civus
Hearing video

ZBA Hearing - March 31, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Mar 31, 20215h 23m

kind of sawtooth shaped off to the left. As you can see, there's two different bump outs that

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provides open area, which is open to the sky where we'd be proposing to store trash in a fenced-in

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area for the tenants so they would not have to store it inside or so many people are concerned

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about storing it on the street or just throwing it in a bag on the street where it gets picked

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apart by animals. This is the side of the building off to the right. The same school family homes

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are to the left. This is page 19 for the record. These are the homes that are zoned I-2 for some

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reason. We're across the street zoned RSA 5. This is a wider angle photo and I'm just going to do my

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standard kind of 360 view. This is looking northbound on 46th. These are the homes across

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the street. You can see new construction to the rear here. I don't recall immediately what this is

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back here but I believe it's still under construction. This is now looking eastbound.

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At page 25 we're now starting to turn down to the train tracks with this nice little park here

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which is relatively well kept. I came on trash day. There normally aren't trash cans all strewn about.

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And that completes a 360 view. I'm now looking northbound at the side of the property,

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the southernmost side of the property. Specifically, I'm indicating to the section to the rear

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by where this white bump out is located, which is the adjacent structure. Here to the left where

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it's one, two, three windows, this is a small triangular area that is open space. Birch we're

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proposing for trash storage. And then here with this white section here is another triangular

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area of open space, which we're proposing, again, for trash storage for the units. There's also a

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rear yard. We can put trash in there, but everything will be fenced in. There will be

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dumpsters or trash cans and recycling bins provided for all of the tenants. We do request

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in our lease that they cover those, again, to keep critters out. This is a view from the corner

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This is the view from the corner itself. You can see it's a little oddly shaped because it is a corner property. One entrance is here in this turquoise colored door.

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itself you can see it's a little

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As far as I can tell, this used to be the entrance for the market. You see the set of stairs off to the right as we go northbound on 46th Street. This is page 31 for the record.

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This would be where the units would be going and the tenants.

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This beige house here, this is the immediately adjacent neighbor.

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Pardon me, I need to put my computer on to not disturb.

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So we don't get any more of those things.

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All right.

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This beige house is the immediate adjacent neighbor who can complain previously about being able to hear when the owner would go up and down the stairs, which run along this wall, the party wall between this property and the one directly to the north.

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So now I'm going to page 32.

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These are the interior photos from when my client actually purchased the property.

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We can see the property is in actually okay shape, but it does need a bit of a facelift.

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This is the staircase that I was discussing previously.

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Here's our party wall.

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The stairs just go right into the party wall.

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These do have to be replaced because they're not code compliant for intuitive infrastructure.

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I noted earlier that this was an artist's home and you can see the copious amounts of art.

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My client intends to keep most of this beautiful architecture on the inside.

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Like I said, just give it a facelift, make it code compliant. The beautiful woodwork,

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the fireplace that we see here. You can see on this picture, page 35, some exposed joists.

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You'll also see an open area off to the right of this large doorway. The previous owner,

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I guess, took out the floor and decided to bring in more natural light for their studio space down

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here. That's going to have to be remedied. This is part of the reason that this isn't really fit

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right now for a single family structure as it was done I think mostly without permits if not entirely

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without permits this uh construction by the previous owner page 36 another photograph of

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the property on the interior large paintings you can see them uh page 37 this is what I was talking

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about members of the board there's just floor joists cut all over the place and as far as I

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can tell it was done without permits and it's certainly not the code so this is all going to

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to be fixed. Large printing pass off to the left, very heavy cast iron as far as I know. We have

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prints in this flat file up to the right. Again, you see to the top of the photograph, the DIY hole

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in the ceiling. Page 39, more of the same. Page 40, here's our kitchen. It's going to need a

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facelift as well. It works. Another photo of the kitchen at 41 and 42. 43, this is the upstairs

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hallway. Looking to the stairwell, this would lead immediately to that door that was on the side

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at 46th Street. Upstairs, beautiful woodwork. We're not going to touch that.

