civus
Hearing video

ZBA Hearing - August 10, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Aug 10, 20224h 29m

to use as a parking lot for church members. And that existed up until fairly recently.

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and that existed up until fairly recently. Now, the current proposal, which I will bring up for

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you at Exhibit 6, so you can see on the zoning plan, is for the erection of a new three-story

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structure to contain 19 dwelling units. Now, in connection with the community's desire to see a

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mix of unit types and price points, this proposal will include one, two, and three-bedroom units,

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all ranging from 640 square feet all the way up to 1600 square feet. Trash will be stored in the

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rear and will be collected by a commercial trash hauler. My client, Brahim, will intend to manage

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this property himself. I'll just bring up a rendering of what you can expect this to look

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like. Now, regarding the refusal, this property only, this proposal only received one refusal

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for the proposed multifamily use. No dimensional variances are requested and the proposed

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structure complies in full with the provisions of the zoning code.

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Based on the information submitted to the board, we do submit to a hardship here given both the

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history of the property, the size of the property, as well as the context of this neighborhood and

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A spell for the court reporter.

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Chair, I see no hands up at this time.

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Counsel, you're an officer of the court.

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We'll take your testimony.

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Thank you.

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Could you, before we go to the whole board, could you show the existing block again?

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I would certainly do that.

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Okay.

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and where where's the other 15 unit building right here right here at the corner okay thank

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you questions from the board no mr chairman no mr chairman no mr chair questions or comments

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from the virtual audience.

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Chair, Ms. Verlagos' client has his hand up now.

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Fine, thank you.

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Hi, could you state your name, please,

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and spell for the court reporter?

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Rahim Igladen, last name is I-G-H-L-A-D-E-N.

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

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Sure, I do.

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Proceed.

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I'm sorry.

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I'm sorry, Meredith.

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May we ask him for his first name spelling as well?

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Thank you.

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Sure.

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Sorry about that.

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Brahim, B-R-A-H-I-M.

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Brahim, have you been on to hear all of my testimony given to the board this morning?

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Yes, absolutely.

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And would you agree that all of that information is true and accurate?

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Britton, would you adopt that testimony as if it were your own?

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Yes.

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Okay, thank you.

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You're welcome.

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Questions or comments from the virtual audience?

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Chair, we have someone by the name of Cleveland Edwards.

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Mr. Edwards, you can unmute yourself and wait for the chair, please.

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Good morning.

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

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It's Pastor Cleveland, C-L-E-V-E-L-A-N-D, Edwards, E-D-W-A-R-D-S.

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

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Yes.

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Proceed, counsel.

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Proceed, sir.

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Well, I'm the one that Mr. Brahim purchased the lots from.

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i'm right over from uh where this new building will be built and i think it would be good for

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uh not only the neighborhood but i have some seniors that are pretty well off and they want

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to move closer to the church and uh we were looking for them to get some of those apartments

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there because in wintertime come it's it's pretty hard for them to get to the church

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The church is located at 626-632 North 38th Street, right, or directly across from them.

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So I'm 100% behind this movement, and my congregation is too.

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Thank you, Pastor, for calling in.

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Are there any other comments from the virtual audience?

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Chair, we have Ms. Gwendolyn Morris.

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Ms. Morris, you can unmute yourself and wait for the chair, please.

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Hi, could you please state your name and spell it for the court reporter?

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Gwendolyn Morris.

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Gwendolyn, G-W-E-N-D-O-L-Y-N Morris, M-O-R-R-I-S.

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

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Yes, I do.

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Proceed, please.

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Good morning, everyone.

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I'm the secretary of the Mantua Civic Association, a 50-year resident of the community of Mantua,

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and was real excited about the possibility of development going on in this particular part of our community.

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We've used that little park on the corner.

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We built that little playground from resources from the Trust for Public Land.

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But when we go there, every time with kids, it's vacant land to the north, vacant land to the south.

