civus
Hearing video

ZBA Hearing - December 1, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Dec 1, 20208h 28m

Here, these are the approved plans which show the building at 41 feet, which is approved.

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And as you can see from the photo I showed you, there's only two steps here.

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So the additional, the compounded error was that the framer just built the building on top, up too far.

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So if anyone has any questions with that, I'll keep moving.

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Did we lose Mr. Boland?

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Can anyone hear me?

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Yes.

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I can hear you.

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Yes.

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Yes.

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All right.

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You hear me.

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I think we lost Mr. Boland.

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Mr. Chairman I think I'm back I'm back Mr. Boland yes I don't know if anyone else was not able to

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hear you uh did the rest of the board hear Mr. Boland's testimony before I jumped in

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Yes.

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Yes.

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That was just me then.

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Okay, continue.

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I stopped talking when we had what the existing front elevations are.

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So just in sum, what we have here is we have a refusal with a height, which right now is 42 and a half feet.

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A building permit was issued at 41 feet to the current owner, which we believe we satisfy the legal requirements for vested rights.

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is it me can anyone hear me I lost we could hear you we can hear uh Mr. Bolin

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I lost him again

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we lost him

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Mr. Bowen

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anyone figure out

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what's going on here

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It appears as though he's here.

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I just don't know if something happened.

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I requested him to put his video on, and I'm just waiting.

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If you wish, Chair, we could cut this case and move it to later in the 2 o'clock listing

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and move on to another one as you wish.

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Let's do that. We'll go to the next case. MI 2020-001958-2653-61 Salmon Street.

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I would request that everyone put their hands down unless they're here for Salmon Street.

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And there goes Mr. Boland.

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and there goes mr boland let's go back to mr boland then mr chairman i'm just on my phone

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my computer i don't know what just happened i'm sorry for the sorry i think i i think we got the

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gist of what you can just summarize yes um so the real issue here is that my that with vested rights

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is that um a client was unaware that there was any issue with the height because the framing had

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been approved by L&I. It wasn't until he went to get his final CO. Everything's done that he became

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aware of this. So now in order to comply with the code, it would cost hundreds of thousands of

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dollars. The client acted in good faith. And I'll just move along, Mr. Chairman, because I know you

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have a long list. But we believe we meet the five elements for vested rights, and we also meet the

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five elements necessary to grant a variance. If Mr. Frank Conlin can please raise his hand.

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Conlin, are you out there?

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If not, we'll stipulate Mr. Bolin that you're as an officer of the court, your client would

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adopt your testimony? Yes, Mr. Chairman, he would adopt my statements. He would also explain that

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he is a licensed contractor. However, he has no experience with new construction as of this time

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so that he was completely ignorant of the zoning code because the only renovations he had ever

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dealt with were completely interior renovations questions from the board no no no anyone else

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would like to testify in this case if so please raise your hand sorry if i could um request that

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the only individuals with a hand up should be those regarding this case livingston street case

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patina you can continue

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we have a pete boyer

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you can good afternoon sir please identify yourself with the record name and address

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Pete Boyer, 2670 Livingston Street, Philly, PA, 19125.

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You swear to the firm to tell the truth, the whole truth, nothing but the truth.

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Yes, sir.

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Thank you.

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Please proceed.

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I believe you're setting a bad precedent by letting this go.

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By him being...

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How do you know what we...

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We haven't voted yet.

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Wow.

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We haven't voted yet, sir.

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That's why we're asking questions.

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Please proceed.

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okay pete you can unmute yourself and speak to this case

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mr boyer did you wish to continue testimony if not we will move on

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here you can move on anyone else to testify on 2657 livingston street we have a john beset

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Good afternoon, sir. Please identify yourself with the record. Name and address.

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Can you hear me? My name is John Bazette. I'm 2668 Allman Street, Philadelphia, PA.

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My property is...

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Excuse me, excuse me. Spell your last name, please.

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Bazette. B as in boy, I-S-S-E-T-T.

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You swearing for him to tell the truth, the whole truth, nothing but the truth?

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I do.

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Please proceed.

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hi um my i i'm on almond street but i have one of the uh the property runs street to street so my

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garage is uh three doors down from this property um most of the houses on the block they've at some

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point split the uh split the property in half and and you know build on the other side um i would

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like to someday do that with my garage and, you know, build the tallest house I'm able to because

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that's what you do. And my concern is that if this thing stays at a higher level than I'm ever able

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to build, it's a straight, it's directly in the line of sight of the city skyline. So it, you

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know, permanently would deprive me of having that view on my property. It's a different problem than

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everyone else in the neighborhood has because they're worried about setting a precedent but

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i would just ask that if this does get to stay at 42 feet that i would be allowed to do the same

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at 42 feet that I would be allowed to do the same when I go to build a house.

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when i go to build

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Well, we'll have to address that at that time.

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I might not even be here.

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I don't know who else on the board will be here.

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But this will not set a precedent.

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It's an unusual situation the way I see it.

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But again, we have on occasion this board approved heights of buildings

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that are taller than 42 feet.

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it's every case we hear every case and decide on every case individually

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so at some point in your life if you decide that you want to go up above

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the 38 foot which is a by right that's why we have a zoning board we'll make a decision then

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can i just ask how that would go i would get the i would if i were to get an approval that

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be before i would do any construction absolutely sure yes okay yes but i mean that's my only

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objection to it okay understood thank you all right anyone else

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we have dominic aspetay dominic you can meet yourself

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Dominic you're the expediter correct that's correct Mr. Chairman are you testifying in

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this case I am not Mr. Chairman I registered someone else to testify okay thank you thank

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you question I already asked questions from the board planning commission

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good afternoon board Peter Bernard for the planning commission

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This property is indicated for residential single-family use.

