eight the four unit building and right next to it there's another one that's I'll just make my
picture a little smaller so you can see both so here you have the first four unit and right next
to it where this gentleman is standing is another four unit building these are the eight units that
i'm talking about and this is where the the building proposed building will be located
so the the name and you see the four uh you know the the you see the um the way it's broken up
so a lot of the neighbors wanted to so that as far as community character we talk a lot in these
zoning hearings about the community character, the community character of this particular block
is tending towards multifamily. What you see here in this picture is just the only, these are the
only five single-family homes on the street, on the entire street, end-to-end, from C.C. Moore
to West Oxford. This is it, these five. Three of them, two of them, I'm sorry, have private
off-street parking of their own, and only three do not. And so this, so this block has a, has a
character that it lends towards multifamily. And in fact, multifamily is equal to and use
as the single families that are on the block. And here's our tax certificate. And as a final
exhibit, here's our letter of support from the RCO. It was a well-attended meeting, 26 attendees
in the meeting, and you see here three of the RCO and the entire RCO board did support the project
as well as the majority of the attendees. Here, there were eight members that voted not for the
project, but I just wanted to bring to the attention of the board that all eight were members
from the Alliance for Progress Charter School who were there, who were not affected neighbors,
and were just members of the school who wanted to propose to buy the lot from my client.
for their private use. So we made no mention in the meeting and we mentioned here that it's not that these are all, all of these opposed individuals come from a single source and not an affected source.
And I think, Mr. Bergman, there was a letter, Chairman Bergman, from the RCO about the, that gave more information about the letter of support there.
So I did want to just share with you that that's pretty much our presentation and what we've come to share.
The last thing I did not show you and I will show you now, and that's just some aerial, some pictures of the block itself from either side.
I think I skipped that one. I'm not sure if I didn't show you that one.
And I think that's one of our first exhibits, street level of the block.
Okay, so looking down the block across, this is immediately across from the lot, you'll see the school and how, so this is what the character of the block is, basically a school from one direction, and the other direction, you see it's the alliance, two schools define the character of this particular block.
two schools define the character of this particular block. So, and this is from one end
to the other. And again, these are just the one, the five homes in between the two schools.
All right. So, that's pretty much the exhibits that we came to share with the board today.
What I'd like to do now is to bring my, have my client promoted to.
Can I ask the question? What kind of, you're still negotiating provisos?
Yes. So we're not still negotiating them. I know what was said on the letter, but just to give some context to that, what we offered was in exchange for doing this building the way we're doing it, that one proviso was that we would have two units that would be used in such.
One would be a handicap-assessable wheelchair-assessable unit to go with the wheelchair, to go with the one handicap-assessable building parking space that's there.
And the second unit would be a unit where a community member would be used as an on-site residence for a manager who would make sure that any trash or cleanup would be taken care of by a person employed by the building.
Those were the two major issues of the proviso.
We also volunteered that in our application process for any occupants that would want to live there, that we would prioritize teachers and parents of students in the two schools.
So those were the three things we talked about with the community.
When the letter of support came back, and I did speak with the RCO head before this, he did not provide that clarity in his letter that we talked about.
But I told him that, you know, in this in this particular zoning presentation that we would discuss that with the board and he could present those provisos, requested provisos to this board.
He told me today, earlier today, that his board is meeting tonight to prepare that.
I'm like, well, the hearing is today. So I don't know. I don't know if that was a mix up with their planning or I'm not sure exactly.
when we look at all the buildings in the area is there any other building like this that takes a
whole floor and makes it parking no no and parking is not even required as a matter of right in this
area we wouldn't have to provide any parking if we just did this building so we're we volunteered
to we wanted we felt that to get this project approved by the community that it would be a
great advantage to have nine spaces with the off with the one curb cut that's already there
rather than no parking and that was one of our sweeteners with the community and they did like
that because there's a neighbor that has a that has a handicap lift in one of the pictures that
I showed earlier and she's got a lot of difficulty getting into her property based on you know based
on just uh i'll show that again to the community uh to the board like here this this 1615 she's
got a lot of problems um finding a way to get into her home because of this and so what with us
having off-site uh handicap accessible parking that was one of the things neighbors like to hear
about. So, yes. Bring your client on. Okay. Is Mr. Gavi Tavison, is he, is he there?
