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Hearing video

ZBA Hearing - March 8, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Mar 8, 20233h 49m

Sure

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

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Hi, Mr. Moody, could you state your name?

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Good morning. Mitchell Moody, M-I-T-C-H-E-L-L-M-O-O-D-I-E.

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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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Yes.

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All right. So for a point, your case, this application is for new construction of an attached building with a roof deck and roof access structure. Size and location is shown in plans for use as a multifamily three-unit household.

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There is a refusal. The proposed use multifamily household living is prohibited in the RSA 5

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residential district, and there's two zoning refusals too. The proposed structure does not

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comply with the maximum height requirement of RSA 5 zoning district, and two, if abutting lots on

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both sides of an attached building contain only two stories of enclosed area, the stories above

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the second floor of the attached house shall be set back an additional eight feet from the minimum

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distance between the front facades and the front lot line, whereas there is no third floor setback

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on this proposed structure. Our vice chair has just a few questions for you, sir.

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Good afternoon, sir. Have you emailed all the required documents and exhibits that are required

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to move and proceed with this case five days in advance of this hearing yes thank you please

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Please proceed and share your screen.

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I'm clicking it.

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Can you see my screen?

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i can sir why did you start all right this is the refusal letter we've received this is our

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application of uphill yes this is the letter we sent out for the rco meeting and zba meeting

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this is the letter of opposition received from the rco right uh vote 10 to 0 in the community

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seven to zero from the actual board this is a copy of our D this is the

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receipts for the mailing this is the postage on the building um this tell us

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what you're gonna do okay so essentially um I lived on this block since 2014

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when COVID hit, we moved to Maryland.

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We kept the house because we want to stay in the city.

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We've been there for, you know, I've been there since 06.

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We have a lot of friends and family there.

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The house has remained vacant.

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We go back every now and then,

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but with the addition of our daughter,

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it's been a lot to carry the mortgage.

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So we're looking for ways to keep the house and the family,

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but kind of reduce that burden of having to pay two mortgages.

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We're looking to expand, add two floors to the existing building and turn it into a triplex.

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There will be a maximum of five bedrooms, two bedroom apartments and one bedroom apartment.

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The plan is for us to occupy the top floor and that would remain vacant for our family.

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and we would rent out the lower two levels

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to offset the mortgage from the front.

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We wanna keep that same look.

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You cannot tell it's a single family from just looking at it.

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We have a recessed entrance that hides the meters.

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So it looks like other new construction on the block.

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We asked for a 40 foot variance

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so we could kind of avoid underpinning

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to get the clearance in the basement.

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That would also allow us to keep the steps in line with the other houses on the block, on our side.

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This is my current property here.

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This right here is new construction in the back.

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There's 10 buildings that were approved for a 40-foot height previously.

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This is two new construction buildings across the street from us.

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um i believe they're 38 feet but they're also four story buildings with a fourth floor setback

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um the block is a mix of two stories um three stories and four stories

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There are no properties on the block that have a third floor setback, and 100% of properties on the block that have three floors or more are for full face.

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there are no properties on the block that have a third floor setback and a hundred percent

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This is my layout here, bedroom, kitchen, living room up on the first floor.

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Second floor is an extra entertainment space or living space, another bedroom.

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Second apartment is a one-bedroom, kitchen, dining room.

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The top floor is a two-bedroom space.

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I'm not looking to, you know, cram a whole bunch of apartments in there.

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My lot's pretty big.

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I've seen houses with five units.

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I'm only here to, you know, keep my property and have access to it without having to pay the mortgage

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and kind of generate some type of income to help offset costs of daycare and schooling for my children.

