civus
Hearing video

ZBA Hearing - August 4, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Aug 4, 20215h 51m

would cause you a hardship to be unable to sell it um at the uh price point that it would demand

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in this market yeah it would be very difficult to do because the price point will be too high

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um and we've we've figured that out through trial and error actually because of the fact that if you

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sell it in parts you can actually sell it to a person give them the same quality product

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a little cheaper, much cheaper, actually.

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Okay.

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I would

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I would also just

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I have nothing further from my client at this moment.

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Does the board have any questions?

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We're okay. Board, you guys have any questions?

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No.

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Okay. No questions.

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Okay.

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All right. Is there anyone else here that would like to speak in this matter from the community or council person?

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Chair, we have Thomas Bell. Please unmute yourself and wait for the chair.

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Hi, guys. My name is Thomas Ball. Last name's spelled B-A-L-L. I am a homeowner on Wilton.

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I'm sorry, Thomas. T-H-O-M-A-S.

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And you swear or affirm to tell the truth, the whole truth, for nothing but the truth?

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I do. Thank you. Please proceed.

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I'm sorry.

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I want to thank you.

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I apologize for interrupting, Chair, but could we get his address as well, please?

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That's right. I apologize.

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Sir, can you put your address on the record, please?

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Yeah, certainly. It's 1339 South Wilton Street.

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Okay. Thank you.

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You're welcome.

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I would like to thank the board and everybody that's on this call for allowing me to speak.

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I am somebody who owns the home on Wilton Street and had some alarming concerns regarding the development that is being trying to be put onto Wilton Street.

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I'd like to start first, but I hope that everybody got my email with the signatures with a lot of the people on both Wilton, Lindenwood.

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with a lot of the people on both Wilton, Lindenwood, some of the 50, the 52nd, 100 block of Chester, as well as Avenue board.

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I'm going to object to the introduction of any sort of petition. I did see that this morning earlier this morning by email.

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It's a well, I think that Mr. Ball and I would agree. It's a list of names. It's a list of signatures.

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There's no way of confirming that these people that signed this document are near neighbors or even far neighbors of any of these projects, if they are neighbors of this one at a time.

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Mr. Thomas, please let us know your opposition recent for your opposition.

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Excuse me. This is Sharon. As far as accepting the petition,

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it will go to the weight of given to the petition, but it is accepted.

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Thank you. Please continue, Mr. Thomas.

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Thank you. And to just go with the objection of the of the petition,

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um you can tell most people put their telephone numbers all those addresses are represented on

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where it's building um i do apologize that it wasn't done in more advanced notice um but in

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the giving and trying times that we are we try to do our best when we are for community um i would

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like to just speak that nobody on our blocks are interested in duplex or even changing the um

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Zoning required. I'm objecting on the basis of hearsay. Mr. Ball. I'm not interested.

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Well, again, members of the board, Mr. Ball is certainly welcome to testify to his

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opinion about the project. He's he's testifying to the thoughts, beliefs and understandings of

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a laundry list of other people who we have no way of authenticating. So I'm objecting to his

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testimony on the basis of hearsay. No problem. Anyone else? Chair, we have Minister Enoch Amon.

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Okay. You may unmute yourself. Identify yourself for the record, spell your first and last name,

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address. Yes, good afternoon, Acting Chair and Board of Adjustments. My name is Minister Enoch

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Amariel. It is spelled E-N-O-C-H. Amon, A-M-E-N-R-A hyphen E-L.

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Your address?

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I'm representing the RCO Earth Keepers. We have the address, 1515 Market Street, Suite 1200, Philadelphia PA 19102.

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Thank you. Please proceed.

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Good. Thank you. As I just stated, I'm here on behalf of Earth Keepers Southwest Philadelphia Neighborhood Zoning Committee,

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here and after Earth Keepers Zoning Committee, and affected RCO in the subject matter.

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Based on the outcome of a recent RCO community meeting held this past Monday, the RCO organization in attendance and the affected residents opposing these applications, except for Jahid Ali, which representing the RCO, which is Southwest District Services.

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and based on license inspections and notice of refusal prohibiting two-family household living

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in a RSA 5 residential zoning district and the creation of a high density in the community

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and the loss of privacy for surrounding neighbors based on the proposed project's decks.

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The proposed two-family household dwelling all have three bedrooms and three bedrooms

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total on six separate units in each address with common spaces.

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The developer, Lamar, stated on the record at the Arsene meeting that the household dwelling was designed for group living to share in the rents.

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Based on the developer's statement, this type of individual privacy, as well as each occupant, can have overnight guests creating a much higher density in the community.

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With the height of these dwellings, with the rooftop deck patio, the surrounding neighbors will be forced to keep their blinds or their shades down, losing natural sunlight, as well as the loss of property inside their homes, not limited to overhead noise factors.

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I would also like to state for the record, as we just mentioned, that a petition with over 50 signatures from affected residents was signed and emailed to the Board of Justice by a community resident.

