civus
Hearing video

ZBA Hearing - March 17, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Mar 17, 20215h 37m

which you'll see right here. In addition, Ms. Woodruff, the immediate next door neighbor at

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1128 South 24th Street is in support of this proposal. Here is the plan of subdivision. In

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the left you see the double wide lot to the right where I've highlighted you're

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seeing the two 960 square foot lots that are proposed this next page CN1 shows

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the two proposed lots on each lot a three-story single-family dwelling

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again we have revised the plans to take off the proposed accessory parking which

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was originally proposed and had generated a couple individual variances. If the board is inclined to

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grant the requested relief, we would ask and we made a commitment in our presentation before the

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community that these revised proviso plans would be submitted. And the community is quite pleased

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with the proposed single family homes, which are in keeping with what I showed you in the original

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photographs in the surrounding area we believe that this certainly meets the scope and spirit

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of the code we're left with one very technical refusal mr frederick is here to adopt and affirm

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at the appropriate time and i'm pleased to answer any questions we are not aware of any opposition

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or concerns with this proposal does the board have any questions no

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no would you ask your uh client thank you uh mr frederick would you kindly raise your virtual hand

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so that uh mrs tenere the vice chair of the board may swear you in

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hello hi can you put your name on the record please yes my name is jeffrey frederick

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okay and do you swear or firm to tell the whole truth and nothing but the truth

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I do. Thank you. Thank you. Mr. Frederick, have you had the opportunity to hear

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my entire testimony before the board this morning? I have. And would you adopt and affirm it as your

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own? Yes. Thank you. Thank you. Is there anyone else here who wants to testify including

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representatives of RCOs, council reps, and members of the public? If so, please raise your hand.

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Hi, Chair, we have a caller.

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Hi, Tiffany Green, Concerned Citizens Appoint Brief.

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Okay.

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

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Yes, I do.

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Thank you. You may proceed.

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First of all, I want to make the point that this particular lawyer developer was non-responsive to our RCO.

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So we never received notification of the second meeting.

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There was a second meeting.

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We never received any notification of the first or the second meeting from this particular applicant.

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And also we requested their ZBA packet.

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We never received their ZBA packet, and we don't understand why they were being so nonresponsive to our RCO,

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which is noncompliant with the zoning code regarding how to, you know, address RCOs.

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WHAT IS YOUR RCO? CONCERNED CITIZENS OF POINT BREEZE.

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Okay. They have met with the Point Breeze Community Development Coalition.

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OKAY. THEY HAVE MET WITH THE POINT BREEZE COMMUNITY DEVELOPMENT COALITION.

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That's the coordinating, but we're RCO too. We've been here longer than that, but I'm saying you're supposed to, under zoning code 14303, the applicant should notify all RCOs in the area and provide them with the information, his information, for us to be able to assess.

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It's not just the coordinated RCO that has a say in this particular case.

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Mr. Laver, do you want to address this?

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I'm confused in hearing this.

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I was just pulling up my records to confirm that we did certify mailings, and I was just

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taking a look here, and I see that Point Breeze Civic Association, 36th Ward GOP, Point Breeze

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Community Development Coalition, Tasker Morris Neighbors Association, South Philadelphia Homes

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Incorporated, Concerned Citizens of Point Breeze, as well, of course, as the Councilman's Office,

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we're all notified by certified mail in December, December 9th of 2020. I've shared that

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uh certification with council for the board and i am not aware i haven't received any

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um requests for information from any other parties we've had several meetings actually

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with the community i i believe it was three or four and nothing has been hidden so um

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i i don't know respectfully what is being raised before the board at this late hour

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Well, my point is that you had a second meeting on February 22nd, correct?

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That sounds right, ma'am.

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Okay, when we learned about the meeting, we sent you out an email.

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I'm trying to get the date.

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We sent out an email because of asking you to send us your CBA packet or any revised plans so that we could see if there was anything done or changes.

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We never got a response back from you.

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I need to find that date.

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I don't have it from me right now.

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I would have been happy to have shared any information. I didn't receive that email.

