

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the and we're committed to working with the rcos in order to provide a commercial space that is

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appropriate for this area applicant is also suggesting or is intending to have set check-in

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times as well for parking to there's street parking in this area but also they have been

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working with nearby parking lots and parking garages to create a voucher system for guests

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as well as any septic keys is an option as well. Applicant will require guests to abide

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by noise restrictions to prevent any unruly guests and will prevent one guest from booking

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all of the rooms to prevent any partying concerns as well as a two-night minimum on the weekends.

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So, in conclusion, I will go through what was the vote show is the vote of the RCO was 29 to 2 of the.

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Okay, thank you.

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I will just quickly go through our tax equipped here clearance certificate deed.

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deed, our application, and as I showed earlier, our posting, as well as our notice and certificates of service. I would, again, this, like I mentioned before, this is a really unique property.

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The applicant is a local who saw a hole in the market and wants to fill it, and as you can see and as you mentioned, we've received overwhelming community support.

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I would now ask Mike Lastowski, sorry for butchering your name, to please raise your hand.

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Mike Lastowski has been allowed to speak.

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Sir, could you please state your name and spell for the court stenographer?

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Sure. Hello. It's Michael Lastowski. That's M-I-C-H-A-E-L-L-A-S-T-O-W-S-K-I.

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

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i do please proceed mike are you the manager of front and coral llc the applicant in this matter

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and owner of the property yes i am and were you present for the testimony that i just presented

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to the board yes i was were would you adopt that testimony as your own yes i would i would also

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like to have matt master pasqua to please raise his hand he is our architect in this matter

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i i think your testimonies spelled it out very well all right well i'll ask the board for any

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questions all right questions from the board no mr chairman no chair no chair questions or

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Questions or comments from our attorney, Hillary Emerson?

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comments from our attorney hillary emerson i just wanted to

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I just want to clarify a couple of things.

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Ms. Miller, you mentioned that there was commercial space on the first floor.

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Is that existing commercial space or is that newly proposed commercial space?

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Because it's not listed on the refusal, although I see some references on your application to it.

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So I'm just trying to understand what all is being proposed.

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So something may have been missed on the refusal.

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My understanding is that the property is currently vacant and the commercial mixed use district allows for commercial space on the first floor.

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Okay.

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It should be, but there's vacant.

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So the proposal is for vacant commercial space on the first floor.

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I mean, there's no, there isn't a business isn't there right now.

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It's going to be maintained as commercial space.

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correct okay so that should have that should have been noted on the refusal

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so we'll just i think mr chair we can um indicate just a proviso that um use registration is

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required prior to occupancy for vacant commercial space on the first floor

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okay and and you depending what the use is it may be by right but you do have to get a permit

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for the specific use understood so all right thank you thank you questions or comments from the

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virtual audience there are no hands chair planning commission thank you chair bergman and good

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afternoon david effecto with the city planning commission chairman and board members the

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comprehensive plan recommends no change to the commercial mixed use zoning at this location

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the proposed variance for a non-conforming structure appears to be a variance peculiar

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to the site itself and not self-created so the city planning commission recommends the board

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grant the dimensional variance however there is no unique physical condition or circumstance of

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this property that would prevent it from being used for long-term rentals so the city planning

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commission recommends the board deny the proposed use variance for visitor accommodations

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Thank you.

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So MI 2024-000239-2105-07 North Front Street, I vote yes for the zoning refusal, the vertical extension, and for the used refusal, the visitor accommodation, I vote yes for a temporary variance that will expire 3-21-27.

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And, Hillary, what's the other thing you want me to add?

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So, excuse me.

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So, use registration required prior to occupancy for vacant commercial space on the ground floor.

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Use registration is required for occupancy for commercial vacant space on the ground level.

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Thomas Holliman, my vote is yes with provisos.

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James Snell, my vote is yes, with Proviso.

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Ishmael Shahid, my vote is yes, with Proviso.

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Thank you.

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Thank you, counsel.

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Number five, MI 2023-005-966-6174, Ridge, number T-A100825.

