civus
Hearing video

ZBA Hearing - March 17, 2021

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

A clear hardship.

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This is a long, decades-long history of mixed and multifamily use, and to operate this as a student family.

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Can you tell me what the provisos are?

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that the RCO requested?

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One is the trash storage, I assume.

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Excuse me, this is Sharon Saleta.

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I was actually going to go through those.

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Number one is the first floor

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be a business professional office

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for one law office.

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You can add that as a proviso.

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Second floor will be one dwelling unit

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owner occupied by the attorney.

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You cannot add that as a proviso.

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You cannot make the variance contingent

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on the owner occupying the property.

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Third floor will be one dwelling unit

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rental you also can't specify that it be a rental and i believe that it is already part of the

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application that the third third floor be a dwelling unit basement will be used for number

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four basement will be used for storage mechanicals and utilities only that can be a proviso number

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five there will be not a non-illuminated flat wall sign for the law of office mounted on the

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front facade you can't add that as a proviso because there is no signage included in this

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application so this boils down to two first floor business one law office and third floor one

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dwelling unit basement storage it will just be the only thing you would need to add would be the

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first floor will be used as a law office and the basement will be used strictly for storage

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mechanicals and utilities okay we would defer to sharon on this um the fifth one uh the flat wall

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uh 12 by 12 sign i believe is as of right so i'm not concerned about i believe mr bandetto would

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want to be able to put a sign up but i think that's as a matter of right you get a foot by a foot um

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or like a law office. So that should not be an issue. But we'll defer to Sharon on this.

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Yes, it's that's not the problem. It's only that it isn't before the board. So they can't make any

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proviso relating to it. It might well be as of right, in which case you can get a permit. And

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if it isn't, you would come back for another variance. And also, I did check for tax compliance.

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there does seem to be a significant tax issue.

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Mr. DeMarco, do you want to just notify the board

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when you are prepared to have this voted?

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prepared to have this voted yeah i would like to not have to come back for another hearing we will

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Yeah, I would like to not have to come back

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for another hearing.

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We will...

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forward the tax clearance um when it's available uh yeah we just don't want to have to do no

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opposition here we don't have to come back and we'll take care of the taxes okay thank you

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thank you planning commission i'm sorry if i could um we didn't request the public i know i didn't

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Thank you for reminding me. Is there anyone else who wants to testify, including representatives of RCOs, council reps, and members of the public? If so, please raise your hand.

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Vice Chair, we have Peter Zutter. You've been unmuted, sir. Please unmute yourself and wait for the Vice Chair.

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Can you hear me?

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Yes, Mr. Zutter.

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Okay, yes.

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Can you put your name on?

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My name is Peter Zotter.

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And can you spell your last name?

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Are you there?

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Please unmute yourself, Mr. Zotter.

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Okay.

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Can you hear me again?

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I can.

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So your name is Peter Zotter.

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Can you please spell your last name?

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Sure.

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It's Z-U-T-T-E-R.

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Okay.

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And do you swear or affirm to tell the whole truth and nothing but the truth?

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i do okay you may proceed so um yeah we did meet with this applicant um we had no objection

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uh with the provisos that were read um we we do become concerned if these

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provisos are not acceptable to the board um they are important to us because if the property changes

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hands um something like the the business use on the first floor could mean quite a bit that is

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not really good for the block um sir are you representing yourself or an rco i'm actually

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president of the south broad street neighborhood association okay so i'm sorry i think i said that

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while i was muted um okay i also do live at 1440 south broad street so i am very close to the

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property right um and i believe that in rsa 5 the the amount of signage for a uh a variance for a

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business is quite large we went through this on another property and uh this is why we're asking

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for uh this limitation um i'm wondering if we would be able to do a written agreement with

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the applicant to cover these provisos that cannot be covered by the uh by the zoning board and by

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your decision uh that would be up to you and the applicant right is that uh we can't order that you

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do that no it's it's a question to the applicant and to uh his attorney uh yeah i mean we look

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We'll have whatever. We certainly don't have a problem with the provisos, but I'd be happy to have a discussion with you about it.