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Okay, well, I sent it out to Mr. Layer. Is that your name, sir?

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Adam Lever.

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Lever, that's who I sent it. But anyway, the point of it is, at this point, is that you were non-responsive at this point.

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Please do not talk over each other. Please do not do that.

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I couldn't hear her. Sorry. Go ahead, sir.

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Respectfully, it's very important to me as a member of the zoning bar to only represent clients who will be fully open

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and transparent with anyone in a neighborhood who has any questions. This could be an error in

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technology, but as an officer of the court, I'd like to say to you, ma'am, and also to everyone

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who is here today for this public hearing, that I did not receive a communication. I am sure, ma'am,

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that you tried to reach me in some way, but I did not receive it. I wish when you hadn't heard

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from me that you had picked up the phone and tried to call uh the the the thing that is so

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nice about this particular case is to this point in time everyone has been very pleased with the

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developers efforts to try to make this project welcome a welcome addition in the community

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and uh we would have been happy to have spoken with you at the appropriate time

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and we're happy to speak with you moving forward.

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Okay.

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We sent it on March 2nd to B-L-C-O-L-O-D-N-E-R at KentBarr.com.

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That was the email that we had on file.

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And we sent it on March 2nd requesting confirmation of a public second meeting

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and information.

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But, however, I'm not going to go back over that.

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I just want to make the note and I want to put it on the record.

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The thing about it is that we're opposing this variance because, first of all, there's no hardship here.

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And that's what we talked about this before.

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There's no hardship, and you're setting a presence of putting, we're saying one house per lot, okay?

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And according to the refusal, you do not have a hardship at this point.

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You can bill on a 14-4 square foot.

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square foot um that's advantage even if you put you have the right to build uh

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Square foot. That's advantage. Even if you have the right to build houses in that area can go from 960 all the way up to 1,152 or up to 14 square footage. So you have the right to build a nice size house on that particular lot.

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also, or you can do

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what you want to do, or do a side

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yard and everything, but

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you want to split the property when you don't

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have the actual square footage

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into two properties. We don't want to start that

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because that's something that will be starting all

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the way down the line. That's something we will have to

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deal with in the

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community. We did not receive

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your certificate of mailing, so I'm not sure who you

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mailed out to, and I can't say who the support

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is because they only have

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three people down who voted

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at the public meeting.

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um excuse me i'm sorry this is sharon's let it miss green just to clarify this for the record

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you initially said that you emailed mr laver you then read another email address into the

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record are you acknowledging that you did not try attempt to contact mr labor well i i i assume no

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they're not mr is that his is that the law firm is that the law firm um uh b k o l o d n e r who

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would that be? I thought that was the law firm of Mr. Lager, but

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correct me if I'm wrong. Can you repeat that again? B-K-O-L

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D-N-E-R

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at klinebart.com? That's Bernie Kladner, who's another

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lawyer not related to this case. Well, that's what we had.

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Okay, well, that's what we had down

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under the email that we sent

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that we were sent under the RCO notification

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for my understanding.

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Okay, so that obviously was the wrong email.

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And Mr. Laver, can you just state again

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what RCOs you met with?

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Concerned Citizens, Tasker Morris.

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We met with Point Breeze Civic Association,

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36 Ward GOP,

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Point Breeze Community Development Coalition,

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Tasker Morris Neighbors Association

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South Philadelphia Homes Incorporated

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Concerned Citizens of Point Breeze

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and this was all under the auspices

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of Point Breeze Community Development Coalition

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the coordinating RCO as identified

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by the Philadelphia City Planning Commission

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in public community meeting notice

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that was sent out on December 9th, 2020.

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well in the summary letter it only has one and the summary letter only has

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vice chair you can continue um the summary letter only has one rco listed i'm sorry miss green i

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muted you the vice chair was questioning the attorney um i'm asking the board if the board

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has any questions? No. No. Is everyone prepared to vote this? Yes. Yes. Yes. Planning Commission?

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

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i-a-n-h-e-g-a-r-t-y. Do you swear for him to tell the whole truth and nothing but the truth?