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It is quite scary to me. It's quite dangerous. That area of the community has a lot of vacant

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space. And with the displacement that's going on in the city for families, for individuals,

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I believe that this would be an asset to our community. Mantua is slowly developing

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what I believe a community should look like. That vacant property has really been an eyesore

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and we really are excited, if you notice, overwhelmingly.

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And we really are excited. If you notice, overwhelmingly, the residents supported it. The church that's right close by, we have a new community center where we work with children all the time within walking distance. They use that space that's adjacent to this vacant land. So we wholeheartedly as a community support this particular project.

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Ms. Marsh, thank you. We appreciate you calling in. Is there any other comments or statements from the virtual audience?

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Chair, I see no other heads at this time.

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Planning Commission.

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Thank you, sir.

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Good morning.

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David Fecto, City Planning Commission.

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The comprehensive plan recommends no change to the residential single-family zoning at this location.

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The zoning maps were changed in 2017 from multifamily to single-family in accordance with the comprehensive plan.

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This is an approximately 7,100-square-foot lot.

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If the applicant adjusted their lot lines to create fee-simple lots, they could build seven single-family units, assuming they had the correct dimensions.

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So 19 units are not the minimum variance needed to grant relief.

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We will also note that the promised affordability of units cannot be enforced by any city agency.

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So the City Planning Commission recommends that the board approve a multifamily residence, but limited to a maximum of seven dwelling units, which would be allowed in the RSA 5 zoning district.

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Mr. Chairman, if I can address two issues.

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Number one, established case law has always held that a property owner should not be required to subdivide their lot and change lot lines in order to comply with the code.

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And applying single family density to a lot that was formerly zoned for multifamily use is really not an appropriate measurement of a least minimum variance.

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And furthermore, as it relates to the affordability, this particular client has worked with Mantua for the last 20 years.

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And so to suggest that if he makes a commitment to the community to provide two affordable units and he goes back on that commitment to suggest that, you know, there's no enforceability of that, I think is really not at all accurate because it's his word to this community that he's worked with for, you know, 20 years now.

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So, you know, short of a recorded document, I personally believe that that's a very strong commitment that he's making to this community.

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All right. Thank you. MI-2022-001-687-3725 Mount Vernon Street. I vote yes with the following proviso. This decision applies only to 3725 Mount Vernon Street, OPA number 242076922.

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Thomas Solomon, my vote is yes with proviso.

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James Snell, my vote is yes with Proviso.

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Ishmael Shaheed, my vote is yes with Proviso.

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Thank you, Mr. Chairman.

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Number 10, MI 2022-001-813-450 Sloan Street,

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Vern Anastasio. Letter of support from the West Poulton Saunders Park RCO. Letter of support

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from adjacent neighbors. Chair, Mr. Anastasio is coming back in as a panelist now.

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Morning again, Mr. Chair. Morning. Just state your name, please. You've already been sworn.

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Sure. Vern Anastasio. A-N-A-S-T-A-S-I-O.

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Could you identify your client in relationship to the property?

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Yes. I represent Mr. Parwama Basari Development Company.

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Our board secretary has a few questions.

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Thank you.

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Morning, counsel.

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Good morning.

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Do you agree to waive the reading of the refusal and stipulate it to its accuracy?

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I do.

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Did you email all of the exhibits and documents as required, such as proof of ownership, tax clearance, copy of refusal or the property within five days in advance of this hearing?

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Did you meet with the RCO and do you have a letter?

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Yes, I do.

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I met with the RCO twice.

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great please proceed and show your screen thank you i believe my screen is shared

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and hopefully technically everything will go smooth this is the property in question uh it's

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got a long history of commercial use storage um we think there were stables there at one point

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We think there were stables there at one point. Then there were hot dog carts. But although it is, the underlying district is RSA 5, the fact of the matter is it's never been, at least in the history of the zoning archives and the documents that we have, it's never housed a single family home on this particular lot.

