civus
Hearing video

ZBA Hearing - December 2, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Dec 2, 20206h 53m

Tanya, was this case already been, has it already been continued?

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It's number 10, Tanya.

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Yes, I believe it was continued before. However, just the one time it was scheduled. And I believe we've been having problems communicating with this applicant.

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Oh, never mind.

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I believe we have been having problems contacting this applicant.

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So if we could continue it, and I'll have Jason reach out to them directly.

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Do we want to put a must be heard?

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It's okay not to, because this was just taken in July.

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The application came in July.

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All right, thank you.

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0-0-1-2-6-3

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3-9-0-1

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North Reese Street

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is continued.

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Calendar number

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1-2-7-8-5-2-4-7

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Frankfurt Avenue.

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Wait a

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Frankfurt Avenue?

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That's a John Ward case.

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What page is that?

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I believe that was continued.

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Go to number 13, Carol.

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I think Cecily Moore Avenue

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was continued also.

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no that was another i don't have that no that wasn't continued this case we were going to hear

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so i'm going to 619 cecil b moore avenue calendar number one two eight six

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and the attorney is daniel mcelhetton

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thanks sharon if daniel can raise his hand

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Mr. McElhatton please raise your hand I have a hand to raise but it's good morning Mr. McElhatton

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Good morning, Mr. McElhatton. Please identify yourself with the records by your last name,

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please identify yourself with the records by your last name

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and I'll swear you in. He's been promoted to panelists.

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It appears that he is muted. If he could unmute himself.

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I'm unmuted. Did you get my name and address or shall I repeat it?

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Please repeat it. We didn't get it.

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Daniel P McElhatton, 2000 Market Street, Suite 1400, Philadelphia 19103.

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Mr McElhatton, please spell your last name for the court reporter.

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M Small C, capital E-L-H-A-T-T-O-N.

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

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I do.

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Thank you. Please proceed.

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Mr. McVeigh-Hutton, do you agree to waive the reading of the refusal and stipulate to its accuracy?

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I do.

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And have you emailed an exhibit packet with proof of ownership, tax compliance, 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?

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We have met with the RCO on two occasions, and we do have a letter.

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It's a letter which indicates a split decision, seven in opposition, two in favor, and that

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is also included in our packet.

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Great.

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You may proceed.

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All right.

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If I get the opportunity to share my screen.

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Are we good?

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No.

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Not yet.

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Not yet.

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Okay.

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I'm still working on sharing the screen.

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sorry mr chair working on it

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if i might use this time while we're trying to get our screen to explain what the project

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is. This is a request for a two-family dwelling where the RSA 5 only allows one family and

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the property is at 619 Cecil B. Moore. It is currently a vacant lot. The property to the east

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at 617 is currently zoned as a two-family dwelling and that was approved by the board

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in the past two years. 621 Cecil B. Moore has been approved last year as a three-family

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dwelling. That is currently under construction. The RCO, we met twice with the RCO, and it was

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indicated that their concerns were around the issues of parking, and the parking is on-street

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parking I would note for the board that the approval here of a two-family would

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actually practically result in the loss of no spots on the street because if it

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were as of right it would be the single family which would allow up to five or

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six bedrooms. And the, can you, is my screen up now? Yes. Okay. And the, you know, the concern of

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the RCO at the meeting we had was for stormwater management, which is a citywide issue because

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they said there's some flooding at the intersection of Cecil B. Moore and Marshall. But in terms of

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parking, if we do it as of right, it would considerably increase the parking. And the

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RCO also had questions about the trash. I think that that was addressed also because the architect

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raised the building up a few feet to be able to put storage for trash underneath the front steps

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in a locked area. So that was addressed in the revisions to the architect's plans. We also filed a proviso with the

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architect's plans. We also filed a proviso with the board with regard to the plans where

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originally the lot was listed at 16 and one-half inches. We revised it to the accurate

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it's 16 and 3 eighths. So it actually reduced it from the size. The corrected note at the third

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floor on the plans also say that it's unit two instead of unit three. This will be a two unit

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condominium. It will not be apartments. The condominiums will be obviously sold, but the

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first floor unit is about 1,025 square feet, which is the basement, which is not to be used as a

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living area it's the first floor and the basement will be a den area but not not a bedroom the

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second unit is the second and third floors and that excuse me could you enlarge the floor plane

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a little bit please it's if you can make that larger that would be helpful yeah let me

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is that better Mr. Chair

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we lost it okay

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if you can do a little less than 300 percent maybe 200

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that's good that's good thank you you're welcome so you can see that it's the pilot house is on

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top of the second floor or second unit unit two which is the second third floor unit one and

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indicates the first floor only. So I think the concerns of the RCO APM are legitimate concerns

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except that if this is not permitted then there'll be a use that is significantly

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possibly more intrusive. This is what the lot looked like and this is the projection of what

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our building will look like here. Currently this lot at 621 is being developed and you can see that

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in and there's the there's the current projected building and you'll see in the photographs of

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the existing conditions.

