civus
Hearing video

ZBA Hearing - September 21, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Sep 21, 20224h 24m

yes i do what property um it is for uh james street um

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he has the exact address on here number seven 73 24 yes you want to continue that case

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um yeah we were sent a letter that today would be a meeting day yeah we're having a meeting

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i'm saying it's not you this is for contiguities that case at this point is listed to go on

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okay okay so we'll call that case and we'll let you know is there anyone okay thank you how's a

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continuance chair i see no hands at this time so i wanted to list a few cases that we we don't have

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exhibits. Case number two, MI-2022-002-641-12094 Dupieux Avenue.

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Mohamed Mottakoffloff is the owner. We do not have exhibits for this case as the first listing.

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We do not have exhibits for this case as the first listing.

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Sir, are you in the audience?

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Sir, are you in the audience?

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Yes, I'm here, Mr. Chairman.

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

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Yes, Mahmoud Mamakulov, M-A-H-M-U-D is the first name, last name M-A-M-A-T-K-U-L-O-V.

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

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Yes, I do.

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here we do not have the exhibits for your case so what we're going to have to do is you're going

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to have to the best thing to do is to call the zoning board office have uh talk to people there

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about how you can put your case together and things of that nature okay this is your first

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listing but we're going to have to have your exhibits so the next time we'll try the case

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is that all right okay so call the zoning board and just proceed from there i think if you go if

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you call the zoning board you'll you'll see that they will have people help you and tell you how

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to get your case prepared okay awesome well done all right thank you thank you so that case is

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continued and then case number eight mi 2022 002 761 408 to 10 west chew avenue um

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no exhibits first listing

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Johnny

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Jiang Noon

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are you in the audience sir

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I see no hands at this time chair

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that's the first listing that case

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will be continued

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are there any withdrawals

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i see no hands jim we're going to go to our regular list case number one mi 2022

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000 305 26 25 to 33 jefferson street david ornides is the attorney um

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i do hillary i do believe we now have a letter right yes yes mr chair we have a letter of support

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from the Coordinating RCO, the Brewery Town Sharswood Community Civic Association,

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and we've been advised by the council president's office that they are not taking the position.

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Thank you. Mr. Orphanides.

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Mr. Orphanides is coming back in as a panelist now, Chair.

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Thank you.

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good afternoon mr chairman hi mr orphanages i believe i swore you in earlier this morning

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yes sir you did could you uh could you identify your client relationship to this property

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certainly uh my client is on the park llc they are the owner of the subject property okay um

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our vice chair carl tenere has a few questions certainly i'm mr orphanages do you agree to

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I waived the reading. I don't stipulate to its accuracy, but the issues haven't been addressed

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by the examiner, so we'll go with what we have. Okay. Have you emailed the exhibit packet with

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proof of ownership tax compliance, a copy of the refusal or referral, photos under plans of the

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property five days in advance of this hearing and have you met with the urco and do you have a

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letter yes yes and yes okay great great great can you proceed now and share your screen i would be

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happy to thanks thank you can everybody see my screen okay okay um so again my name is david

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orphanetes i'm attorney with orphanetes and toner here in philadelphia and again i'm representing

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on the Park LLC, the owner of the subject property, 2625-33 West Jefferson Street.

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As indicated at the very beginning, we did just receive a letter of support

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from the coordinating RCO, the Brewery Town Sharswood Community Civic Association,

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and here you see that letter dated September 18, 2022. That was following a number of meetings

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with the community group, extensive interaction with the leadership of the community group for

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a community benefit agreement, which is a binding document to be recorded in the recorder's office

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here in Philadelphia that provides for the payment of legal fees.

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um that provides for uh the payment of legal fees uh by the losing party to the winning party

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uh in the event that there is any type of litigation and calls for the provision of

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affordable uh using housing units uh meeting the moderate income 60 percent ami that sets forth in

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the zoning code this community benefit agreement as you can see i've highlighted here shows for the

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recording also shows the binding effect of the document upon the heirs assigned and successors

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and transferees of either party includes remedies and here again the provision for the payment of

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legal fees in the event of litigation the uh the subject property is a uh oops is a vacant lot

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you can see it right here it's located on the northwest corner of north bailey street and

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Jefferson Street, located right across the street from a very large park. I've taken here, you can

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see an aerial image where I've clouded the extensive amount or number of vacant lots in

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the vicinity of the subject property. I'm just going to change the view here real quickly.

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You can see our property down here at the bottom.