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Then there were hot dog carts.

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And across the street, which is also RSA 5, are several multifamily dwellings as well.

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So what we are proposing here is for the demolition of the existing structure, the little carriage cubbies, and to develop the property on the corner as a three-family dwelling.

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let me show you we have we take up here's the three family dwelling and it's 296 square foot

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lot we would have a rear yard with three separate trash receptacles which would be

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accessible by all three clients from the exterior there would be a gate where folks

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would put out the trash and of course the property management company would be responsible

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for pulling these receptacles and putting them out on the sidewalk. I'll run through

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the layout briefly. We have an open layout living area and a one bedroom

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on the first floor up the side stairs to living room dining room kitchen very open layout

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with a full bath and a nice large one bedroom again on the second

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and through the rear stairs again large open plan living room dining room kitchen

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and then, again, one bedroom back at the top of the property.

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Here are some photos.

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These are residential single-family and some multifamily homes on the block adjacent.

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We do have a letter of support in my exhibit packet from the owner of this particular property right here.

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We met with them and were able to come to an accord to ensure the integrity of her home during construction.

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There's proof of posting.

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We have a deed in the exhibit packet.

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We have our RCO mailing that went out once but twice.

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And. Page 19 of my exhibit packet is a letter from Mrs. Manley, who lives at 448 Sloan, and she is a letter of support.

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And she lives directly to the north is the property that I showed you, and we met with the RCO, as I said twice, overwhelming majority support the project.

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In fact, this is not a position of non-opposition. It is, in fact, a position of support.

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So with that, here's the proof of mailing.

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103 individual households mailed, not once, but twice.

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We have a tax certificate because of the nature of the history of this property, the unusual shape of the property,

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And because it is on a corner lot with the support of not only the adjacent neighbors, but the RCO, we respectfully request that this variance be granted in this case. Thank you.

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Would you want your testimony adopted?

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I do. Can I get Mike to raise his hand?

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Sure.

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Thanks. Mike Brzeeke.

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Sorry, Baskier.

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chair we have mike kurashi with his hand up that's fine kurashi you can unmute yourself

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and wait for the chair please hi could you state your name please and spell for the court reporter

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uh yes hi good morning mike kurashi my m-i-k-e-q-u-u-a-r-a-s-h-i

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

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Yes, I do.

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Proceed.

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Thank you.

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Hi, Mike.

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You are the principal of the LLC that owns the property.

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Is that right?

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Yes.

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Okay.

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And did you hear my presentation to the board?

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Yes.

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Is it true and accurate to the best of your knowledge?

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Yes.

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And do you adopt it as your own testimony?

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Yes.

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Thank you. I have nothing further, Mr. Chair.

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Thank you.

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I have nothing further, Mr. Chair.

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Questions from the board?

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Questions from the board?

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No, Mr. Chairman.

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No, Mr. Chairman.

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No, Mr. Chairman.

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Questions or comments from the virtual audience?

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Chair, I see no other hands at this time.

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Planning Commission, please.

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Thank you, sir.

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Mr. Chairman, members of the board, David Vecto, City Planning Commission.

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The comprehensive plan recommends no change to the residential single-family zoning at this location.

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There is no unique physical condition to this 940-square-foot lot that would prevent it from being used in conformance with the zoning code.

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This is a primarily single-family block with five new single-family homes, all built since 2010, including 422 Sloan Street, which was built in 2019.

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A multiple-unit building on this block would be out of character.

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This, and the lack of a hardship, require the City Planning Commission to recommend that the Board deny the use variance for three dwelling units.

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Mr. Chair, if I may, I understand the planning commission has to weigh in. And I just want to point out several things. First of all, this lot has never housed a single family home. It is on a corner and it has, and the neighbors have been used to it being more commercial in nature.

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and they actually welcome the smaller, more affordable units that we're going to be providing

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