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Hearing video

ZBA Hearing - September 18, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Sep 18, 20245h 49m

The stairs almost line up exactly.

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The idea is to have limestone around the first five feet.

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The rest will be brick facing on 27th Street.

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Then when you get on Oakford Street, this is the entrance to the unit on the first floor and lower level.

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And again, a lot of brick, which Grace Ferry likes, red brick, complementing the rest of the block.

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We don't have any issues with height, open space, or rear yard, and there will be a rooftop deck.

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So, in effect, you have open space for unit one, the rear yard, and open space for unit two, which is upstairs.

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We will plant a tree in the front if approved by streets as well as trees on Oakford Street.

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I'll move on to the floor plans.

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So on the lower level, you'd have two bedrooms, two baths.

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You would enter that unit by, as I said, coming through the side door to Oakford Street,

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the kitchen, bedroom, and the front, and living.

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And then you would go around the kitchen downstairs to the lower living area.

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To access the second floor, you would come in through the front door, which is on 27th Street, go upstairs.

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Immediately, the kitchen is there, your living area in the back, bedroom in the front.

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And then you would negotiate the steps up to the third floor.

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And you have a bedroom in the front, bedroom in the rear.

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And there's even enough room for an office and then.

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And then the access to the rooftop deck is through a stairwell on the third floor.

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So this is the zoning map.

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So this purple area is the subject property.

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is the subject property so cmx2 you can see surrounded by rm1 right across the street cmx2

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So CMX2, you can see surrounded by RM1.

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that's where the store is this property is residential it's cmx2 those three properties

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that i showed you one of which was approved in 2020 they're all cmx2 but again they're residential

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across the street cmx2 residential the corner residential and residential so i think back in

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the day, the idea was, you know, you would have corner stores at the intersections of the corners

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for lunch meat, rolls, bread, whatever. But now the commercial districts have moved out of the

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neighborhood and are really on Washington Avenue and Grace Ferry, as I mentioned. This is the deed

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to the property. Again, this is a court appointed conservator through Act 135, and then it was sold

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to my client. And there are docket numbers with the Philadelphia Court of Common Pleas bearing

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this out. The remaining documents, these are my letters notifying the surrounding neighbors,

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sent out 219 pieces of mail. All the addresses, 27th Street, Manton Street, Latona Street.

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And then these are the zoning records, Mr. Chairman and members of the board.

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I pointed, I had an aerial photograph where I pointed out a number of properties were

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two-family dwellings. This is reflective of the dots on that aerial map that I showed everyone,

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and I can walk through this if the chairman wants me to or the board wants me to.

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12-32, two-family. This is 12-20, two-family. Right here, two-family. This is the one I had

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appeared before the board in December of 2020 with the same architect and same floor plan.

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Uh, this is 1226, two family, a little hard to see, but basically over here, these are

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condominiums, two condominiums.

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I can blow it up for proof, uh, condominium, two units.

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This is 1230 South 27th street.

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And this is 1254.

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That was one toward the end of the block.

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Again, this is condominium, uh, two units.

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um this is excuse here's another one 1256 two-family household living that's on a corner

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and then this is the demolition permit for the subject property 1231 indicating that in 2022

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the city of philadelphia demolished this dilapidated building

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So, in conclusion, looking for the board to look kindly upon this application in that it was a former residential property.

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I don't have any photographs.

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I don't have any public records to show you that.

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But my client can testify that he lives nearby the property, has walked by the property and driven by the property for at least six years.

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And it was a residential property.

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and I think it was recognized by some of the members of the community group when they were

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on the call. But again, the errors of the prior owners could not be found, and I can't find any

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photographs to actually prove that. But we know it was not a store or a commercial nature of any type.

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The property is basically going to be in harmony with the rest of the block,

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which is heavily residential, many two-family dwellings. We are not impacting anyone's light

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air, we're not impacting the development of any adjacent properties, and we're in conformance

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and in harmony with the code and with the community groups.

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So with that-

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What was the vote of the RCO?

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It was unanimous.

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Only six people showed six to zero.

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Thank you.

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So if Mark Clinton could unmute himself, I'll ask him without my testimony, Mr. Chairman.

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mark clinton is allowed to speak or could you please state your name and spell for the stenographer

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yes my name is mark clinton m-a-r-k c-l-i-n-p-o-n where or from to tell the truth

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the whole truth, nothing but the truth. I do. Please proceed, counsel. Mark, you heard my

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testimony about your project, correct? Yes. And one of the things I said was that this property

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used to be residential. Can you verify that? Yes. And how do you know that? Do you live nearby?

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Yes. I live about six blocks away. And have you passed by this property over the last

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the six seven years yes and can you just describe the condition that was in and

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Yes. And can you just describe the condition that was in and what what the use appear to be?

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Yes, the use appeared to be residential. The condition was, you know, it was vacant and dilapidated there.

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The property was receiving violations for that going back to 2016.

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And then you acquired this property through the conservatorship Act 135?

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Yes, I purchased it from the conservator.

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Okay. And if you had the opportunity to testify, would you adopt my testimony as your own and as true and correct?

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Yes.

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Thank you. Nothing further.

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Questions from the board.

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Yeah, I have two questions.

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My first question is, for trash storage, is it intended to be under the stairs like the unit adjacent to it, or do you have a different location for trash storage?

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Yeah, we have a different location.

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It's going to be in the rear yard.

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We're not going to put it under the steps.

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Thank you.

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Okay.

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And the other question I have is, would the owner be amenable to be moving that basement-level bedroom?

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Okay.

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Well, there are egress wells there for egress front and rear per code, and it would make

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it, you know, you would still have living space down there.

