civus
Hearing video

ZBA Hearing - September 11, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Sep 11, 20245h 12m

in the commonwealth of pennsylvania right yes that's correct all right and and you're familiar

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and experience in renting out commercial units

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in the city of Philadelphia?

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Yes.

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Okay.

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And, you know, your office has attempted

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to rent out these two units on North Front Street, right?

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That's correct.

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Yeah, we've been trying to get these rented

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for a little over five months now.

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Okay.

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And, you know, again, just to give the board

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some flavor as to location,

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This is just off of the L on North Front Street, right?

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Correct.

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And you have had no interest from anyone, essentially, to rent these commercial units?

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Yes, no interest.

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It's a very tough area for a commercial property like that.

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All right.

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Thank you very much.

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Questions or comments from the board?

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I have a question.

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Are these two bi-level units with the lower level being in the basement?

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That is correct.

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Okay.

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And did I see window well prints on the drawings?

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There are window wells in the front for each of them.

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Alan, that was on the drawings?

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I think so.

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Let me take a look.

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Let me share.

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It wasn't.

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It were not.

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I believe that, well, if there's living down the basement, there would have to be an installation of window wells.

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So, and that would be a building code requirement.

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So, my understanding, I didn't provide the full packet of materials because, again, what we're trying to do is merely swap out the commercial unit for residential units.

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I can look at the full, I can provide the full packet.

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That was the construction drawings.

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And just for commercial, did I hear that they were just on the market for five months?

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They were on the market for five months, but before that, they were marketed as well.

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This is a building that's in construction, and there's been no interest in terms of commercial, which is not uncommon because there are at least a half a dozen instances of CMX2 properties similar to us, which have full residential on the ground floor.

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on the ground floor.

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this was

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Was this a buy-write project?

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was

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Oh, this was a buy-write.

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Yes, the 18 units plus two was a buy-write project.

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Again, we're also in the MN,

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which as the board probably knows

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is a really difficult proposition

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for many developers to build in.

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So they built there

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and it's been a challenge

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with construction costs and interest rates.

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They have also added to that with respect to adding affordable units under the Affordable Housing Program for 50, you know, it's moderate income, so 50% AMI.

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So they have right now, they have, let me make sure I'm accurate here, they have three units at 40% AMI and two units at 50% AMI.

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And they made it a deal with the community organization to have these units affordable for a certain period of time.

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Questions?

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I don't know if it's a question, but what we're looking at here, I guess, is once you

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did the payment in lieu, we have a density issue here where you're asking for 20 units

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in effect, when according to the lot area, you'd only have permission by right to have 12 units.

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So, I mean, you did a significant change in the project by doing this payment in lieu.

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Well, we didn't do a payment in lieu. We added the units themselves. So, again, I disagree with

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the refusal i think because we're in the the men we're allowed um we're allowed 15 16 units i'm

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sorry 16 units and then because we are you know we also availed ourselves to the affordable housing

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bonus program we're additional two units so really we're we're allowed 18 units that's why i provided

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the zoning permit um as part of my exhibit packet so we're not it's not a a variance request to go

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from 12 residential units to 20 it's going from 18 to 20 and we have 20 units here it's just two

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commercial units and you know because of our location we have been unable to rent them and

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we feel no confidence given our marketing experience with this property that those

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commercial units are going to be able to be rented. That's why we're looking to add those

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two residential units. Okay. And that's what it says in the refusal?

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Well, the refusal says for the expansion of the previously approved multifamily household living

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18 units to occupy at 100% of the proposed structure, no permits for construction have

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been issued and increase the unit count to 20 dwelling units. So in the refusal itself,

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the description states that we were approved for 18 units just based on the affordable housing

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programs, both the overlay and the bonus program. We're allowed two commercial units and well,

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we're not allowed. We're supposed to have two commercial units on the ground floor

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as a CMX2 property, and we're asking for a variance to

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essentially convert those two commercial units into residential units.

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Thank you.

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Any other questions? Questions or comments

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from our attorney? Hillary Emerson.

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Just to, I think where I was

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confused is the examiner on the refusal included a note that said you had you changed to payment

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in lieu for the min overlay so that's where it seemed like um there had been a change but yeah

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it sounds like you you went through two programs and so do you you still have affordable units

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based on the mixed income housing bonus,

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but you've done the payment in lieu

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for the mint overlay, is that?

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No, I would ask Mr. Aronovich

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if he can virtually raise his hand.

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I think he would confirm my understanding,

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but maybe I'm wrong.

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My understanding is that we're providing the units,

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but maybe we're not.

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So I think it would be helpful.

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mr ronovich yes we're we're providing all the units

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Mr. Aronovich?

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Yes, we're providing all the units.