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Okay. Thanks, Rich.

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Yeah, no problem.

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Okay. Are there any other people who would like to testify?

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I see no hands, Vice Chair.

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thank you so calendar number zero planning commission thank you i see your smiling face

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thank you uh ian hegarty for the philadelphia city planning commission the comprehensive plan

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recommends a zoning map change at this location to rm1 the comprehensive plan also includes

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recommendations to increase residential density and availability of commercial services on broad

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Street. The proposed variance conforms to these recommendations, and as Council noted,

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the proposed use is consistent with previous documented uses on this property. So taking all

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this into account, the City Planning Commission recommends that the Board grant the variance.

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Thank you. Thank you. So calendar number, yes. I'm sorry. If we could then close the record and

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And hold the vote pending receipt of evidence of tax compliance.

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Okay.

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Thank you.

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Calendar number 0070, 1615 South Broad Street.

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The record is closed on this, and we will wait to hear from you, Mr. DeMarco.

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On the tax clearance?

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Yes.

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Of course.

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So we'll hold this until we hear from you.

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Okay.

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I thought Sharon just said you would vote at pending tax clearance, but don't let me interfere, please.

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but don't let me interfere, please.

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No.

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No, Sharon, you didn't say that, did you?

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Sharon, you didn't say that, did you?

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No, they will hold the vote.

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No.

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Okay, sorry.

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The record is closed aside from documentation

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establishing tax compliance.

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Very well, thank you.

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Thank you.

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That's fine.

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It's one of those days.

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Thank you, you too.

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Yes, exactly.

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Have a good day.

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I'm not finished my coffee, Madam Chair.

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Well, hurry up.

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Okay.

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I'm a good one, everyone.

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Thank you, you too.

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Thank you.

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um calendar number 1405 1740 north marshall street the attorney is alan knockamson

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mr knockamson has been promoted to panelists thank you mr knockamson can you put your name

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and address on the record and spell your last name uh yes uh good morning uh madam vice chair

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members of the board my name is alan knockamson of knockamson pc a-l-a-n last name knockamson

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n-o-c-h-u-m-s-o-n address one two three south broad street suite 1600 philadelphia pa 19109

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do you swear or affirm to tell the whole truth and nothing but the truth i do thank you do you

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also agree to wave the reading of the refusal and stipulate to its accuracy i do have you

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emailed the exhibit packet with proof of ownership tax compliance, a copy of the refusal or referral,

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photos and or plans of the property five days in advance of this hearing and have you met with the

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RCO and do you have a letter? Yes in all respects except I do not have a letter from the coordinating

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RCO. We have met with them. We've made attempts to receive the letter on multiple occasions and

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HAVE NOT RECEIVED ANY COMMUNICATION. I DON'T KNOW IF THIS BOARD HAS A LETTER. WE DO NOT.

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THIS IS SHARON. MS. JONES FORWARDED US A LETTER LAST NIGHT.

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ALSO WE HAVE A LETTER IN OPPOSITION FROM THE COUNCILMAN.

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GOTCHA. ALL RIGHT. CAN I SHARE MY SCREEN?

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SO YOU MAY PROCEED AND PLEASE SHARE YOUR SCREEN.

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AND THEN WE ALSO HAVE REVISED PLANS FOR THIS PROJECT AS WELL.

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So here today I am presenting 1740 North Marshall Street.

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It's a block of Philadelphia that this board has heard on variance requests on many occasions

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and have approved variance requests for multifamily use on numerous occasions over the years.

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There are a number of multifamily structures of similar quality and similar dimensions.

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And we're looking to obviously take a variance for a three-unit condominium at 1740 North Marshall Street.

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So along with me are the owners, Kyle Perlman, as well as Stella Siegel, who, just as a matter of background,

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Ms. Siegel intends to live on the first four units of this property, of this three-unit condominium.

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Along with Mr. Perlman and Mrs. Siegel are his architectural team at Harman Deutsch so they can answer any technical questions.

