civus
Hearing video

ZBA Hearing - October 9, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Oct 9, 20247h 34m

Tynetta Graham, my vote is yes, with provisos.

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Ty Owen, my vote is yes, with provisos.

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And number two, MI 2024-003-175-6709 Essington Avenue.

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The vote in this matter has been rescheduled to Wednesday, October 23rd, 2024, at 9.30 a.m.

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We're going to start with case number 18.

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MI 2024

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005

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346

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1026 to 36

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Fairmont Avenue. Augusta O'Neill

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is the attorney.

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Michael Johns has recused

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himself from this

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case.

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Augusta O'Neill

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is coming in as a panelist. Good morning. Good morning, counsel. Could you please state your

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name as spelled for the court stenographer? Sure. My name is Augusta O'Neill, A-U-G-U-S-T-A. My

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last name is spelled O-apostrophe-N-E-I-L-L. Do you swear or affirm to tell the truth,

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the whole truth, and nothing but the truth? I do. Do you identify your client in a relationship

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to the property? Sure. My client is Frenkel Enterprises. They're the owner of the property.

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Do you stipulate to the reading of the refusals, and do you agree with the accuracy?

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I do. And in fact, a corrected refusal was just issued this morning, which your board solicitor forwarded to me.

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I understand. You have a letter of support from the 14th Community Organization, RCO, and a letter of non-opposition from Council Member Young. Please proceed and share your screen.

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thank you members of the board uh this morning i'm representing the owners of the property at

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10 26 to 36 fairmount avenue my client is frankel enterprises included at page 34 of your exhibit

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package which is up on my screen is an aerial just to orient you to the property i've also

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provided some street view pictures of the property in question as you can see this property is

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currently a vacant lot we are proposing to relocate lot lines and subdivide to create

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22 parcels from one existing parcels and construct a three-story single-family home

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on each parcel each of the houses are going to range from 1400 to 1600 square feet

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a copy of our plan was included at page 29 of my exhibit package this project did receive a refusal

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um in my exhibit package is a copy of the old refusal but as i indicated at the beginning a

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new refusal has been issued um the refusal that was issued for this project related to the minimum

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lot area as you can see there from the refusal on my screen we are in the fifth district overlay

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we're required to provide minimum lot area of 1440 square feet and there are 17 parcels that

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are less than 1440 square feet this project is a partnership with turn the key for anyone who

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isn't familiar with turn the key the program is designed to take vacant lots in the city of

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Philadelphia, such as the one at issue here, publicly owned land and partner with private

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developers such as my client to create affordable housing. A lot of the lots are vacant, like

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I said, and they can be a real issue for the city because the vacant lots can be a source

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of drug use and other crimes. So this partnership allows homeownership to be within reach for

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many Philadelphians. The average homeowner can pay approximately $1,300 a month for one of these

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houses, which are three bedrooms. The average rent in the city right now is $1,800. So that's a

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huge difference. This enables a lot of Philadelphians to create generational wealth

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through that home ownership. There are also many city employees who have been able to benefit from

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the Turn to Key program. And in fact, on September 27th of this year, just a few weeks ago, it was

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my honor to attend a ribbon cutting with my clients for their new development at Bucknell

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Square in Girard Commons. These are two workforce housing communities totaling 73 affordable homes

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in the Sharswood neighborhood that my clients were also integral in developing. My clients did meet

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um integral in developing um my clients did meet with the affected rco for this property the 14th

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with the affected argument.

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community organization rco on september 5th they did receive rco support for this project

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a copy of that letter of support was provided at page six of the exhibit package i just want to

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note um that the rco in providing their letter of support did commend my clients for um the

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the the answers that they provided to the neighborhood um questions um the vote was

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unanimously in favor of my client's application and i also wanted to just note that the um rco

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noted in their letter the community expressed support for this application because of the use

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of land would be for affordable single-family homes under the turn to keep program and it is

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keeping in keeping with continuity of the neighborhood um and as mr terry noted um

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And yesterday, Councilman Young's office did also provide a letter of non-opposition, which I'm sharing on my screen.

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And with that being said, I would ask my clients, Max and Zach Frankel, to come forward to make themselves available for.

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Could you show us the, do you have drawings of the properties?

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Why don't you just show the properties?

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So I have a copy of the plan.

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It's at page 29 in my exhibit package.

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I don't have renderings.

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we have the elevation but i don't have a rendering

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zachary frankel has been allowed to speak

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hi this is zachary frankel the owner of the parcel could you state your name and spell it

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for the court scenario that's zachary frankel z-a-c-h-a-r-y last name is frankel f-r-a-n-k-e-l

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from tell the truth the whole truth nothing but the truth i do please proceed council

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morning zach uh mr frankel did you have an opportunity to hear my testimony this morning

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i did was everything that i said true and accurate it was was there anything that you would like to

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add there's not okay um and would you like to adopt my testimony as your own i would thank you

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um mr chair my client and i are available for any questions the board may have

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I'll take questions from the board, but it's kind of difficult not to even see any rendering at all.

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And I would think the board may be a little, at least want to have a view of it before we would vote on it.

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But I'll take questions from the board now, questions about it.

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Well, we may have to have a resumptive hearing on this to take a look at it.

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All right.

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Oh, Zach, actually raising his hand.

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Mr. Chair, I'm happy to walk through the elevations that we provided, if that would suffice for the board.

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Why don't you walk through the elevation, and then I'll take questions on the board, and we'll decide where we're going to be.

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Sure thing. The elevations detail materials and are true to form to what will be built.

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so i think the elevations will actually do a better job than renderings

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please proceed

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one second

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let me just get the elevation up my screen here uh mr chair

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Excuse me, Chair.