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both the overlay and the um and the extra bonus ones

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and that's why i thought too that's why i i forgot to object to the uh refusal because

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it's incorrect in in that we're not going from 12 to 20 we're going from 18 to 20

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okay and we're providing all we're we're not doing any payments under those programs we're

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doing the we're providing those additional units as affordable okay so for clarity you said there's

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currently five affordable units two at 40 percent ami and three at 50 percent ami

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well i think 43 at 40 percent ami and two at 50 did you say that no i thought i thought you

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i said the opposite which is what i thought you said when you presented earlier maybe i mistake

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mistakenly said that and the two new units have been agreed upon in an agreement with

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north square civic association to be affordable undefined for a period of time undefined no not

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Undefined. No, it's actually, we have a community.

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We didn't hear it yet, so.

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Yeah, and I believe, and it's the Norris Square Community Action Network. It's not the alliance.

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I think it would be helpful. I think my understanding is that some representative from the group is going to appear at the hearing.

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So maybe if they're there, maybe they can confirm, you know, our understanding.

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And then I can also look for the benefits agreement to define it a little better.

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Alan, so basically on top of the affordable units that we already have, the three and the two,

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we agreed on two additional ones to partner with Valley Youth, which is a transition program for young professionals.

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So in total, you'll have seven affordable units.

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Yeah, I think they want to know the exact requirements. Let me just take a look.

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So I want to, I'm specifically asking around AMI because per the min overlay, 20% of the units have to be at 40% of AMI or below. At 18, you were at 20, you were barely at 20% at 40. Well, you were hitting it. But at 20, you would need one more unit at 40% AMI to meet the overlay.

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Which is why I was asking.

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I think

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you have to round up to the nearest unit

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which would be

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4 at 40%

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not 3

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yeah I'm having

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problems unfortunately with my computers

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circling around so I'm having problems

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getting onto my

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drive with the client drive

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but

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hold on a minute is there anyone in the

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virtual audience

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from the Norris Square Action Network.

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I see no hands at this time, Chair.

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Chair, I'm sorry, Chair, we have Nilda Pilmantel

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from Norris Square with their hammers at this time.

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Yes, I believe that individual is high.

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Could you please state your name

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and spell for the stenographer?

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Yes, good afternoon.

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My name is Nilda, N-I-L-D-A, last name is Pimentel, P-I-M-E-N-T-E-L.

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Do you swear or affirm to tell the truth, told truth, nothing but the truth?

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I do.

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Would you offer some insight into this project?

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Sure thing, Mr. Chairman.

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Good afternoon to you and the members of the board.

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Prior to the Sony meeting that we hosted on the 26th of August, we met with the appellant and

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his attorney on actually two occasions, which is a practice that we have when we receive an

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application in order to gather more detailed information about the project, about the proposal.

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And at that time, we provided some feedback and also made some recommendations.

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We also toured the building, which is also a practice that we have.

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And one of the requests that we made was to establish an affordability period

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for the two units subject to one of the refusals today.

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They agreed.

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They also agreed to other recommendations that we made, including mentoring a young person in the areas of real estate development and construction, and also support for a number of community projects.

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project. This application was approved unanimously. Actually, it was by 20, a total of 21 residents

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This application was approved.

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that attended the meeting. With the proviso that the appellant satisfies, the terms agreed.

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We also feel that from a zoning perspective, this project is not going to fundamentally alter

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the current zoning context.

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In fact, we believe that the proposed changes

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of the conversion from commercial to residential,

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if approved by your board,

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will help enhance the block,

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populate a block where we need more residents.

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And that's one of the reasons

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why we have a very low demand.

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At the moment, we have had that problem

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over the past two years for commercial space.

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The demand for commercial space is very low and we need more residents in that block.

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We also feel very strongly that the public benefit awaits any risk or any other weaknesses

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because setting aside those two units, affordable units for two young adults that are transitioning

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from the foster care system is going to really provide a benefit to people that may be locked

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out of the housing market, the market. So the overall benefits, we believe, are considerable

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in our view. And because they also were very receptive to engaging our group, our RCO, and

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other groups in the area in terms of the marketing of the affordable units and referring income

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eligible families we decided to endorse this application. So do we have anybody who has

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questions of Nelda? Alan? No I don't. I mean I think she's stated you know the extensive

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discussions we've had in the community benefits agreement.

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And again, I didn't bring up the other stuff because, again, it's not Sonya related, but

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we have entered into a comprehensive community benefits

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agreement that's thoughtful.

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Is there anyone else in the virtual audience? Thank you, Nelda, by the way.

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You're welcome, Mr. Chairman. Thank you.

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Is there anyone else in the virtual audience?

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Okay. Any board members with any other questions?

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Planning. Yeah, this is Ron Bednar, city planning.

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Properties indicated for commercial mixed use on a city plan or adopted district plan

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recommends no change to the existing zoning at this location. Recommend that the requested

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variance for any additional residential units not be granted.

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um alan i i don't want to have to hold this but i'm going to hold this because we had so much

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input from different board members so i'm going to wait to hold this till next week

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and i'll vote on this at two o'clock yeah i just would like to comment that it's not out of

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character to have residential living on the ground floor of a cmx plot property on this block

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Just to reiterate, 2504, 12, 22, 26, 38, 42, and 44 are, my understanding, all CMX2 properties, which have ground floor residential use.

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Thank you very much.

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We will vote next Wednesday at 2 p.m., okay?

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