Mr. Ataseven, please unmute yourself or wait for the chair.
Hi, could you state your name and spell it please for the court reporter?
My name is Gazi, G-A-Z-I. The last name is Ataseven, A-T-A-S-E-V-E-N.
do you swear or affirm to tell the truth the whole truth nothing but the truth
yes sir proceed counsel oh yes mr out of seven um have you been listening to my presentation of
this application yes and has everything i said true and accurate to the best of your knowledge
yes and if you were testifying on behalf of yourself would you adopt my testimony as yours
And have I omitted anything that was discussed either in the course of representation or the course of the RCO meeting that you would like to add that I have not mentioned already?
No, you mentioned everything.
And one of the things we talk about in RCO meetings is hardships and the hardships and the refusal that we presented.
is is it your testimony that each of the refusals that we are are seeking zoning relief and variance
relief for are they all hardships to you and your entity in building this building yes okay
no further questions from Mr. Adamson okay questions from the board no chair
no chairman no chair questions or comments from the virtual audience
chair we have larry griffin mr griffin please unmute yourself
Chair, we have Larry Griffin. Mr. Griffin, please unmute yourself and wait for the chair.
Good afternoon, sir. Could you state your name, please, and spell for the court reporter?
Mr. Griffin, are you there?
Mr. Griffin, are you there?
Mr. Griffith?
Is there anyone else in a virtual audience?
Chair, we have Brian Cameron.
Mr. Cameron, please unmute yourself and wait for the chair.
Hi, Mr. Cameron, could you please state your name and spell for the court reporter, please?
Mr. Cameron?
hi i'm here can you hear me yes i can could you state your name please as a spell for the court
reporter absolutely so it is brian cameron b-r-i-a-n-c-a-m-e-r-o-m right do you swear
or affirm to tell the truth the whole truth and nothing but the truth yes sir are you a neighbor
i am the principal at alliance for prior starters sure proceed sir so um first of all i want to just
state that there was a very informative presentation. We do have some concerns coming
from the school level. I first wanted to point out a couple untruths regarding the conversation
around the community meeting. He stated that there were eight members of Alliance of Progress as an
entity which opposed it. That is factually not true. We did not have eight individual members
attend the meeting. As somebody who stayed for the entire meeting, we discussed multiple
provisos, one of which that he stated, and this will be on the record, as a negotiation as far
as a playground space or a space was the possibility of using part of the building if they are
permitted to build the building as a playground space. So that was omitted there when he was
talking about three conversation points that came up in the original community discussion.
We have a number of different issues with this. Number one, 18th Street has a major traffic issue. We do have two large schools there. Both schools have hundreds and hundreds of students. I think that building this sort of residence will lead to a lot more traffic issues there, which we're already experiencing on 18th Street.
in addition to that the safety of this block and the safety of this neighborhood bringing in
multiple more tenants as you can see by the pictures they're backed up right into our school
right into our parking lot and quite frankly I do think it's a safety concern having that
building that close to to a school with children age five up through 12 13 years old
thank you very much for taking the time to call and we appreciate your position
Is there anyone else in the virtual audience?
Chair, Mr. Griffin has his hand up again.
Mr. Griffin.
Mr. Griffin, please unmute yourself and wait for the chair.
Mr. Griffin.
Is there anyone else in the virtual audience?
I see the other hands at this time, Chair.
Hi, Planning Commission.
Yes, this is Ron Bednar, City Planning.
Our adopted comprehensive plan recommends no change to the residential single-family zoning at this location.
Three-row houses could be developed by right on these parcels, with a fourth unit permitting only at the minimus lot with variance.
However, there are no unique physical circumstances or condition of the properties.
that would require five times more units than allowed with two stories above the permitted
height. We recommend, we therefore recommend that the board deny the use and dimensional variances.
Thank you. Counsel, do you have any more comments before we move on?
Well, I do want to make a statement as to the well, what happened in the as far as provisos versus community benefits agreement.
We specifically spoke in there was no there was no talk in the meeting about proviso.