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I'm not quite sure what's going on in this room. We have a platform that was installed on the

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ceiling, potentially for extra storage. We're hoping to keep the floors. This is

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page 46 for the record, but as you can see there are some gaps that will have to

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be replaced in some places. This is the upstairs area of the large hole that was

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in the floor. You can see there's also some ceiling issues, probably due to roof

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leaks. Those are all going to be repaired. This is looking down from that second

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story veranda into the main area. Page 49 is our bathroom. It's functional. That's

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about all i'll say basement you can see the utilities furnace dehumidifier and um i got

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zoomed out for some reason and there's washer dryer hookups but again this is all going to be

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redone moving now to the plans themselves all right so we're not doing any excavation we're

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not doing anything than maybe pointing the brick repainting replacing some doors replacing some

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windows, making it look nice. The building itself is already in pretty okay shape in the exterior.

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We just want to make it look a little bit nicer. And then I'll go to the floor plans.

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Okay, so here's our basement. We're not really touching that. It's going to be used for storage

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and utilities. You can see what I'll do here is I'm just going to annotate this with a line.

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okay

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so members of the board on page 53 the living area in the basement's about 1 000 square feet

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we say living area but no one's living there there's no bedrooms proposed where i drew that

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red line is going to be where the fence is erected along the structure along the property line where

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trash storage is going to be contained there is also a rear yard as i addressed earlier but the

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rear yard is rather small. It kind of extends in that direction via the two red lines I've just

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drawn. So we're hoping to put trash storage generally in stamp. Sure.

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So we're hoping to put trash storage generally in stamp.

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Sure.

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I'm going to put a heart.

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There we go.

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That heart, that's where we're looking to put trash storage accessible by a gate so that the tenants in the building are able to go in, get the trash, put it right out in the street.

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No problem.

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Okay.

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Oh, that's not the right tool.

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There we go.

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Nope, that's not the right tool either.

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Okay. Here's our proposed living area on the first story, 974 square feet. So this is unit one,

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one unit right on the ground floor, accessible by the corner doors that we saw that were painted

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kind of turquoise on the corner of the structure. You come in those really nice double doors that

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we're going to replace with some doors that are going to let some light in. Kitchen, living area

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to the front along 46th bath and then two beds whether it's actually two bedrooms or a bedroom

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in an office with all of us working from home these days we still have to figure that out

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it's up to the tenants more or less then this rear door here leads out to that small rear yard

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patio which is accessible to the ground story unit via that stairwell that i showed everybody

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that we do have to replace you'd come up from the main door on 46th street so it is two separate

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entrances come up and you have main living area to the rear or kitchen bath besides that and this

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has three bedrooms they're a little bit smaller than the downstairs unit but provides a little

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bit more flexibility for either a couple that's working from home a young family so that people

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get their own space again the trash is going to be stored somewhere in the south exterior area

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or in the rear yard ultimately it's going to be up to the tenants where they put them but we will

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be providing trash cans to um to every single unit if the board would like i can go into the

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history of the property itself via the philadelphia atlas site which just for purposes of the record

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i indicate this was previously a grocer on the ground story um and a unit above based on

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conversations with residents who've been in the neighborhood for some time they testified at our

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community meeting the same thing. Not just the first but the second. That concludes my presentation

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unless the board would like me to review the property history at length. Ni, if you'd please

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raise your hand and just be waited, wait to be unmuted so I can ask you a couple questions.

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Mr. Nguyen has been allowed to speak. Mr. Nguyen, please wait to be sworn in, sir.

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Oh, it's Ms.

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Good morning.

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Ms. Good morning.

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Please identify yourself, first and last name.

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Good morning, members of the board.

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My name is Ni Nguyen, spell N-H-I-N-G-U-Y-E-N.

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You swear and affirm 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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Mr. Mulvihill?

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Okay.

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Ms. Nguyen, you've heard my testimony today to the members of the board.

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Yes, I did.