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uh i set the fourth story back um 11 feet uh eight feet is the requirement but i'm pushing

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it back just to kind of give extra clearance um there are other houses on the block this is an

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example of a house that's on our block for sale it's a five bedroom uh five bath the density is

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the same as the multi family that i'm proposing um just to show an example of you know what's on the

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block you can see this is the eighth street side of our block there's three stories on each side

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both of these buildings are multi-family buildings um as you move down the block on the seven street

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side all houses are three family there's a cluster of two families in the middle of the block

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um 57 of the houses on the block are three story or more

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and this is that cluster here i'm two houses away from the three stories here and on the other side

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i'm four stories away from the four-story buildings this is the new construction where it's the 40

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foot houses that were approved you see more three families are three stories here all four face no

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setbacks these are a list of multi-families in the neighborhood um note 736 latona street is my

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neighbor they have a duplex um all confirmed by uh rental licenses and me living next to

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for the seven years while I was in Philly. Here again, there are a total of 15

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two-story buildings on our block. The rest are three and four for the 57%.

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This is a map of all the multi-families in a one-block radius from my

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This is my residence.

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This is just another map showing you where they are.

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The blue are ones that are zoned, CMX.

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The reds are RSA5 zoning.

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But there are multiple multi-families in the area.

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This is the rental license for my neighbor.

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He has two units. This is another multi-family 60 feet from my property at the top of the block.

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There are rental licenses as well. This is a mechanic shop with seven units on top.

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Just to show that there are multi-families in the area. This is the building at the top of the block.

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This is also a commercial block.

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You know, I live right next to Paso Young and Paso Geno.

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So this whole strip has a whole bunch of commercial properties as well.

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There's seven units for that one.

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This is another commercial property west of or east of my block, next block over.

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this is a three family here and this is a 12 unit building so as you can see I'm stuck between two

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commercial spaces this is the rental license for that one and for the bigger one this is where my

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property is you can see the zoning map it's a spread of commercial in RSA five over here you

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will see three RSA 5 zone properties that have been approved for multi-family use and

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family uh use and commercial use uh 1326 is a brewery with four units on top uh 1312 to 1316

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commercial use 1326.

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pass young is three properties that were approved for duplexes and 833 porton street is uh 25

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or was approved for 25 units with a commercial space at the bottom uh they reduced to 21 but um

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There has been RSA-5 lots that have been approved for multi-family and mixed use, close to my property here, two blocks away to be exact.

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These are the three duplexes next to single-family homes on East Pass Yonk that were zoned RSA-5.

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This is the application used for two family household living.

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13-12, the deed shows the two deeds for the two units.

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They have one rental license that they applied for recently.

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So one unit is, I'm assuming, being lived in and one is being rented.

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And that's for 13-12, 14, and 16.

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This is the brewery that was approved, that was the RSA 5 lot.

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They also got approved for four units on top.

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You can see that it's right along the lines of other single family properties, less than

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two blocks away from my property, shown here, 900 feet.

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this is the permit for the four-family dwelling

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this is the approval from the zoning board

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this is for the brewery this is the approval from the zoning board

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this is 833 Warren this lot was RSA 5 that got approved for the 21 units with

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Stores at the bottom roughly a block away from my property show here

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This is the zoning use 25 approved, but they like I said they reduced it to 21

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21 units license here to lay out

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that pretty much covers it um this is just showing you my property that auto mechanic shop at the top

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of the block brings you up here and just taking you down that sector um nothing but commercial

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spaces along that corridor leading up to passing genos you can see the 40-foot structures from here

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okay I think that is it all right um questions from the board

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no Mr. Chairman no chairman no Mr. Chairman questions or comments from the virtual audience

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chair we have Tammy Johnson okay hi could you state your name please and spell for the court

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reporter. Ms. Johnson, please unmute yourself.

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Okay. Hello? Hi. Could you state your name, please, and spell for the court reporter?

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Okay. My name is Tammy Johnson, but probably I was trying to talk about what the 2352,

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which you already approved. I forgot to take my hand down. Okay. Thank you. Is there anyone

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else in the virtual audience yes chair we have charles richardson for 734 latona

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his hand it's not me it's not me i'm sorry i was going to say not 734 latona

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that's definitely wrong okay moving along we have deborah warring okay

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

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Good afternoon. My name is Debra, D-E-B-R-A, last name Waring, W-A-R-R-I-N-G.

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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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Are you a neighbor?

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I am. I live at 723 Latona Street.

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Okay, proceed.

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I'd like to, first of all, thank you to the board for allowing me to speak today.

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I'd like to address a couple of the issues that Mr. Moody has raised.