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Yes, I do. The comprehensive plan recommends no change to the existing residential single

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family at this location. However, the proposed lot dimensions and single family use are equivalent

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to all the adjacent properties on this block front, and so therefore the City Planning

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commission would recommend that the zoning board grant the variance thank you calendar number 2987

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1124 south 24th street my vote is yes with revised plans consisting of one page

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yes with proviso yes with proviso yes with proviso thank you thank you madam

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I'm pleased to share members of the board

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and have a good day.

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Thank you.

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Calendar number 2964, 1301 West Cumberland Street.

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Mr. Clinton is the attorney.

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Yes, he's just been promoted to panelists.

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Thank you, Fatina.

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good morning madam chairman hi mr clinton name and address please and spell your last name

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sure henry clinton c-l-i-n-t-o-n 1313 south 33rd street queen memorial building

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photo ppa 19146 and do you swear or firm to tell the whole truth

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photo ppa 19146 and do you swear a firm to tell the whole truth and nothing about the truth

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i do do you also agree to wave 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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refusal referral photos and or 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 i have done all those things

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accepted tax certification. My client paid a tax bill yesterday of about $1,500 and we're waiting

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for a receipt, which I think I'll have during the course of this hearing. Okay, you may proceed.

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Thank you. Can I share my screen? Yes, please.

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good morning madam chairman members of the board i'm henry clinton for the applicant 1301 west

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cumberland investment llc the principal of which is victor goer who is on the call with me and the

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architect is frank cuthbertson c-u-t-h-b-e-r-s-t-o-n he is also on the call this is my presentation

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binder which contains a table of contents which is aa through a10 my appearance statement the

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refusal this refusal concerns uh an i2 zoning district which is industrial as the board knows

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and the request is to convert this industrial building into 24 dwelling units if you notice

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on the refusal the board actually granted 24 units the exact same application now that it did in

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2014. Zoning permits, as the board know, really are only in effect for three years. My client

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tried to obtain financing during that time, was unsuccessful. In the process, he obtained an easy

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permit, boarded up the building, repaired the roof, secured the first floor, and basically waited

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until the climate got better from a financing perspective for him to move forward. That time

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period has now arrived, and he has financing in place, and he's ready to move forward.

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We met with the various community groups, in particular the 37th Ward RCO. They were aware

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of the prior application, and there were many of the same people on this call who were involved in

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the original zoning pyramid of 2014. So there's overwhelming support by the community, 14, excuse

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Excuse me, 16 folks voted in favor with the understanding that the developer was to do a few things, which they've asked to be provisos as part of this application.

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I'm sure Sharon can weigh in on this, but one is, and I'll show you from the aerial photographs when we get to it, my client owns adjoining parcels.

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And on adjoining parcels, he's going to carve out parking spaces for the sole use of the tenants of this building.

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We've also agreed to install lighting and cameras to light up the building, especially

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in the area of 13th Street, because there's an overpass there, which gets kind of dark.

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That's something we would do anyway, because it's advantageous for our building.

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And also, we're going to have a sanitation company for trash pickup, and also a property

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management company.

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These are the photographs of the building.

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you can see the train tracks here a little underpass here which needs to be lit up and

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that's why there's going to be lighting on this side of the building and we'll also have lighting

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on the other side of the building my client owns this vacant ground here and he's going to have

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parking from this building on an adjacent parcel behind this building there's a closer view you can

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see it's an old industrial building we're going to maintain the same footprint maintain the same

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stories, four stories. There will be six apartments on each story, 10 two-bedroom apartments, and then

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14 one-bedroom apartments. These are the plans which I can go through if the board so desires,

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but you can see it's kind of an attractive building once it's restored. It has nice arch

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window areas, a nice turn here on the left side of the building. Here's another elevation from

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the rear of the building. And this is the elevation from the two sides. Floor plans,

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again, as I said, four, excuse me, six apartments on the four stories, and the next of one and

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two bedrooms. This would be the front of the building on Cumberland Street.

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so again the rest of the documents are concerned

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