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Richard DeMarco is the attorney.

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There is a letter of support.

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From Central Roxburgh Civic Association, a letter of support from the Roxburgh Development Corporation, a letter of support from Councilmember Jones.

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Richard DeMarco has been promoted.

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Good afternoon, Mr. Chairman.

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DeMarco, did I swear you in earlier this morning? Do I remember that?

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No, that was yesterday.

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Oh, I'm sorry.

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Yeah, I was on yesterday. It's all right.

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Could you state your name and spell for the court stenographer, please?

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Sure.

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Richard DeMarco, last name spelled D-E-M-A-R-C-O.

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Right.

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

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Yes.

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Do you identify your client and relationship to this property?

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Yeah, there are three clients.

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The property is being consolidated after, hopefully, we get approval from this board today.

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The three clients are Carolina Topolesky, 6172 Ridge Holdings, LLC, and 471 Leverington, LLC.

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They are the owners on the deeds that have been submitted with the packet.

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Our vice chair has just a few questions, sir.

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Yeah.

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Good afternoon, counsel.

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

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Yes, I agree.

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Have you emailed in all of the required documents and exhibits that is needed to proceed with this case

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five days in advance of this hearing yes i did thank you please proceed and share this main

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Thank you. Please proceed and share your screen, Council.

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council thank you mr chairman so this uh

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Thank you, Mr. Chairman. So this is quite a unique scenario, Mr. Chairman. This is a scenario where the – can you hear me okay, Mr. Chairman?

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I think I froze. I'm sorry. Can you hear me okay, Mr. Chairman?

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Mr. Chair, you're muted.

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Yes, sir, I can. Yes, I can.

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Okay, sorry. I think I froze for a minute. Anyway.

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We're good.

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All right, great, great. So this is a unique scenario where there was an as-of-right permit that was pulled for this project in the early part of 2023.

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The as-of-right project, as you're going to see from my slide presentation, is seriously nowhere near as efficient and beneficial to the neighborhood as the current project that's before you today.

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This has been a collaborative process with the two RCOs in the area who my clients worked for almost a full calendar year with them on improving the project over the eyes of right permit into a project that was really embraced by the groups.

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And I credit both neighborhood groups with their efforts in working with us, with my clients, to produce really a much heads and shoulders, much better project that's before you today.

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So while the variances that we're looking for might seem significant, when you consider that the as-of-right project was what it was, you can see where the variances are warranted.

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so very briefly uh we're asking for parking variance and that is really the reason why

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we're before you um the initial permit that was given only had 26 dedicated parking spaces for

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um nine nine excuse me 82 units the current project has 71 parking spaces for 94 units

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It also has an underground garage, which is actually a variance item on the refusal.

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As you can see, I'll show it with my cursor.

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You see it here, excuse me, here, the third one, the middle one there.

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The original overlay, and these are, by the way, mostly overlay provisions that we've

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run afoul of, Mr. Chairman, members of the board.

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The overlay is pretty stringent there.

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And what happened was through the collaborative process, we came up with what we think is a much better project.

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But anyway, actually, the overlay only permits surface parking, and that caused an issue because the applicant could not fit significant parking into the as-of-right project.

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So we are here now for the variances for to have the underground garage and to have, which I think everybody agrees is more desirable because it buries the parking, which can be ugly.

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so that we're here for actually for a variance, but we're suggesting to the board that that is

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actually beneficial to the community in this instance. And then there's some dimensional

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variances. The use is a permitted use. It's a mixed-use structure, commercial along the entirety

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of the first floor facing Ridge Avenue. I'll show you some renderings, which will demonstrate that

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aptly, and a residential above. So let's go right to some of the drawings. This is our petition of

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appeal which i in which i made the argument that i just made let me just briefly show here's the

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photos the posting which was done timely um it's a long ridge avenue you can see there's some empty

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storefronts um here dollar store which is obviously being replaced and there's a restaurant that's

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being replaced okay so let me show you oh and here are some panoramic shots of the streetscape

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All right, so here's the as-of-write permit, which was dated February of 2023.