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621 is it being it's being developed as a multi-family three three units sir three units

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thank you and that's this is the lot currently and this is the the current unit in uh in

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construction at 621 um the uh the trash storage was addressed uh we believe that this is an

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appropriate use. The single family is very difficult in this area, and because it's also

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inconsistent with what the community wants, as the proximity to Temple University and Temple's

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expansion increases, community would like to have less student housing. And if it's a six-bedroom

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house, that is ripe for student housing as opposed to two families that might be in two separate

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condominiums. The area is undergoing renovation. There was properties across the street that

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have been recently developed. So I would ask that you unmute and promote the owner, Nate Oda,

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who is the principal of 1A Development and Contracting, LLC, to join the meeting so that

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he can confirm possibly my testimony before the board.

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So he would have to raise his hand.

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And Jason, you can just open up his audio.

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No promotion necessary.

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Problem.

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Nate?

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One second, I'm allowing to talk and become a panelist or just allow to talk?

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No, just allow to talk.

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Thank you.

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Understood.

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Mr. Atta, you are now allowed to talk. Please wait to be sworn in, sir.

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Good morning, sir. Please identify yourself for the record. Spell your last name.

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Good morning. My name is Nathan Ota, spelled O-T-A.

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We're infirm to tell the truth, the whole truth, and nothing but the truth?

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Yes.

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Thank you, Mr. McElhatton.

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Thank you. Mr. McElhatton.

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Nate, you've heard my testimony this morning before the board.

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Nate, you've heard my testimony this morning.

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Is that correct?

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Yes, I have.

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And if you were present and wanted to testify, would you confirm and adopt my testimony as yours?

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Yes, I would.

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All right.

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Thank you.

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Mr. Chair, I've also put up on the screen the south side of the 600 block of Cecil B. Moore.

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And you can see that there is no parking on that side.

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I mean, there's no extensive parking.

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and there's no housing directly across the street.

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So on-street parking for two condominium units

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we don't believe would be a burden to the community.

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Thank you.

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Any questions from the board?

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No.

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No.

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I want to.

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Anyone else would like to testify in this case?

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If so, please raise your hand.

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Chair, at this time I have Ms. Mary Jones,

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whose hand is raised.

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I will allow her to speak right now.

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Morning, Ms. Jones.

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Please identify yourself with the record.

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I'll swear you in.

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Good morning.

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Mary Jones, Council President Darrell Clark's office, City Hall, room 494.

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Where do you from to tell the truth, the whole truth, nothing but the truth?

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I do.

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Thank you.

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Please proceed.

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yes um our office is in receipt of a letter of opposition from the rco um stating uh seven in

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opposition two to two and so we just adopt the position of the rco and opposed experience thank

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you thank you mr mclahatton what was the objections that were raised i'm curious because i see a

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multiple, not a lot of properties on this block are multi-family already.

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The RCO report is attached as one of the exhibits and they gave a, as APM normally does, they

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give a chronology of things and they indicated that the first one is the two units and that

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parking was increased congestion or traffic and then they mentioned the flood you know the flood

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plane and the flood water matters possible flooding was raised and you know that was they had a series

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of questions the question was will the builder live in the property we answered that no and that's

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this is at tab 21 of our exhibit and they indicated that the properties they had a question about

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condominium sales and we indicated that with a condominium sales would be to whoever buys the

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particular unit unit one or unit two they asked how garbage would be handled that we indicated

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that building would be lifted to hide the trash discreetly under a gate and this is what the

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architect did in the revised plans and they also planned to install exhaust fans in the closets.

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The next objection was the storm water which I think we've addressed and the architect responded

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also they'll plan to install black backflow preventers and other things to install protections.

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That was one of the reasons why in the original meeting with the RCO the first floor the first

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unit one had a bedroom in the basement. We agreed to take that out because of prior

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flooding in the general area. And then they had questions about what the sales price would be

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and what the homeowner fees would be. We deferred on that because that's up to the two particular

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owners. Correct me if I'm wrong. The opposition was not basically related to the density,

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the fact that it was multifamily. Is that accurate? That's correct. I think the opposition

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was more community-based in terms of parking is a significantly difficult issue throughout the

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community where APM, more so in certain areas, the area across the street from this unit,

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as I pointed out, has an open area that doesn't have housing on it. So this may not be as intense

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as in other areas. So I think their experience has been that it increases density. This we don't

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believe does. In fact, it would reduce density if, in fact, a blasterite was built.

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Yeah, understood. Thank you. Anyone else wish to testify in this case? If so, please raise your hand.

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No further answer at this time, Mr. Chair.

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Thank you. Planning Commission?

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Good morning. Brian Wenrich, Planning Commission staff.

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This property is indicated for residential use on the comprehensive plan near to RM1 zoning in

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an area with new multifamily construction along Cecil B. Moore Avenue. Accordingly,

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we have no objection to the granting of the variances for a two-unit owner-occupied condo.

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Thank you. 001286619, Cecil B. Moore Avenue. My vote is yes.

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Thank you. 001286.

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My vote is yes. Excuse me, is that with revised plans?

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Yes.

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I'm sorry. How many pages?

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One page, sir. Submitted.

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Okay.

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Part of the package.

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All right. Am I? Let's go. 001286619, Cecil B. Moore Avenue. My vote is yes with the revised plan.

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