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and state my opposition to the proposed variances.

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and state my opposition to the proposed variances. First, with regard to the variance for multifamily

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use, I've lived on Latona Street since 2015. And, you know, Latona is, it's a small side street in

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South Philly. We can't even get a full-size trash truck down, right? The little one has to come do

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our collections. And it is a block that is predominantly, you know, two and three-story

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homes. Now, there has been, as Mr. Moody has pointed out, some new construction happening on

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Latona over the past three years. There's been two projects that this board has approved that

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have greatly increased the density of the street. Indeed, there's been 12 new single-family homes

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that either have been constructed or are currently under construction on Latona. On this one, the

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700 block. This has really built up our block to the point that I'm very concerned about adding

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additional units due to the density of population on such a small street. Parking here is already

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a problem, but just beyond parking, the amount of increased street traffic and things like that

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from having all these additional residents, I think certainly is a concern. I also think I'd

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like to preserve the character of our small South Philly Street. Mr. Mooney has pointed out some

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multifamily units that have been approved in the neighborhood. And I would point out that those

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are a lot on major commercial corridors. He pointed out things on Pass Young. You know,

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Latona is not a commercial street. There's not a single commercial property on Latona.

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It is a residential, you know, single family street. And I would also point out that I believe

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Mr. Mooney identified one or two properties on the street that he claims are multifamily. I don't

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believe that any of those actually have zoning improved to be multifamily. I mean, it may be a

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situation where they're not in accordance with the zoning regulations, but, you know, just because

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somebody else is not doing what they're supposed to be doing, I don't know that that justifies a

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variance here. And we're also concerned about the height. You know, Mr. Mooney's project sits in the

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middle of a string of, you know, seven or eight two-story homes. I think it's really going to stick

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out um on the block and um i think it's really going to deteriorate from the character of our

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small side street um so that's why i'm standing in opposition thank you thank you thank you for

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calling in we appreciate it is there anyone else in the virtual audience yes chair we have ian

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last name ending with n as in nancy could you state your name and spell please for the court reporter

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hello

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sir please unmute yourself there we go sorry i couldn't find the box

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

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ian note i-a-n-n-o-t-g-e do you swear or affirm to tell the truth the whole truth nothing but

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the truth. I do. Are you a neighbor? Yes, I live at 707. Proceed, sir.

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I was really sad when Kayla and Mitchell moved to Maryland. They were great neighbors,

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and I wish I could support their venture, but the variances that they seek will hurt our community.

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Last week, I circulated a petition to neighbors living within one block of 734, and 39 neighbors

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signed asking the ZDA to deny the variances sought. Only one of the 40i approach declined to sign

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because he said he was unfamiliar with the specifics of the situation. First, we believe

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that the proposed variances will have a negative impact on the community character and atmosphere

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that we've worked so hard to achieve, allowing this single-family row home in the middle of a

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strip of row homes to be converted into three apartment units, or worse still, possibly three

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airbnb units runs counter to maintaining our cohesive community additionally density issues

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such as parking and trash are already problems on our block increasing density without the

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accompanying proper city planning for the needs of different kinds of use degrades functional

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neighborhoods the applied for variance in height is also strongly opposed by the neighbors

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We live here because we want to live on a small block of row houses. Putting in a structure that

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dwarfs the surrounding homes is not the new aesthetic as the architect for the project said

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to the Neighborhoods Association meeting last month. It is an assault on our historic character.

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Although allowing these variances will erode the character of the block and our neighborhood.

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Allowing these variances will erode the character of the block and our neighborhood.

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Our neighbors fought very hard and virtually unanimously against two developments on our block within the past five years.

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These developments and all the problems that we predicted that would occur with them were forced on us anyway.

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Allowing a third development with multiple variances will just make a joke of zoning regulations that apply to our block.

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A precedent will be set for developers to have carte blanche to do what they want, with no regard to how it will impact the people who live here.

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What is the point of having city planning and zoning regulations at all if we allow every proposed construction to ignore the rules that make our neighborhoods livable?

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Thank you for noting the strong and united opposition to the neighbors.

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For your call. Is there anyone else in the virtual audience?

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