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So we would like to keep that hopefully.

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Well, I would ask for no basement living.

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I just understood that being no bedrooms in the basement to net up.

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Yes.

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Um, all the questions from the board.

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Questions or comments from our attorney, Hillary Emerson.

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Not at this time, Mr. Chair.

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Questions or comments from the virtual audience?

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There are no hands, Chair.

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Questions or comments?

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I'm sorry, Planning Commission.

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This is Ron Bednar, City Planning.

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The property is currently indicated for commercial mixed use on the city plan.

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I recommended zoning change to CMX1, which permits residential use on the first floor, was sort of in the plan.

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We recommend that the request of variance be granted.

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MI 2024, 002514, 1231 South 27th Street.

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I vote yes with proviso.

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No bedrooms in basement.

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Mr. Chairman, can I make a comment?

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Sure.

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So I always be...

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Senator Graham, my vote is yes with proviso.

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He wants to say something first.

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Go ahead, Henry.

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I didn't know you were going to start voting. So in my presentation, I did show the board.

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And again, past history, obviously, there's no indication of where the board should go

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in future instances. But I was before the board in December of 2020 with the exact same floor plan,

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the exact same architect, and the exact same layout, Joe Serritor. And there were bedrooms

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in the basement with egress wells front and rear and we did obtain full approval at that time

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again i understand a new board new situation but just wanted to bring that to everyone's attention

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henry i appreciate that and i'll start to vote again mi2024 002 514 1231 south 27th street i

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I vote yes. Proviso, no bedrooms in basement.

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Cheryl Gaston, same. My vote is yes with Proviso.

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Senator Graham, my vote is yes with Proviso.

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Iowyn, my vote is yes with Proviso.

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Mr. Clinton, could you please stay on?

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Sure.

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So MI 2024-002-518-520-North Preston Street.

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letter of support from West Pounton's Saunders Park RCO

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based on revised plans, 15 in support, 6 opposed.

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Applicant also provided a petition of support

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signed by 14 neighbors, 4 from the block.

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um mr clinton could you just state your name for the record sure you've already been sworn

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Mr. Clinton, could you...

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and could you identify but talk about that could you identify your client relationship to the

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property sure my client is roberto zaccarini z-u-c-c-a-r-i-n-i and he is a sole member of

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the LLC. You stipulate to the reading of the refusal and agree with the accuracy. I don't.

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Why don't you share your screen and start your presentation?

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Thank you, Mr. Chairman, members of the board. Henry Clinton, on behalf of Zuccarini LLC,

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Roberto Zuccarini is in the audience. And is that visible, Mr. Chairman?

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It is. This is 520 North Preston Street. This is my

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presentation table of contents A1 through A10, as well as zoning records of other properties

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on the block. This is a request for a three-family dwelling in a block that's zoned RSA 5,

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but as I will show you, there are multiple three and four family dwellings on the block. In fact,

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the four-family dwelling adjacent, and we have overwhelming support from West Palatin, Saunders

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Park, RCO, and from the near neighbors. Here's the refusal. As I said, it's RSA 5. The request

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originally was for four units because the home next door has four units. These are rather large

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lots. And that's why I think you see so many multifamily, over 90% of the structures on this

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block are multifamily. We met with the community. They did not like the number of bedrooms nor the

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number of units. So we shrunk the project from four units to three and we shrunk the bedrooms

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from 12 to eight. We came up with the trash plan. We have trash storage in the rear and we have

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trash disposals in each of the apartments. And we also have storage in the basement and the

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first floor unit is going to be a handicap accessible unit. We do have an RCO letter of

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support. I don't know if the tabulation was incorrect, but the letter indicates 21 people

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present, 21 people agreed to support the project. But I believe Ms. Andrews may be on the call

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and she'd be able to explain that. And this is the history that she goes through,

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that we did have two meetings. We came back a second time. And while the community was in full

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support of a multifamily. They just didn't want four units and the number of bedrooms that were

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originally proposed. These are the signatures. And as chairman pointed out, there are four

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from the block and one adjacent neighbor at 522, Preston. Photographs of Preston Street,

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one side, because the other side really doesn't have any homes facing this direction.

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So this is the layout of the land on this particular side of the street.

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Three dwellings, three dwellings, three dwellings.

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526 is two adjacent to our property.

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And 522 is four.

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Then there's three, three, and three.

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So as I say, these are very deep lots.

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The homes go back very far.

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There are two single family homes on the block, but the remainder are multifamily.

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And I think there was a recognition by the individuals at the meeting that they are in need of and support multifamily to bring more affordability to the neighborhood.

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But again, if Ms. Andrews is on the call, she can speak to that.

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This is an existing property, two-story.

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It was a single-family property at one point, but it's in need of total demolition and rebuilding.

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What's unique about the property is we have a side alley that we're going to be able to maintain.

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And in the rear of the alley, as I'll show you on the site plan, there are going to be trash enclosures, one for each unit.

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More photographs.

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And in the front, we were asked to obviously tidy up the garden.

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These are older photographs.

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have some plannings here

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and if permissible

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have a street tree

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in front of the house also.

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So

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this is the site plan.

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I'll start on the right hand side.

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This is a three story property

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three-story property, all brick on the front. We do intend to install a handicap ramp for access

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all brick on the front.

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we do

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intenuance

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to the first floor apartment, which will be two bedrooms. Second floor will be three bedrooms.

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Third floor will be three bedrooms. But this is an accessible bathroom on the first floor

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with an additional bedroom. This is the side alley that I showed you in the front elevation,

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leading down along the side of the house into the rear, where there'll be three trash bins

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in an enclosure, and then each bin will have its own self-closing top.

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I'll work right to left.

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