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there we go so you can see our property right here um you'll see in the photographs we have a

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vacant abandoned structure located uh next to us to the west on jefferson street and you have a

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vacant lot um here's the park that's located across the street but you can see um caddy

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cornered across 12th uh north 27th street we have a large vacant lot and then other many other

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vacant lots, some large, some intermediate, many corner lots, as you can see, strewn about within

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a block, half a block radius of the subject property. Here's a little bit closer up image,

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and you can see all the green and the areas. So we feel that this property in this case is a case

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that fits squarely within the Herzberg, the realm of Herzberg, which stands for holds for the

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proposition that in blighted areas, that the warrants relaxation of the requirements of the

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zoning code in situations such as that. And again, here's some additional images.

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The property is a split zone property. One time it was two separate parcels,

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Bailey Street Parcel, and then the Jefferson Street Parcel. They were consolidated.

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The RSA 5 portion is a conforming parcel. It's 18 feet wide by 87.5 feet long. It's about 1,500

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square feet. The RM1 portion is a little over, it's just under 7,400 square feet.

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But because the RSA, it was consolidated, my clients purchased it as a consolidated lot.

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But because the RSA 5 portion is more than 10% of the overall lot area, it's a little bit more than 10%, I think it's about 17.5% of the overall lot area, the whole property gets treated as RSA 5, as kind of wild as that may seem, but that's the provision of the zoning code.

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That provision for split zone lots has recently changed within the last couple of years, but as such, it leads to one of our refusals because now from a zoning review perspective, this whole lot, despite being almost completely RM1, is viewed as an RSA 5 lot, and you'll see that as one of the refusals in our notice of refusal.

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But you can see from both the aerial and from the zoning map that it's clearly the largest, you have RM1 properties up and down Jefferson Street, except for the park across the street.

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And then you also have IRMX properties located to the north and northeast of us.

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Then to the north of us, obviously, RSA 5, where our northernmost portion of our property consolidated lot is also RSA 5.

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But you can see RM1 up and down Jefferson Street, and again, clearly an extremely large lot by comparison.

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It takes up almost half of the block between North Bailey Street and North 27th Street.

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Historically, the property was used for non-residential use.

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You can see here in 1976. In the zoning archives, it shows that it had storage and warehousing back in 87 and 88 to 92 to 94 to 96 to 98.

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And then you can see in about 2002, sometime between, I'm not sure what year that was, but somewhere around between 2000 and 2002, the buildings were demolished, including the parcel, the Bailey Street parcel.

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This is only the Jefferson Street parcel that's outlined.

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Here's our Bailey Street portion.

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here's our bailey street portion that's now part of ours that's our safe five portion

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That's now part of ours.

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That's the RSA 5 portion.

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but so for about 20 years this has been a vacant lot and again um placing this this

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property in this case squarely within uh a hertzberg consideration

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uh the the proposal is and we have revised drawings or revised drawings added street

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trees it was one of the things that i pointed out to the examiner uh when i reviewed the refusal

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that initially the original zoning drawings did not show street trees you can see here

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and this is a tab 3c of our exhibit book but at tab 3a we've provided them even though it wasn't

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cited in the refusal it is required by the zoning codes we do do show and provide them

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but it's the proposal is for a building that's 41 feet 10 inches tall it's just a little bit

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taller than what's permitted under the zoning code for RM1 and RSA 5. It provides for 27

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residential dwelling units. The total number of bedrooms are only 43 bedrooms, which is far below

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what it could be at that number of dwelling units or the number of dwelling units that would

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otherwise be permitted, whether it's by right or with bonuses. There is no parking required in

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RM1 or RSA 5, as the board well knows, but we're providing three or six off-street parking spaces

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along with bicycle parking. One of the parking spaces will be an ADA space. There are presently

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two curb cuts, even though it's a vacant lot at the subject property. One is located on Bailey

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Street, kind of in the middle, and the other one is located on Jefferson Street, closer to the

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corner. Obviously, the Jefferson Street curb cut will be filled in. The sidewalks will all be

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repaired. You'll see from the photos that the sidewalks aren't presently in great shape,

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and essentially moving the existing curb cut that must have serviced the warehouse building at one

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time up to the north is not going to further decrease any on-street parking on Bailey Street

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will technically be increasing on-street parking on Jefferson Street. It's interesting to look at

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our site plan. The RSA 5 portion, which was the Bailey Street lot before it was consolidated,

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we are utilizing that portion even though we're deemed to be considered all RSA 5 because that

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portion of the property consolidated lot is more than 10%. That's our open area and that is the

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driveway access to get to the off-street parking. All of the building, the multifamily building,

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the multifamily use is located on the RM1 portion. So no multifamily use is actually located

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upon the RSA5 portion. I think that's an important fact to take into consideration here.

