civus
Hearing video

ZBA Hearing - October 19, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Oct 19, 20224h 18m

Questions from the board? No, Mr. Chairman.

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no mr chair okay questions or comments from the virtual audience

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i have a miss monica waits with her hand raised i have allowed her to speak at this time

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hi could you state your name please and spell for the court reporter

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Yes, my name is Monica Waits, M-O-N-I-C-A, last name W-A-I-T-S, and I am the owner of

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the property at 3927 Fairmount.

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Do you swear a firm to tell the truth, the whole truth, and nothing but the truth?

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Yes.

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Proceed with your testimony, and thank you for calling.

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wanted to give support to this to this variance for the properties next to me and that I think

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it would blend in with the neighborhood in with with having a mix of homeownership renters and

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with them having a two unit versus some are three and some are one so I think that would be

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helpful for the zoning and the mix of making this block a varied block and not homogenous

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Thank you very much for calling in. We appreciate your input. Is there anyone else in the virtual audience?

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thank you very much for calling in we appreciate your input

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I do not see any hands, Mr. Chair. Planning?

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Thank you, Chair Bergman. Ian Hegarty for the Philadelphia City Planning Commission.

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City Planning Commission will recommend on 3929, 3931, and 3941 Fairmount Avenue collectively.

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In 2017, the zoning map was amended on this block face from RM1 to RSA 5, and this was done in accord with a community-led neighborhood remapping.

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This change was enacted intentionally with the support of the Neighborhood Association and City Council to encourage single-family infill on vacant lots in this neighborhood.

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We acknowledge the presence of legal non-conforming multifamily dwellings on this block.

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however, given the clear intent of the 2017 neighborhood remapping, we argue that these

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buildings cannot be the only grounds for establishing hardship in this case. We further

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argue that the appellant's hardship claim is not supported with evidence of unique physical

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circumstances or conditions of these properties. The prior uses are not valid bases for establishing

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hardship since all three lots have been cleared of all structures. The appellant is instead relying

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on economic hardship owing to the conditions of the adjacent buildings and the estimated return

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on investment the city planning commission recommends that the board deny the variances

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for all three properties may i respond briefly mr chairman you you can thank you um just two

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two quick things um this board knows that i am often in front of this board for for cases in

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mantua and what mantua has explained to me and i certainly don't want to speak for them

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is that they supported rezoning this area to allow the community to have more of a say in

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what goes on in their community. And by rezoning everything to RSA 5, that allows Mantua and the

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community to really have a participation in new proposals that go on in their community.

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And the intent was not so much to encourage single family as much as it was to ensure that

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where proposals like this came in front of them, that they would have the opportunity

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to determine, does this fit within that community, within that block?

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The other thing that I'll point out is that since 2017, the board should note that the

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only new single families in this area, generally speaking, have been tax credit deals for

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developers that are able to secure, you know, tax benefits for building single family.

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Otherwise, generally speaking, there has been no single family development. And that is especially

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true on this block, where a three family was just built by variance. So I just want to point

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those two things out. Thank you for your input. Thank you. MI 2022-003-190-3929 fair amount

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and MI 2022-003-186-3941 fair amount and MI 2022-003-188-3931 fair amount.

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I vote yes for all three.

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Carol Teneri, I vote yes for all three.

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Thomas Holliman, my vote is yes for all three.

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James Snell, my vote is yes to all three.

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James Snell, my vote is yes for all three.

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Thank you, Councilor.

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Thank you.

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Have a wonderful day.

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All right.

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Number 10 on my list, MI-2022-003-150, 1301 North 27th Street.

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Letter of support from Brewery Town, Sharswood Community Civic Association.

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Joseph Consol is the attorney.

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Consol will be rejoining as a panelist, sir.

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Thank you.

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Hey, Joe Consul. Hi, Mr. Consul. Could you state your name and spell for the court reporter, please?

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Yes, it's Joseph, J-O-S-E-P-H, Consul, C-O-N-S-O-L-E. Right. Do you swear a firm to tell the truth, the whole truth and nothing but the truth?

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I do. Could you identify your client in relationship to the property?

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Yeah. Both of my clients, I believe, are on one Zoom, Ronald Cornwall and Sarah Fine, husband and wife.

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Okay. And our, our vice chair has a few questions.

