civus
Hearing video

ZBA Hearing - April 6, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Apr 6, 20225h 22m

welfare. The proposal fits into the surrounding neighborhood as evidenced by the coordinating

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RCO support in addition to other expressions of support submitted, speaking to the granting of

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relief being of benefit to the public and within the spirit of the code. The proposed variance

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would represent the minimum variance to afford relief and represent the least modification

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possible of the outmoded ICMX regulations as they relate to this site. The grant of variance relief

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will not substantially increase congestion in the public streets, increase danger of fire,

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or otherwise endanger the public health safety or general welfare. Based on the present conditions,

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which have been a source of great contention for those who have to live with the current property

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that we do not own, the proposed development will be a tremendous improvement.

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Cecil Baker and Partners, the architects, the visionaries behind this project,

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represent the highest and best use for the site in line with the finest locations in the city.

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Here's a sampling of some of their other recent work.

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The proposed development appropriately respects a changing neighborhood with a mix of long

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existing uses and new projects dotting the neighborhood this is reflected in the red

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overlays which show the recent development projects and then you can see

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classic philadelphia structures that have been in the community for a long time

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the project will not adversely affect transportation or unduly burden water sewer

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school park or other public facilities there are no environmental issues we are very proud of this

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There are no environmental issues.

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We are very proud of this project.

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pride.

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Mr. Zakroff is here at the appropriate time

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to adopt and affirm testimony.

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Mr. Layton of Cecil Baker and Partners is present

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if the board has any specific questions.

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Thank you, Mr. Chairman and members of the board.

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Sure.

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Why don't we have the principal come on

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and we'll adopt your testimony.

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Mr. Zakroff, would you kindly raise your virtual hand so that you may be sworn in by Chairman Bergman?

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Andrew Zakroff.

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Good morning.

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Good morning.

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

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Yes.

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Andrew Zakroff.

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Z-A-K-R-O-F-F.

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Right.

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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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I do.

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Proceed.

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Thank you, Mr. Zakroff.

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have you been present for the entire uh pendency of this presentation yes were you able to clearly

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hear uh the testimony that i offered yes were you able to clearly see the exhibits that were

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submitted yes and would you adopt and affirm the testimony that i've offered as your own sir

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yes i do thank you questions from the board no mr chairman no mr chairman

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no mr chairman questions or comments from the virtual audience

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mr chair i have a mr mark with his hand raised i will allow him to speak at this time

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hello could you could you state your name and spell for the court reporter please

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Yes, the name is Mark, last name Prazak, P like Paul, R-A-Z like zebra, A-K.

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

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I do.

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Proceed.

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Thank you. Yes, I'm a near neighbor of this project.

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I live three blocks north of this on Hancock Street.

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I've lived there for almost 10 years.

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This parcel should have obviously been IRMX or CMX3.

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um i don't know why the history of that i don't know why it is what it is but i'm sure there's

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some political reasoning behind that um so they should have never had to go through this process

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um and second of all this is a one minute walk to burke station one minute walk not to mention

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the bus lines um to me the fact that the setback was reduced and height reduced which reduces the

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number of apartments is a big loss and unfortunately the rco thinks that somehow this is a victory which

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is something I don't understand. I think the project is a beautiful project. It's going to

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add lots of density to a severely depopulated area over the last 50 years, the legacy of

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deindustrialization. I do have a couple of problems, though. It really should have been

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three times as tall. This building should have been 200 feet. There shouldn't be any parking

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included in this project. And I think that the city is going to end up regretting this regressive

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attitude that it has towards height and density in places virtually adjacent to mass transit in

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terms of affordability and in terms of climate change and the future needs of conglomerating

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as a city should be. And unfortunately, our zoning process and code requires this consensus

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model, which allows the loudest and most reductionist voices to curtail projects of

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this scope and beauty. Thank you very much. Thank you. Thank you for calling in. Any other

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comments or questions from the virtual audience? Sir, I have Mr. Sloan Foulkes on the line.