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Yes.

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This is Bettina.

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I wasn't sure if I wasn't hearing correctly, but was he sworn in?

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Yep.

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Mr. Franco was sworn in.

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thank you so much apologies for my audio

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no no no not at all not at all

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counsel

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i'm just sorry i'm just trying to pull up on my screen

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chair may i ask if these elevations were shown to the community without without a renderings

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they they were shown to the community

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they were part of the presentation package to the rco

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but you didn't

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But you didn't show renderings to the RCO at the RCO meeting?

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No, we have not done renderings of the project. Again, when you see the elevations,

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I think that this will add a lot more context.

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Thank you.

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trying to

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just having some technical issues here. I'll get them up as soon as I can.

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Zach, if you have them at your fingertips, are you able to

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share them on your screen or I'm just trying to pull them up?

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Are you able to locate them, Guthy?

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I have them.

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It's just not letting me, for whatever reason, share them.

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I should be able to do that.

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Unless, Zach, do you have them at your fingertips to bring them up on your screen?

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I am working off of my phone right now.

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Let me see if I can send them to you.

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Okay.

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So this would be for Mr. chair board member when is having some connectivity issues we

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just need to make sure that she is able to to get back on before we proceed.

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I think I'm here, Hillary. Can you guys hear me?

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Oh, you're back? Okay, great.

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It's spotty, though. I don't know what's going on.

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I got an unstable internet connection sign. I'm trying to reset.

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Kelsey, I just emailed your typical elevations.

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i just want to confirm uh mr chair this is the brush case i'm recusing from yes okay all right

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thank you and you have the next one too

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how about if we come back to this

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they should be at the top of your email

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I just sent them

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cancel

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you're muted too

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Apologies. Okay, this should work. Let me see if I can pull them up.

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Are you able to see that? Yes. Okay, so these are three-story homes. They have a second-story roof

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deck, and Zach, did you want to take the board? Yeah, if I could walk you through our typical

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elevation um and it'll make a lot more sense so these are designed to be contextual within the

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neighborhood of west poplar i think that's why the rco applauded us for them um so these are

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again three-story rick facades um it's there there will be some mixed materials in terms of

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metal siding um and um cladding throughout but they are three stories so there'll be a large

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living area on the ground floor the second floor will have two bedrooms and a full bathroom

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and the third floor will really be a master suite that has a large bedroom uh of a full bath

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laundry and storage as well as a roof deck in the rear um but from the the street level

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these will be um three stories you'll have anywhere from three to potentially five

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depending on the elevation steps up into the house um metal railings um so obviously the

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The materials are meant to be a mix of red brick and differing metal material that is contextual within the West Poplar neighborhood.

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It is mostly a three-story red brick.

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It is mostly a three-story red brick facade.

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Is it built on a slab?

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Yes, they are built on a slab.

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Questions from the board.

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I have one other quick question.

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So are the stairs, I can't really tell because the elevations are small right here.

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So are they closed in or is it an open area under the stairs like for trash storage?

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they they are closed in okay all right i see okay i see it better thank you yeah

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the question is from the board

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is cheryl on

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just confirming none of the units are accessible or visitable

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I'm on. I'm on, Mr. Chair. I'm sorry, I'm sorry. Yes, I'm tired. I've got noise issues

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going on out here. All right. All right. Ty, please proceed again. Yeah, I was just asking.

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I just want to confirm there's 17 units and none are accessible or visible. There's 22

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units. Did you say they're they're not visible? I'm asking are any of them accessible or

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visitable, which means

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they would have a zero grade step entry either at the front or the rear.

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No, there's no requirement for ADA accessible

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units here. So we are not

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providing them in this instance.

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Okay. And then for

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the lot refusals, you said 17 of the lots are under the 1440.

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what's the right square footage of the lots that are under

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say that one more time for the lots that are for the 17 lots that are under 1440 square feet

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what is the range and square footage of those lots the total square footage

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the range in those lots this is uh let me see between just pulling it up onto the screen

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the range is between 1200 it looks like the smallest is 1215 but again the gfa of the

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the homes themselves are between 1600s per feet and then my last question is i know you said that

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the rco praised you for contextuality but isn't the richard allen homes across the street not

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those two-story homes with a-line roofs of most of our the majority of the lot um faces towards

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melon street actually and melon street and 11th street um and around 10th street so is some of the

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houses do face the richard allen homes which are two stories um but even on that block of fairmount

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avenue there are three-story structures um this isn't our first project in the west popular

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neighborhood it was made very clear to us by the neighborhood that they want three-story structures

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just in the richard allen homes have you know large front yards and front yard setbacks so

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having three-story homes are on this block um are not going to hover over those homes by any means

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Okay, thank you.

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Any other questions from the board?

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Questions or comments from our attorney, Hillary Emerson?

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Excuse me, Mr. Chair.

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When this matter is voted, it should be noted that it is per refusal dated 10-9-24.

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Thank you.

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Questions or comments from the virtual audience?

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Yes, Chair. I have a hand up by the name of Conlon Crosley. They have been allowed to speak.

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Good morning, Chair.

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Good morning. Could you please state your name and spell for the court stenography?

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Yes, sir. It is Conlon C-O-N-L-A-N Crosley C-R-O-F-L-E-Y.

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we're a firm to tell the truth the whole truth and nothing but the truth you're from the council

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office my car yes sir all right please proceed sir um i just wanted to uh sorry mr chair he

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he didn't answer okay could you answer please i'm sorry yes i do thank you very much please proceed

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um i just wanted to uh reiterate i was at the community meeting where it had unanimous support

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and that the council office has a position of non-opposition for this project.

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Thank you very much.

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Anyone else in the virtual audience?

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