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I'm Mr. Consul. Do you agree to waive the reading of the refusal and stipulate to its accuracy?

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i do have you emailed the exhibit packet with proof of ownership tax compliance

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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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refusal or referral photos under plans of the property five days in advance of this hearing

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and have you met with the rco and do you have a letter yes to all okay great you may proceed

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and begin with sharing your screen that work that worked all right so just to orient you all to the

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property it's the corner of thompson and 27th that's the view from 27th street it's the view

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from thompson street uh this property uh its last approved use was a restaurant on the first floor

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with a single family home above in 2018 when it was renovated it was zoned cmx2 and uh then

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And so the builder put a commercial space on the first floor.

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There's the one window and a single family home above.

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So they mimicked the previously approved use on that property.

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However, between 2018 and when the property sold, it got rezoned as RSA 5, which is why we're here.

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And so the owners of the property now, Ron and Sarah, moved their family, their two children, into the single-family home above and wished to run a combination of a retail space centered around skateboard and skateboard accessories, as well as a coffee shop that's – there's no kitchen involved.

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they'll just be doing takeaway prepared foods. So I've got my packet, the refusal. The refusal

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is basically saying, hey, this can't be a CMX2 consumer foods and prepared food shop prohibited

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in RSA 5 and multiple principal uses also prohibited, which is the single family home

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and the retail space on the ground floor. We met with the RCO. We have full support,

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both from the zoning committee and from the community everyone seemed to think it was a

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great idea and also recognized the previous uses of the property as well as the fact that when it

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was renovated it was uh a it had to be renovated that way or else i i don't believe that it would

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have been but here we are we've got someone that wants to fill the space and live above

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there's the letter with mailing we got our plans we submitted them just to

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show everyone what the interior layout of the property would be it's gonna be a

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retail space like we said and they already live above it's their house you

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need those some more photos photos of our signs another photo from the street

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proof of ownership and proof of taxes being cleared we sent over the tax cleanup certificate

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earlier this morning we got it yesterday um there's not a whole heck of a lot to it

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um i call ron and or sarah whoever is at the button to raise their hand and adopt my

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testimony. Hi, could you state your name and spell for the court reporter, please?

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My name is Ronald Cornwall, R-O-N-A-L-D-C-O-R-N-W-A-L-L. Right. Do you swear or affirm to

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tell the truth, the whole truth, and nothing but the truth? Yes, sir. Proceed, counsel.

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Good morning, Ron. Did you hear my testimony right now regarding your property? I did.

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was it accurate and do you uh do you adopt it as your own i do okay is there anything you'd like to

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add to the board uh not particularly just that um i guess that uh we want to run a little mom and pop

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being pop and mom up top where we want to just have a little store below and um and contribute

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to the brewery town neighborhood thanks ron all right questions further questions from the board

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No, Mr. Chair.

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No, Mr. Chair.

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No, Mr. Chair.

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All right.

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Questions or comments from the virtual audience?

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I do not see any hands, Mr. Chair.

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Planning Commission.

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Good morning, Chair.

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Sarah Bond, Philadelphia City Planning Commission.

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S-A-R-A-H, B as in boy, A-N-H.

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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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The comprehensive plan recommends no change to the existing RSA 5 single-family zoning at this location.

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However, the proposed use is consistent with documented previous uses on this property.

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However, the proposed use is consistent with documented previous uses on this property.

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The City Planning Commission recommends that the Zoning Board grant the variance.

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Thank you.

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MI 2022-003-150-1301-North 27th Street, I vote yes.

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Carol Tenere, my vote is yes.

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Thomas Holloman, my vote is yes.

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James Snell, my vote is yes.

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James Snell, my vote is yes.

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Thank you, and thank you, Council.

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My number 11 is MI-2021-004-961-1802 Harlan Street.

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Jack Hubbard is the attorney.

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A letter of opposition from the RCO, which met in the 5th Council District's office.

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Mr. Hubbard will be coming back in as a panelist, sir.

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Good morning, Mr. Hubbard.

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Mr. Hubbard?

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Sorry, can you unmute yourself?