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Wherefore, to eliminate the detrimental impact to the community, we request that the Zoning Board of Adjustment deny the applicant request for the erection of a tax structure with roof deck access structure for use as a two-family household living in the RSA 5 residential zoning district.

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I conclude and yield my mic.

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Thank you.

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Thank you.

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Anyone else?

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Yes, Chair.

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We have Deanna Scott.

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please unmute yourself and please wait man please identify yourself for the

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Ma'am, please identify yourself for the records by your first and last name.

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records by your first and last name sure

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Sure. My name is Deanna Scott. First name Deanna, D-E-A-N-N-A. Last name Scott, S-C-O-T-T.

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My address is 5210 King Sessing Avenue, second floor, Philadelphia, PA, 19143.

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Okay. Please proceed.

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You swear to affirm that's all the truth, the whole truth, for nothing but the truth?

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Yes.

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Please proceed.

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to you. So first, I have a question. Are these units being intended as rentals or as condos?

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I'll turn this back over to my client in a moment. We're flexible on that.

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You know, we had thought about rentals. We had also discussed possibly creating condos. But

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again, that's, you know, that's something for more of a question for my client. And LeVar,

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if you wanted to speak to that, you can. If you want to not address that, you're certainly welcome

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to. But we're flexible. Mr. Clark, do you have to unmute yourself? Yes. Can everyone hear me?

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Yes. Yes. We typically, what we typically do is every one of our multi-projects,

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we get them set up as as condominiums because the whole plan is is is home ownership um it's just

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at this point the particular area it would take maybe a year two years so we get it to a point

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to where we can sell them off as as condominiums but the plan is always to sell to homeowners to

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have home home ownership on the block and not just have a straight rental situation and everything

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it comes with. So based on that, my understanding is that you would intend to rent them until you

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can find a buyer, correct? I'm sorry. I'm sorry. This is Tanya Sunkit. This is not a question and

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answer situation at the moment. It's only testimony. So I would allow, please ask if you

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could give your testimony before. Okay, sure. So my background is I've worked in leasing for like

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five years and I've placed runners all across the city. I'm also a neighbor directly across the

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street from all of these wilson street properties what you're describing to me sounds like you're

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adding in effect a 30 unit rental block on a very small one-way one-side parking street in an area

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that is already at its limit for parking for parking and density and again i would like to

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echo i mean if someone wants to qualify uh miss scott as as an expert um i'll take her through

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the qualifications but uh i think that i'm going to object on the base out the risk reason for your

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opposition the reason for my opposition is that the it the density of what you're asking to add

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and then also the again echoing this minister's statements about the loss of privacy and sunlight

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for adding a roof deck for all of these units thank you anyone else uh something new and

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different. Chair, we have Carmen, please unmute yourself. Carmen, please identify yourself for

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the record for your first and last name. All right, we also have Andrew Goodman from

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council's office. Would you like to hear him? Okay, Mr. Goodman, please, you stand on the

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please identify yourself. Good afternoon, Andrew Goodman, G-O-O-D-M-A-N, here representing the

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Office of... Excuse me, pardon the interruption. Chair and Tanya, this is John Kelly, the court

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reporter. I had a momentary power outage at my house, and I was knocked offline during the

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presentation by Minister Amun-Ra El. Okay. This is Tanya Sunkit. No worries, John. We'll

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ensure that you receive the video to use that for transcription.

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Can everybody still hear me? Yes. Go ahead, Mr. Goodman. Awesome. All right. So I'll just start

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start over andrew goodman g-o-o-d-m-a-n representing the office of third district

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council member jamie gaudier room 586 city hall members of the board our office is here today to

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oppose the variance applications being proposed as the at these addresses we see no evidence of

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hardship nor of community benefit i'll stick to new and different so i'll jump jump ahead a little

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bit and try to address some of the particular points that were brought up in the applicant's

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presentation. So on the topic of the neighborhood remapping, I cannot speak to the timing of that

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legislation as I wasn't working for the third district council office at that time. What I can

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What I can say as a trained city planner and council staffer is that neighborhood-wide remapping legislation follows extensive technical analysis and community engagement and is a very common function of city government as neighborhood conditions and citywide goals change over time.

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say is a trained city planner and council staffer is that neighborhood-wide remapping legislation

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In fact, those who are familiar with Philadelphia zoning history know that RM1 is very often a legacy zoning category left behind in neighborhoods that haven't been remapped for a long time.

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So many neighborhoods often show up as zoned RM1 on the zoning maps, not necessarily because it actually fits the land use that's there, but more as a signal that that neighborhood has not been remapped in far too long.

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And that's, I would say, what fits the situation here, which is why it would make sense that the city and Councilmember Blackwell would have done that remapping when they did.

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These two streets, Wilton and Lindenwood, are skinnier than your average Philadelphia street, one driving lane and one parking lane each.

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These blocks are majority occupied with all existing structures being two stories tall.

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And further, just to comment on the Google map that was presented, nearby multifamily is not grounds to grant a variance.

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In fact, I would clarify on the map that it looked like from what I could see, the bulk of the properties that were listed on that counselor's map were located on Chester Avenue, as well as 52nd Street.