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Do not feel the proposal will have a negative impact on the surrounding community.

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Accordingly, we have no objection to the grantee of the variance.

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Thank you very much. MI 2020-001514. My vote is yes.

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My vote is yes.

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My vote is yes.

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My vote is yes.

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My vote is yes.

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Thank you. MI 2020-001958, 2653-61 Salmon Street.

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Good morning, or good afternoon, Mr. Chair, members of the board, Alan Nockamson, Nockamson, PC.

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you're still on the oath from earlier uh alan carroll please proceed yes yes you agree to

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waive the reading of the refusal and stipulate to its accuracy i do and have you emailed the

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exhibit packet with proof of ownership proof of tax compliance a copy of the refusal or referral

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photos and or plans of the property five days in advance of this hearing and have you met with the

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RCO and do you have a letter? I have and I do. Thank you. You may proceed. Okay. I'm going to

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share my screen. Okay. All right. So in front of you is a packet of materials which include eight

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exhibits. The first exhibit is the deed to the property, showing that Salmon Street Holdings

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LLC owns the property. Salmon Street Holdings is a holding company for Metropolitan Group.

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Metropolitan Group owns approximately 200 units in the Philadelphia region.

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They've been in existence for well over a decade.

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The company is owned and operated by Jordan Brody, who's been in the real estate development industry for well over a generation.

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His company also, he also owns a company called Metropolitan Property Management Group.

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His property management company manages, amongst other things, all of his properties.

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So all of his properties are self-managed and taken care of throughout its existence.

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After the deed, we have the tax clearance certificate or proof that there is no taxes owed as to the subject property.

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Oops. After that, we have the notice of refusal. So this is an ICMX property. Currently, and

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Currently, and you'll see from the pictures, it's a one-story property that goes street to street, from Salmon Street to Emory Street.

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you'll see from the pictures, it's a one-story property that goes street to street.

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The property itself, the lot size, is well over 5,000 square feet.

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By code, we're allowed to build over 60 feet high in the air.

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This is a predominantly two-story block, single-family in nature.

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although I would say that the zoning board did grant a variance at the end of last year at 2656

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Salmon Street where they allowed 16 dwelling units. So this portion of the block is a little

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bit different than the remaining portion of the block which tends to be residential in nature.

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Most of the block on Salmon Street go where the houses are the properties are cut off where half

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the half of the houses face Salmon Street and then the and you'll see it from the zoning map

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and the other half of those houses face Emory Street. So our proposal is to kind of do what is

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typical of what you would see on this block on Salmon Street. What we're proposing is to put

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eight dwelling units in this one-story structure by adding a second story to this structure

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where you'll see from the from the renderings essentially even though it says eight dwelling

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units multi-family they're really eight single family homes two story in nature matching the

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roof lines of the single family houses you're not the only exhibit we have in front of us is the

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notice of refusal yeah i'm going to go through that i just want to give a little bit of a

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generalization so the only reason why we're refused here is because this is an icmx property

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So requesting eight dwelling units in the ICMX property is not allowed under its zoning,

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as well as requirement of parking where if again under ICMX technically parking is required

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where we propose no parking. Again, not uncommon to what is in the neighborhood.

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After this is our application for appeal that we followed with zoning board of adjustment.

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along with the project information form and here's our zoning map again if you look at

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it this is where we are we're just short of the 95 overpass our property is this large

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property right here this is across the street where the zoning board granted a 16-unit apartment

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building as you can see the properties are cut in half where the some of these single-family

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structures face Salmon Street and some of these single-family structures face Emory.

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What we're proposing is in line with what is on the block.

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So you'll see from our pictures, this is the structure right now. Again, it's a one-story

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warehouse structure. It's an ICMX property. And this is the property from Emory Street.

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properties to left and properties to right on Salmon Street as well as to left and right

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on Emory and here's a copy of our notice zoning posters and then this this is what we propose

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so as you can see even though it states in the refusal that we're asking for this to be a

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multifamily structure of eight units it's how we designed it we try to keep the single family

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nature of the block in line by having each of the units four on Salmon Street and four

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on Emory to have its own entrance. Again, equally important, we're only adding, we're

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repurposing this one story structure by adding a second story and the roof lines would match

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what's the second story of the nearby properties.

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and this is what it looks like on Emory Street.

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I'm going to decrease the size a little bit.

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Each of the properties will have its own roof deck even with the roof deck and the pilot house.

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If you count at the top of the pilot house, it's only 30 feet high even with the top of the pilot

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house. So we really try to keep in scale with what's in the surrounding neighborhoods.

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And then this is the floor plans. No basement living for any of these units. Again if you

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just go as an example you know just you know any of these units it's an open floor plan,

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kitchen, living room, dining room. Each of each of the units after we talk to the community group

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Each of the units, after we talked to the community group, one of the contentions was

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that there was no place to store the garbage. We're not using any, there's no basement living,

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so what we did was we created a significantly sized trash closet in each of the properties.

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Again, because we're repurposing the first floor, the one-story structure, which goes,

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which has full lot coverage.

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So we don't have a benefit of an outside space.

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And then if you look at the units,

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after the open floor plan,

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you can go up a flight of steps

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and all the units except one or two bedroom, two baths.

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Now we did meet with the coordinating the RCO,

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old Richmond Civic Association they administered the meeting I would say

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that like again there were more people who are not in favor of this project

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that were in favor of this project I would point out particularly if you read

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the letter it says though ORCA has has taken the position of opposing this

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project in line with the community can you enlarge that letter oh yeah sure

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100 can you see it now Mr. Chair a little bit bigger please a little larger is that better

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my eyes yes all right good all right so

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So first thing is, we presented to the community.

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