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I will now speak at this time. Sure. Hi, Mr. Foulkes, just state your name. You've already

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been sworn. Yes. Good morning again, Chairman Bergman and ZBA. Sloan Foulkes, Councilman

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sanchez uh office 508 city hall um just simply just uh just i would our officers simply like to

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be made aware of the uh date for the um for the uh the vote uh so that we can submit a written uh

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opinion prior to that uh after after our meeting with both the uh applicants and the rco thank you

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thank you any other comments or from the virtual audience

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Sir, I have Ms. Eileen DiVringhi with her hand raised. I have allowed her to speak.

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Could you state your name as spelled for the court reporter?

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Hi, can you hear me?

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I can.

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Great. So Eileen DiVringhi, E-I-L-E-E-N. Last name DiVringhi, D-I-V as in Victor, R-I-N-G as in George, I.

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um and i'm here sorry okay do you swear for him to tell the truth the whole truth and nothing but

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Okay, do you swear for him to tell the truth to hold?

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the truth i do proceed uh so i'm here representing the south kinson community partners rco um and i

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just wanted to provide a little bit of additional context on the community process around this

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project and sort of highlight um sort of where we ended up um so um as adam highlighted in his

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very comprehensive presentation um there were some things that neighbors um really liked

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immediately um about the project um so again acknowledging that it is in the transit um it is

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appropriate location for kind of this transit oriented development um we of course like seeing

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the commercial on the first floor to add to kind of economic life in the neighborhood excuse me

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mr chair i apologize for the interruption this is the court reporter yeah could i please ask the

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witness to slow down just a bit sure sure sure sorry just go a little bit go eileen just go a

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bit slower so the court reporter can get us down. Absolutely. So the two major concerns that

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community members had raised were around sort of this height and density question. So this is

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taller than a lot of these kinds of multifamily structures that we typically see proposed in

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the neighborhood. A lot of them are around 60 feet. Eileen, give me a favor. You seem to be

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like backing off the mic. So go slower and try to stay close to the mic when you speak, please.

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okay sorry is this any better it is that is okay great um so the major concerns that neighbors had

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raised were around kind of height and density um and in projects of the size we typically like to

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see um on-site inclusion of a certain percentage of units to be set aside um for affordability

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So, as you heard in Adam's presentation, the team made some modifications to the project

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to address, particularly for Wilt Street neighbors, and Wilt Street is a street with, you know,

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two-story host row homes that have been there for a very long time.

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And they did try to address some of the height issues there.

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I don't think it completely ameliorated the concerns of neighbors on that block, but they

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did make some accommodations there. And then on the affordability side, I wanted to provide a

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little bit more context on the community benefits agreement that we worked out with the project

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team. So they indicated from the start that they were not interested in having on-site kind of set

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asides for affordable units. So we tried to identify and be creative about other opportunities

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to accomplish kind of the same goals as including affordable units on site, and we saw that

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as, you know, identifying housing-related intervention that would help preserve sort

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of the economic diversity of the neighborhood.

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And one way to do that is to provide financial assistance to low-income homeowners who are

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existing neighbors of this project and provide assistance for them to make, you know, critical

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home repairs that they maybe would not be able to otherwise afford to address weatherization issues

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to help keep their utility bills manageable to make adaptive modifications to their homes

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so they can comfortably age in place and then other sorts of things like resolving tangled

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title issues right which are really important to being able to access other kinds of

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housing supports that are available through the city so the set aside fund is dedicated to those

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purposes. It is not something that is going to add any organizational budget. All of the people

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on the RCO are volunteers. None of us are going to see any of that money. So I just wanted to

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clear up any sort of misconceptions about what the payment value might represent.

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And this community benefits agreement was detailed at our last meeting, our last public

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community meeting with the developer to the community so they could have a comprehensive

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of sense of what sort of the the benefits and drawbacks of this particular proposal are

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and our process is always that our stance is determined by a vote of neighbors who live within

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a certain radius um so it was entirely within neighbors purview to say you know that's that's

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nice but we still oppose the project but ultimately when neighbors sort of weighed the pros and cons

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we had a vote that was in favor of supporting the project as presented today um and i will

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add Mr. Folks from the councilwoman's office was in attendance at this meeting where we provided

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sort of the broad strokes of the agreement so I regret that we weren't able to get the MOU to

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the councilwoman sooner so that we could have allayed any sort of concern she might have but

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hopefully it wasn't um it wasn't I mean you're starting to you're starting to go a little quicker

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and fade away again so I mean put it you're you you support the program yes we supported the

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yes we supported the project okay thank you thank you does anyone else have any comments about the

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project. Okay, thank you. Thank you.