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I apologize. Sure. Good morning, Mr. Hubbard. Could you state your name as spelled for the

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court reporter? My name is Jack Hubbard, H-U-B-B-E-R-T. I'm the attorney for Creative Home

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Renovations, which is the owner of 1802 Harlan Street. Right. Do you swear or affirm to tell

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the truth, the whole truth, and nothing but the truth? Yes, I do. Our vice chair has a few

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questions okay good morning do you agree to wave the reading of the refusal and stipulate to its

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accuracy yes i do have you emailed the exhibit packet with proof of ownership tax compliance

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a copy of the refusal or referral photos and or plans of the property five days in advance of

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this hearing and have you met with the rco and do you have a letter yes to all great you may

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proceed and begin with sharing your screen. Okay. Can you see my screen right now? I have a

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map up of the neighborhood. Yes. Okay. So the property at issue is a vacant lot, 1802 Harlan.

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And the plan is, it formerly was two separate smaller lots, one 12 foot wide, one 14 foot wide.

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They were consolidated last year in order to build something that would be consistent with the neighborhood.

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After the couple of vacant lots next door, there are five three-unit multifamily developments.

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The units both behind and sort of catty corner on Master Street are all multi-unit developments, apartment buildings.

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so our proposal would be to make a two-unit multi-family house on this combined lot

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we have three um variance issues and i want to uh i want to change my screen right now

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are there any questions about this particular screen before i switch

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what's again out of curiosity what's across the street across the street uh maybe my client can

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tell us exactly what's across the street. I don't actually know what's across the street.

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All right, so we'll get to him when he testifies, but thank you. Okay.

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Okay. So these are the variances that we need. We have one use variance. We have

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requesting a two-family use in an RSA 5 zone. We have the minimum rear yard depth. We're looking

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at four foot proposed there's also the nine foot is the requirement and we're looking at a maximum

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coverage of 85.2 versus the 75 that's required.

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Both of these parcels as I said before both parcels were undersized they were combined

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into one so that we could build this project instead of two really skinny small houses

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we would build just this one bigger property for the two units that would go there.

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Just to look at this size, this over here on the right side is the shape of 1802 Harlan and there's a few vacant lots in between similar shapes and then we get into the larger lots down the street where there's all three family developments.

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developments. I have a couple pictures just if anybody's asking about the posting. That was the posting of our

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I have a couple pictures, just if anybody's asking about the posting, that was the posting of our original and our continuance. These are all the postings.

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This is a current picture of the lot.

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Just a few other neighborhood pictures.

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This is a rendering of the architect's drawing of what we would propose to put on 1802 Harlan.

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These are the neighboring multi-family houses a couple of doors down after the vacant lots.

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1814, 16, 1820, and 22 are all three family apartment buildings.

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this is across the street the neighborhood contains a lot of multi-family not just on

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harland street so when we met with the uh the rco uh their only concern that they raised with us

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was uh density and we went back and looked at our plans again and there's really not anything

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we could figure out to do. I mean, it used to be two lots, so it would have been the same kind

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of density, whether we built two small single family homes or this one multifamily project on

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the lot, which is why we continued the case in the first place to re-examine to see what we could do

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to address their concern, but we just weren't able to come up with anything practical.

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At this time, unless there are specific questions for me, I would ask Mr. Perlstein or Mr.

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Yaskov to raise their hand so they could adopt my testimony.

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All right.

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I have one of the owners raise his hand, please.

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Mr. Perlstein has been allowed to speak, sir.

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

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Sure.

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It's Michael Perlstein.

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It's Michael, M-I-C-H-A-E-L-P-E-R-E-L-S-H-T-E-Y-N.

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Right.

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Do you swear for him to tell the truth, the whole truth, and nothing but the truth?

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I do.

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Proceed, counsel.

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Michael, have you heard my testimony to the ZBA just now?

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I did.

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Do you agree with it and adopt my testimony as if it was your own?

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I do.

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Is there anything you want to add that I forgot?

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not really when we did uh have the the one thing i want to mention when we did have the the meeting

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with the local community they did not really raise question of condensity uh they did have

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uh uh some issues with some other builders that cracked the payment uh pavement around and i

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assured the the local community that if we would have done anything like that we would have fixed

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it and i i thought we uh had a good meeting i didn't um i think uh we would get a post but

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that's what happened okay all right um questions from the board no mr chair no mr chairman

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questions or comments from the virtual audience mr chair miss mary uh jones has her hand raised

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I have a letter to speak at this time. Good morning, Ms. Jones. Could you state your name

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