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In between that date and the current date, there were additional changes made to the

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overlay, which are another reason why we're here for variances.

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But as you'll see, the community really embraced this process, and the applicant really worked

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with the neighbors to really improve it.

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And that's why we have such, I would like to suggest, overwhelming support.

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and that's the as of right permit which was only 26 you see it here only 26 accessory parking spaces

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for 82 dwelling units which we would submit is probably not even though that was compliant with

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the code at the time probably not enough parking so that's why we now have the 71 spaces and the

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for the 96 units this is the original as of right project you see there's a surface parking lot in

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middle that faces out towards leverington which was not ideal as you'll see as we go forward

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uh you'll see how that was improved upon all right so what am i

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uh you'll see how that was improved upon all right so what I'm going to do is I'll switch to

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uh this is a site contextual uh over over over uh overhead drawing you can see there's Ridge

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Avenue a very busy commercial corridor but there are some residential homes um so we were trying

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to be sympathetic and I'll get to that in a moment this is the current zoning panel let me do this

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I'm going to switch to our CDR.

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So this project went through a civic design review process.

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The applicant had already worked with the neighbors, the Central Roxborough Civic Association and the development, Roxborough Development Corporation.

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This is a pocket park, which the neighbors are very protective of.

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What we did with the changes to this project is make the new structure, as opposed to the as-of-right project, which would have destroyed the mural.

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There was a mural that was very beloved by the neighbors that was going to be replaced with the old project.

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The new project is going to replace it with three new murals under the supervision of the Mural Arts Program.

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And that's what you could see on this image.

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um we also were more sympathetic to the pocket park that's the survey let me get right to some

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uh i want to show you the one so here so you can see here we created an opening here

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that and these will hopefully be restaurants along that's the intentions to have restaurants

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here again the mural arts program is going to be operated through the neighbors and the mural

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arts program to have the new murals. And this is the pocket park with an open courtyard from our

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building leading into the pocket park. And that was a key element that was really embraced by

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the neighborhood groups. And they asked for that, and we did that. Here's a better view of that.

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So you can see how the new project is much more sympathetic, whereas the old project was just

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really a blank, a straight wall, which was not sympathetic to the pocket park.

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These are some of the, so this is another view. This is the opening courtyard that allows light

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and air into the building. Much better than having a surface parking lot there. We obviously know we

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buried the parking lot and this is now an open courtyard and green roof instead of a slab of

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concrete. That's the Leverington side. This is the opening here into the underground garage. You can

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see it right there. And this is the site plan showing that courtyard here. And then this is

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the building. But it's really more open than that site plan shows because you have really the open

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courtyard here. I just want to show the board some of the comments from the CDR. I guess Mr.

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perfecto, we'll talk to you more about that. But we were very thrilled to have the Civic Design

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Committee members applaud the efforts of the developer to work with the neighbors to really

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improve over what was an as-of-right project, which really was not sympathetic. It had some

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elements that were beneficial, but overall, it was not really the best way to go about this

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development and as you'll see from their testimony they're going to testify today um and hopefully

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you'll see that the the there's been a really a collaborative effort with the neighbors which

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resulted in a much better project um so i think that's all i have as far as the documents let me

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go ahead and have eric marshall um be uh promoted to a panelist to uh adapt my testimony and answer

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a couple of quick questions. Excuse me. Eric Marshall, please raise your hand virtually.

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His hand is up, and I will allow him to speak. Thank you. Mr. Marshall, could you please state

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your name and spell for the stenographer? Hi, Eric Marshall, D-R-I-C-M-A-R-S-H-A-L-L.

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

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I do. Please proceed, Mr. DeMarco. Thank you. First of all, I did want, I left one thing out,

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So the height variance that we're requesting was necessary because you'll note, and especially in this image, the first floor has a much higher ceiling.

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This was intended and something that was done in collaboration with the neighbors to have higher ceilings on the first floor to make the retail spaces more desirable.

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And that drove the height of the building up significantly.

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