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So here's a deed of the property showing that Mr. Perlman and Mrs. Siegel own the property at 1740 North Marshall Street.

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After that, you will see the tax clearance certificate.

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it. You'll see that no taxes are owed 2021. Taxes are not due until March 31st, but everything

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before 2021 have been paid in full. You'll see the notice of refusal. So this is an RSA-5 property

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that the only refusal we're seeking is to allow for three dwelling units in this RSA-5 property.

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There are no dimensional variances, and the square footage of the property, if this was an RM1 property, would allow for three units.

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In addition, if you look at the zoning file for this property, it has a history of multifamily use.

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There's no indication in the file that this property has been anything but multifamily over the course of its history.

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Currently, it's a vacant lot.

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After that, we are proposing revised plans. We provided them in advance to Mrs. Saleta, but the revised plans, we modified the building footprint, but which does not generate any new refusals or increase the degree of requested variances.

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we removed the rear deck on the second floor so we have been in communication with residents

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in this community and we'll kind of set forth why you know we believe that the community's

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in this community and we'll kind of set forth why you know we believe that the community is actually

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in support of this project we modified the size and location of the pilot house which does not

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generate new refusals or increase the degree of requested variances again at the you know after

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talking to many neighbors who are now in support of this project we removed the projected bay at

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the second and third floors again to have something that looks a little bit more traditional

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Philadelphia rather than having the base again to obtain the support of the neighbors and

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we updated street furniture and encroachments on the property.

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This is our application appeal to the Zoning Board of Adjustment along with the Notice

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refusal and the project information form and then here is our zoning map showing where we are in the

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neighborhood where between montgomery and cecil b moore and six and seven streets

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and then here are photographs of the property so right now as i indicated this is a vacant lot

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to the right of us is also a vacant lot we did obtain we have a letter of support from the

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neighboring property owner at 1738 north marshall street and you'll see in our packet of materials

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we have a petition that we generated with neighbors on that block in the surrounding area we have 32

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signatures in support we also have 11 letters of support of people on that block in the surrounding

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area, including the person at 1738 North Marshall Street. Mr. Perlman actually lives at 1747 North

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Marshall Street himself. So here are pictures to the right of the property, to the left of the

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property, and then here are similar projects. 1738 is a multifamily structure. 1744 North

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marshall street is a multi-family structure 1753 and 55 north marshall street are multi-family

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structures and these are the only the only ones i'm referencing are the ones that are actually

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rsa5 properties 1747 north marshall street is also a multi-family structure have you spoken to mary

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jones since you've made all the revisions uh no we haven't we we have not um i i know that it's

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just the council's position you know from from previous hearings that anything that's rsa 5

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you know there i think it's a and i'm not going to want to speak from mrs jones i don't know if

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she's online but it's typically their position you know to keep the rsa fabric and within some

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communities, even though, again, this property has never been single family. It has a, if you

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look at the zoning file, it has a multifamily history. Excuse me, this is Sharon Saleta. The

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letter from the RCO, the coordinating RCO that Ms. Jones sent me yesterday is a letter in

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opposition. No, I get it. And Ms. Saleta, again, we've made numerous attempts to get the letter. So

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So I typically like to see the letter beforehand, especially when it's opposition, to see what their grounds were.

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My understanding is that there were only two people at the meeting and only two people voted and both voted in opposition.

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And my understanding is that one of the two people now, they don't even live in the neighborhood.

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They haven't moved since.

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Can you tell me who the RCO is?

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I believe it's APM.

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And this is Sharon.

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I have a letter up in front of me.

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I am trying to forward it to you, but for some reason I haven't been able to do that.

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There were two attendees.

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The letter is dated September 17th, and the two attendees voted in opposition.

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Yeah, so our office was not involved in the community meeting.

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Again, my clients, again, Mr. Perlman, he lives across the street at 1747 North Marshall Street.

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Given the history of it always being a multifamily structure, and again, Harmon Deutch actually

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