We talked about what would be a benefit to the community and in the benefit to the community.
And in the benefit to the community, we talked about the need for parking to offset the off-street parking, which is what the gentleman from the school did present.
We talked about the need for parking to offset the.
And the folks that did come from the school were all seated at the front, and they spoke for quite a bit of time after the presentation was done without the presence of the applicant.
And so there was no conversation. There was a conversation there because the school has a 16 by 100 sliver lot right adjacent to the building where the building would be.
And then so the side yard is there. So the idea would be that if the school did plan to build and we did say that we would participate in that process so that if they were going to do a play area along the parking lot, we would be able to use that sliver of land towards that.
So that was converse, that was spoken of, or not gated so that the students, so that that project could be done. But the school took the position in the meeting not to have that further discussion on proviso or on development. They have not presented to us, they didn't present any active plans to build the playground. So we just basically, that did not progress past it.
So what the community did support, and what the community, as you can see by the vote count that was presented by the RCO, they do want the building because they do see a great need for the teachers and the parents who, for the amount of students and teachers and parents who are there, they recognize the demand.
And that's what motivated the support that you see there. The second piece was the off-street parking and the off-street trash removal. Those two pieces were very key that leveraged the support that you see inside of the vote count that was there. So those are the key provisos, Mr. Chairman, that we talked about.
thank you very much
so this is
a big project
what I'd really like to do
is take this to the executive committee
and talk to the other members
where we are
I would probably
Hillary if it's possible
I'd like to see what the provisos are
Mr. Chair we could close
the record
except for
receiving a list of
Okay, so the record will be closed.
Look at the provisos.
Look at this next week, Hillary.
If we think we can get a list of provisos from then.
I understand there's a board meeting tonight by RCO.
I'm sorry.
I'm sorry.
Hillary, you're breaking up.
Can Mr. Holloman
So we're going to continue this
to next week
We'll continue this to next week
Yeah, Mr. Tresor, I'm sorry
Yeah, we can
continue to next week
and if we can get a list of
suggestive provisos from
the RCO and then a response
from Mr. Toppin
that would be great
I just wanted to note too for the record that
the provisos that have been discussed
so far, I don't believe any of them
are enforceable by the board.
That's right. I just want to make
sure there's not provisos that are enforceable
that we should know about.
That's fine. So we'll
close except for a receipt of
a list of provisos and a response
from Mr. Toppin. And then we'll play
in the vote next week.
Thank you, sir.
Thank you very much.
Is there...
Sherm, you're muted. You're muted. You're muted, Sherm. We can't hear me. Can you hear me? We'll hear you now, right?
All right. Yes, thank you. I don't know if it would benefit the board to have the actual list of attendees of the RCO meeting was something that we had requested so that we could really go through and see what was the level of affected that were voted and that opposed the project itself.
because we were we were told that it was a very it was not eight individuals that were in the
and that's what I represented so if the board wanted more information about that
it might seek that from the RCO. Okay thank you we would take a look at that if that's available
but and I just think we really besides the provisors we want to have a discussion about
the project and that's why we're going to move it the next week okay? Okay thank you. Thank you very
much. Thank you, Mr. Chairman. Is there anyone in the two o'clock list that their case has not been
called? I see no hands at this time, Chair. So we're going to take a break to 3.30, everyone.
we are recording in progress you could begin chair okay good afternoon my name is bill bergman
and i will be chairing this afternoon's eba hearing with me is our vice chair ismail shaheed
he's here Ishmael present Mr. Chairman thank you board member Thomas Holliman
present Mr. Chairman and board member James Snell present Mr. Chairman also here is Hillary
Emerson our attorney and also our executive director Tanya Sumpkin here's our virtual
format. Be advised, the proceedings are being recorded. The video will be available by contacting
tonyasunkett at philip.gov. For the benefit of our court stenographer,
we ask attorneys and witnesses to identify themselves before testifying. If you are
participating by phone, if you wish to testify, press star 9 to raise your hand and star 6 to
on mute. To enter an appearance statement, call 267-270-5548. Leave your email and the address
of the property in question. And lastly, the question answer box on the screen is not for