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Is there anything you'd like to add at this point with respect to either the building itself,

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the hardship in making this a single family home the hours of construction and our availability to

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the adjacent neighbors to continue this conversation as we proceed no you pretty much

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covered it okay has my testimony been true and accurate to the best of your knowledge and

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understanding yes and do you adopt my testimony as your own for purposes of today's hearing only

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yes i do thank you thank you i have no other questions for you thank you questions from the

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board? No. No. No. No. Would anyone else like to testify in this case? If so, please raise your

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hand. See, no further hands at this time, Mr. Chair. Leo, could you go back to the, what was

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the count of the uh rco i don't believe there was a vote actually a number vote i think if mr

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ross of southwest philadelphia initially sent a letter of support and then afterwards based on

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feedback changed this letter but i don't have that available in my packet i can search my

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email quickly for it all right that's okay okay uh again no jason no one's hand is up

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no sir um chair this is sharon saleta i received an email on this from andrew goodman um this

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morning if you could give me a minute i can look to see if it included the count for the rco meeting

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thank you

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Thank you.

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okay I have um zero support to oppose

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that's from the uh was it cedar park what what's the organization southwest Philadelphia

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district services chairman and i apologize i got that wrong two opposed were the rco board committee

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all meeting attendees there were three opposed and zero support

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Thank you, Mr. Chair, sorry for an interruption, but there is a hand raised on Ms. Quetta

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Jefferson.

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It went up after you asked about it a second time.

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No worries.

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Ma'am, please identify yourself with the record and we'll get back to you, Ian.

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she's been allowed to speak so as panelists good morning good morning please identify yourself

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spell your first and last name um yes my first name is q u e t t a last name jefferson

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we're in the firm to tell the truth the whole truth nothing but the truth

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yes i do sir please proceed ma'am um yes i'm here representing um west shore civic association

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one of the rcos um we attended well i attended both meetings um upon attending both meetings i

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thought that the community was in approval of the construction but um i met with several

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opposition so i'm here to support them in stating that um they're opposing uh the new construction

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chairman i object to the testimony as its hearsay in this matter specifically those members i'm

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unsure the constituency to whom miss jefferson is representing and miss jefferson while i respect

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you is not their coordinating rco for this matter so i would rest on what southwest

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Philadelphia District Services put in their letter as the coordinating RCO.

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Yes but

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let's let let's let Ms. Jefferson get their final say in please. I'm sorry sir but there were letters

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sent from several neighbors um opposing um this construction um to Mr. Ross and he was supposed

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to send them to you sir what is the objection is it the objection was just multi-family or

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i'm sorry sir it's the objection of multi-family it's the objection of the noise from some of the

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neighbors it's the objection of i guess the whole trash situation um there's several objections from

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some of the elderly neighbors about parking, sir.

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And Chairman, to the best of your knowledge,

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do you know if the neighbors who are concerned about trash,

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are they aware that there will be trash areas provided for the tenants?

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Yes, I spoke with them.

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A lot of the neighbors were not able to attend

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because, again, they are senior citizens

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and they don't have a computer access

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like some of the neighbors who did attend.

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And so I do apologize for that also.

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No need to apologize.

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Okay.

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I just wanted to respond to that.

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In the notifications that I send out,

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I include dial-in information for anybody

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who wishes to dial in.

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I also include my personal phone number

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and I include my email address

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and I entreat anybody who has any questions

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to reach out to me and I'd be happy to bring them a copy of the plans as well.

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I did not hear from anyone with respect to any of that. So while I appreciate what Ms. Jefferson

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is saying, we did everything that we possibly could to reach out to every single neighbor

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and held not just one meeting, which is all we're required to do under the code,

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but a second meeting at the request of the RCO. In rebuttal as well, to Ms. Jefferson's point,

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I'm now screen sharing release addendum that I shared with the community group during our second

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meeting which include the following provisions i'd just like to incorporate them from the record

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um i can send this to ms zuletta to ensure it's actually added to the record itself

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but in summary we have parking no wall street parking is provided out of respect for your

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neighbors we require each unit have only one car each tenant is required for the run permit

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each tenant is required for their own permit trash storage we provide trash storage we explain that

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trash storage we provide trash

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recycling must not be bagged as the city will not collect it we provide a list of city holidays

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which show which days trash will not be collected and include a link to all streets department

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regulations regarding trash collection if they do not follow as tenants the rules of the city

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we individually find them 25 for the first infraction 50 for the second and 100 for each

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subsequent these are considered additional rent and those are in addition to any of the tickets

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