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project i see no further answer mr chair planning commission thank you chairman bergman ian hegarty

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for the philadelphia city planning commission uh members of the board uh start out i just have to

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note that the comments of the cdr committee are not an expression of the city planning commission's

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recommendation or opinion regarding this zoning variance. And I also just wanted to further note

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that the proposed benefits arrangement is not enforceable by the city and is duplicative of

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existing city-run programs and is therefore not a factor in the commission's recommendation.

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That said, in 2016, the zoning map was amended on this site from I2 to ICMX. And this was done

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in order to recognize what was then an operating business, which we've seen in this presentation

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has since been vacated and cleared from the site.

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The shallow groundwater conditions cited by the applicant support a hardship claim for

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building height and for parking.

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We do not believe that there are unique physical conditions of the lot supporting the hardship

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claim for residential use variants.

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However, given the surrounding context and given that the proposed uses are consistent

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with general recommendations from the comprehensive plan to encourage transit supportive development

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and active ground floor uses, the City Planning Commission ultimately recommends that the board

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grant this variance. Thank you. So what we're going to do is we're going to hold the vote on this,

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and Mr. Folks talked about a date. I'm looking for Tanya at least a month so that they can

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see if they can't have their meetings and see where we stand with this. So we will vote on

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this in a month and tanya to have an idea what a date that would be pardon pardon the interruption

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if i may i would respectfully request that it be uh if at all possible no more than one month uh i

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i know i i but just so you know i gave it a month because in your presentation you said time

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was is not a problem with doing working this out i i i i mean okay so what we'll do is

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you know be done by in one month and must be heard must be heard thank you

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tanya are we okay with that um so are we stating we're going to do feedback or a letter

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from the councilwoman's office that would depend on where we place it yeah i would think

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a letter would be fine okay well how about may 4th that's fine with me yep

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Thank you everyone. Thank you Mr. Chairman and members of the Board. I appreciate your

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indulgence this morning. Okay. MI 2021 004971 1925 North 19th. Is Mr. DeMarco back?

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um yes sir he has been promoted to panelists okay thank you good

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good morning mr chairman marco you've already been sworn

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could you identify your client and the relationship to the property yes i can it's shalom

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atias is the owner okay i represent and our vice chair has a few questions sure hi mr demarco do

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

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Yes, it's a referral, and I agree to stipulate.

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Thank you.

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Okay, sorry about that.

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No, that's all right.

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Have you emailed the exhibit packet with proof of ownership tax compliance, a copy of the referral, photos, and or plans of the property five days in advance of this hearing?

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And have you met with the RCO, and do you have a letter?

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Yes, I did.

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And we have a letter that was received on Monday and sent directly to the Board of non-opposition.

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Great.

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you may proceed and share your screen thank you so much thank you and thank you for your indulgence

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this morning everyone um so the uh this is a special exception matter for a single room

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residence this board uh heard the case um back in 2018 and agreed to a temporary three-year

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special exception uh we are back uh to ask that it be made uh permanent um you can see here and

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And we agreed to the original provisors that the board had established, which is the key

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were no basement no basement bedrooms and we had we do have trash disposals

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the other one is not on here we had we do have trash disposals in the second and third floor

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um i guess the other proviso was the was the temporary but we do ask that it be made permanent

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anyway mr chairman uh we did meet with the rco there was no opposition the property is unusual

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in that it was constructed as a duplex with four bedrooms each and that renders um it difficult uh

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to do since no more than three unrelateds may live together.

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There were struggles to get that situation resolved,

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and that's why the applicant went forward back in 2018

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for a special reception for a single-room residence.

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By the way, these are seniors, 50 and over.

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It's run by the owner himself.

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I'll put him on in a minute.

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The seniors loved living there.

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