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Our elevations, again, the refusal notes that our height is 42 feet, but both the original zoning

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drawings and our, and I could zoom in, our original zoning drawings and our revised

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zoning drawings show our height at 4110. There is a roof deck that's proposed for access

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by the residents of the property. Again, as indicated in our agreement with the community

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group. We're providing an affordable unit at the 60% AMI, the moderate income, which if we were to

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utilize the mixed income housing bonus would result, we could have a building that's 45 feet

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tall. So we're clearly with the seven feet that would be permitted additionally with the use of

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that mixed income housing bonus. So we're well below that. We need a little more height in order

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to get the off-street parking, and I know the planning commission may say the off-street

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parking is not required, but again, it's barely more than what the maximum height that's permitted.

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We've expressed during our community group meetings that we would reduce the parapet

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around the exterior of the building. It didn't seem to be something that made it into their

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letter or something that was very much concern to the community, but if we were to reduce the

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parapet to let's say 12 inches rather than the 36 inches or 42 inches we're presently proposing

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we would end up with a building that's basically the same height around the perimeter of the

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Max height. That's 48 inches above the midpoint between the high point and the low point of the roof, which generally puts the top of the pilot house around 51.6. Our pilot house at 10 feet would only be at 50, 51.10.

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Here's again, I showed this at the beginning, the rendering. This is the view from the corner of Jefferson and Bailey Street. I think we could agree that that's an improvement over this.

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and again photographs that we have of the surrounding area let me just switch my view

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here quickly here's the abandoned building that's abutting us to the west

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a few further to the west uh buildings there's a number of buildings with boarded up windows i

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don't know if they're occupied or not another vacant lot to the west here's the vacant lot on

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the southwest corner of 27th and Jefferson that I alluded to with the aerials the park I mean it's

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great having the park right across the street from a multi-family dwelling again zoned RM1 across from

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the park you want to have a population that can utilize and access the park so I think having

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these units and the number of units it's perfectly situated with the park across the street there's a

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charter school, the Camelot Academy, down at the other end of the block at 26 in Jefferson.

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You can see again, I've highlighted the vacant properties. You have along Jefferson Street

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to the east of us in Phil's. Newer construction, this building actually at the corner is taller

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than us. It's 53 feet in height. Here's a view down Bailey Street. You have a mix of two-story

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residences and then commercial light industrial it's a it's a really interesting mix some of them

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in different states of repair or disrepair again vacant lots heading out down to oxford street

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buildings in different states of disrepair large huge parcels of pieces of parcels of vacant lots

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and then again non-residential kind of mixed use not mixed use non-residential types of properties

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to the north of us. Our floor plans, again, we do have a cellar. We've pulled our building. Again,

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it's away from the buildings that are to the north of us. We have the drive aisle to the north.

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So I know this is on everybody's mind of late with some recent, unfortunately, some recent

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collapses with excavation and underpinning. Our building will be away from the existing buildings

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to the north of us and again there's the vacant building two-story building directly to the west

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of us which you can see here. The layout that we've already shown again only 43 bedrooms which

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is far fewer we're not cramming in three bedrooms per dwelling unit that we're looking and again it

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would be less bedrooms than you would have as a matter of right here the whole property was zoned

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RM1. Tax compliance is at tab 13. Copy of our hearing notice for today's hearing, which was

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posted on both frontages of the property at Jefferson Street and Bailey Street in accordance

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with the requirements of the zoning code. And then we had, again, we sent out three different

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14303 notices. One went out before we had the meeting scheduled. We knew of a meeting or had

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schedule with the community group, but we need to send it out within 20 days of the identification

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of Brewery Town Sharswood as a coordinating RCO per the zoning code. Then we had a meeting in

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April and the hearing and the notice went out for that. And then the last meeting was in June 23rd,

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which resulted in the support letter that you have just recently submitted to you again

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on September 18. Again, we have the drawings that we've submitted to you are two pages

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or actually three pages, I'm sorry. And these have actually already been stamped off by the

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streets department. And with that, I would ask both Logan Dry, who's the architect,

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to be promoted to a panelist, as well as Josh Matthew, who's here representing on the Park

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LLC to be sworn in and to adopt my statements. Okay.

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Mr. Dry, please unmute yourself and wait for the chair.

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Hi, sir. Could you state your name and spell for the court reporter?

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Sure. Logan Dry, L-O-G-A-N-D-R-Y.

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

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I do.

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Proceed, counsel.

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well. Logan, good afternoon. Did you hear my statements I made to the board? Yes. And a true

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and correct to the best of your knowledge? Yes. And would you adopt them as your own? Yes. Thank

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And would you adopt them as your own?

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Yes.

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Thank you very much.

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you very much. And you have one other person you want.

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And you have one other person you want to bring on?

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Yes, Josh Matthews.

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He's the representative of the On the Park, LLC.

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Mr. Matthews?

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Mr. Matthews, can you please raise your hand?

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Mr. Matthews, please unmute yourself or wait for the chair.

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Hi, Mr. Matthews, state your name and spell for the court reporter.

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