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Both streets that have a very different scale and character as Wilton Street and Lindenwood Streets.

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Those are probably double the width of Wilton and Lindenwood with a mix of uses, as well as accepted transit access.

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So for all these reasons, we stand with neighbors in opposition to these applications and we thank you for your time today.

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Thank you, Mr. Goodman.

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Anyone else?

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We have Diane Settles, chair.

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OK, Mr.

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Diane, something new and different.

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Please identify yourself for the record.

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Good afternoon, Chairman and Board of Adjustments.

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My name is Diane Settles.

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I'm speaking on behalf of King Sesson Area Civic Association.

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Your first and last name for the cenographer, please.

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My first name is spelled D-I-A-N-N-E.

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My last name is spelled S-E-T-T-L-E-S.

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My address is 1313 South 49th Street, Philadelphia, 19143.

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You saw our firm to tell the truth, the whole truth, and nothing but the truth?

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I do, sir.

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Thank you. Please proceed.

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I'm speaking on behalf of the RCO, Kingston Area Civics Association, and we were also the RCO that convened this meeting.

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I just want everyone to know that I did apologize to the lawyer and his staff for the delay in my setting up the community meeting due to COVID, recent job insecurity.

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It came all at one time, so I did apologize, but I must say I do not believe that that the delay in the meeting affected the outcome of the community vote.

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I would also like to say that the letter to the ZBA that I sent with the meeting summary along with the meeting summary was sent yesterday before three o'clock and

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The lawyer is correct. I did say a letter after 5 p.m. Mr. Thomas Ball, I just want everyone to

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know that he was at the community meeting. Also, the lawyer, in the early part of his testimony,

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he had mentioned, or what I took it as, that Mr. LeVar Clark was an up-and-coming developer.

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But then when Mr. Clark begins to talk, he talks about how many things he has going on, what he has done, the buildings he has sold.

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So I'm like confused. Is he up and coming or is he really a full-fledged developer looking to as much as Southwest Philadelphia as he can?

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He currently has an application for development at 52nd and Woodland Avenue.

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Objection, relevance.

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all right all right all right i'm just saying that this gentleman has a lot going on

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but the lawyer also changed his mind because at the meeting when we were asking about doing

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single family homes he never mentioned anything about doing a condo that was never he wasn't going

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to do a single family home because there was much and he never mentioned anything about a condo

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So we still stand in opposition of this development and for the development on Lindenwood Street and that is what I have to say.

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and for the development on Lindenwood Street, and that is what I have to say. Thank you very much.

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Thank you. I think that's up for testimony. Mr. Sleper, you're done?

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Mr. Acting Chair, I'm actually glad Ms. Settles mentioned condoing. I wanted to, if I may,

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recall my client for a moment. I wanted to ask him one or two more questions on redirect, if I may.

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Thank you. Briefly.

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LeVar, you still out there? Yes, I'm here. Mr. Clark, you heard Ms. Settle's testimony regarding single family and regarding condos. I wanted to ask you if you had anything else to add to your testimony before the board today regarding that specific issue.

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In regards to that specific issue, I've done these developments in the past, typically the units, but we actually put all condo docks in. If you want specific addresses, I can give them to you.

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It's probably, like I said previously, when we do the condos, it creates affordability for particular residents because it's basically half the price than it would be for selling regular single family homes.

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and that's why we do it and we've seen that it works very well and typically

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when we come in and do it that way we get favorable feedback from the

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communities thank you I what is there a is there any so so just to clarify mr.

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Clark you're open to creating these as condos rather than rentals correct

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i'm sorry i had to unmute i guess you had to unmute it wow you're open to uh creating these

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as condos rather than as rentals if that would um help move along relations with the community

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yes definitely yes okay um all right and okay uh

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i don't think i have anything further for mr clark at this time thank you planning commission

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this is uh from bednar city planning this recommendation is for all five uh south wilton

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properties these properties are all indicated for residential use on the city plan no changes

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are currently proposed for the existing residential single-family zoning at these

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locations. The applicant's hardship is not supported with evidence of unique physical

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conditions or circumstances or conditions of these properties, and that would prevent

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them from being used in conformance with the code. Therefore, we recommend that the

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Equestria Variance for All not be granted. Thank you. All right. Calendar number MI 2021-001483,

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1349 Wilton Street, and MI 001491-1321 South Wilton Street, and MI 001490-1332 South

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wilton street um i'm sorry um mr chair uh before uh before the board votes we we may be open to um

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some form of compromise uh with the community on um on some of these properties uh would i be able

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to uh recall my client once more oh jesus fucking christ briefly thank you um mr clark

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yes i'm here uh is there any any form i mean we've heard a lot of testimony from the community

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members uh and from the planning commission would there be any form of of compromise you'd be

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willing able to see your way to uh with with these groups yes um you know after after hearing

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the testimony and the concerns of the neighbors, I am willing to compromise. Like I said in the

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past, and even at the RCO meetings, my plan is to be a part of this community. My plan is to have

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other projects that I'm looking to do, which I'm actually looking to put my office there. So

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