civus

ZBA Hearing - April 5, 2023

Hearing video from Philadelphia Zoning Board of Adjustment (ZBA), Apr 5, 2023, 5h 31m

to provide comprehensive medical, dental, behavioral health, and child development services.

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If the Board would like, I would be happy to address each of the specific requirements of

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the Code that justify granting of the requested variances and special exception. However, in the

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interest of efficiency, since the Board did previously see this project substantively,

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unless the board objects, I will submit that we comply with section 143037 and eight of the code

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in that the request will not alter the essential character of the neighborhood,

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impair development of the surrounding area, or cause any detrimental impact. All of the arguments

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presented during the original hearing on this project should be expressly incorporated into

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our arguments made today the modification of the proposed height is de minimis and this proposed

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medical center directly fulfills nearly a decade-long planning process for this critical

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mantua community with respect to the community mantua civic association issued a letter of support

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for the proposal which is up on your screen at tab 16. at this time if the chair could locate

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uh charles lomax to adopt my testimony

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hi mr lomax please raise your hand

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mr lomax please unmute yourself and wait for the chair

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

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uh charles c-h-a-r-l-e-s lomax l-o-m-a-x right do you swear or affirm to tell the truth the

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whole truth and nothing but the truth sir yes i do proceed counsel thank you charles uh have

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Thank you. Charles, have you heard all of my testimony offered before the board today?

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you heard all of my testimony offered before the board

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Yes, I have.

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And do you agree that the testimony offered was true and accurate, and would you adopt that testimony as if it were your own?

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Yes, I will.

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Thank you. Mr. Chairman, if you have any questions, we'd be happy to answer that.

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Questions from the board?

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No, Mr. Chairman.

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No, Mr. Chairman.

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Questions or comments from the virtual audience?

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No.

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I see no hands at this time, Chair.

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Planning Commission?

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This is Ron Bednar, City Planning.

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The property is indicated for residential on the city plan.

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Given the conditions of the site and no impact directly related,

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we recommend that both the variances and special exceptions be approved.

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Thank you.

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MI 2022-006-762-601-North-37th Street, Lot A.

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I vote yes.

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Thomas Holloman, I vote yes.

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James Snell, I vote yes.

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Ishmael Shahid, my vote is yes.

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Thank you.

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Number 13, MI 2022-2021-

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MI 2022-004-751-6243 Oguns Avenue. Matthew Laley, Michael Matione, are the attorneys. Letter of support from a concerned community group.

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Mr. Matione is coming back in now as a panelist here.

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Thank you.

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Good afternoon again, Mr. Chairman.

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Mr. Mattione, you've already been sworn. Just for the record, state your name.

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Sure. Michael Mattione, M-A-T-T-I-O-N-I.

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Could you identify your client, the relationship to this property?

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Certainly. It's Obie Ketchik-Paley. She is both the owner of the property and the operator.

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Okay. Our vice chair has just a few questions, sir.

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Sure.

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good afternoon sir have you emailed all the required documents to receive this

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case five days in advance of this hearing yes with the exception of the rco letter which we

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did not receive and send over until yesterday okay thank you proceed and share your screen

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And again, I'm here on behalf of Obi Ketchikpeli, who is the owner of the property at 6243 Ogons Avenue.

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And we did present the tax clearance, the refusal, the RCO support letter, floor plans, photographs, use history at this property, nearby commercial uses, support petitions.

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We had 47 support petitions and the appeal and our proof of mailing of all the information regarding the RCO meeting.

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And this property, again, is 6243 Ogontz Avenue. Our refusal is, it says multiple uses because we have a commercial use on the first floor and a single apartment on the second floor, and the commercial use, the personal services, is prohibited in the RSA 5 district.

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As we stated, we did receive a support letter from a concerned community association.

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We met with them on March 28th and they supported the project.

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I just want to show you photographs of the site.

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Well, let me go to the floor plan first.

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What we're talking about here is the first floor.

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Obi would like to have a hair braiding salon in the first floor as shown here.

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This is a longstanding property with a commercial use on the first floor and a residential use above.

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As I will show you, there are permits going back to at least 1944 with commercial use on the first floor and an apartment above.

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The only way to get into the first floor is through this door here or through the door in the back.

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It's separate and distinct.

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There's the stairs, which you enter here to go to the apartment upstairs, and there is

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a set of stairs outside to go to the apartment in the back.

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So you cannot get to the apartment upstairs from the commercial use downstairs.

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They're totally separate, and the basement is part of the commercial use.

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So moving down, I just want to show some photographs.

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These photographs. This is the exterior of the site. There's the front door that I pointed out. There's the door that's separate to the apartment upstairs. And here are some photos showing the interior of the facility.

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This is the exterior of the site.

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it's not operational now but the equipment and all is being stored in there

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pending hopefully approval of this application and you can see in the back there's the back

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door to the first floor and there's the back door to the second floor up the steps

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now obi and here's the apartment upstairs i'm sorry the separate apartment upstairs

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It's been in the process of being renovated, but as you can see, it's one apartment, totally separate from the unit downstairs.

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Obie has been in the hair braiding business since at least 2008.

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She used to own the property right down the street at 63, used to operate out of the property, I'm sorry, at 6338 Ogons Avenue, right down the street.

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This is when she used to operate there.

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She lost her lease in 2021.

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one. These are some photos just showing the general area around. This is Ogons Avenue and

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Metairie Street, just showing what's around. And this is a traditional corner property that has a

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corner store in it on the first floor, like many in different parts of Philadelphia.

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And then there are several commercial uses as well. 6301 North 18th Street, which is half a

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block away that's a daycare center 63 40 50 and 52 Ogons Avenue right down the other end of the

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block you have a supermarket and some bacon commercial stores and then on the corner there

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you have a crown chicken right there on the corner of Ogons Stenton and Shelton Avenues

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and then going back down the other way in the middle of the block about half a block from her

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You have 6217 Ogons Avenue, which is Cassandra's Creations, another salon, and then down a little bit more down the block, you also have a deli at 6201 Ogons and another daycare center at 6149, I believe, Ogons.

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Now, moving down to Exhibit 6, you see, this is the permit from 1943 or 1944, showing that the first floor was a doctor's office with a one-family dwelling above.

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So, this is 80 years of use as a commercial use on the ground floor.

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The next permit was in 1960 for a retail sale of stamps for stamp collectors on the first floor with a one-unit above.

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In 2003, another permit for a three-year temporary permit for a deli on the first floor with one apartment above.

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In 2006, you had the legalization permanently of that three-year temporary variance, making it a permanent variance.

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I want to take you down and also show you Exhibit 8.

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Obi went and walked the neighborhood, talked to all the neighbors.

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She's been in this community for several years, since at least 2015, when she opened her braiding store down the street.

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Support petition people on Godfrey Street, Gratz Street, North 18th Street, Metairie Avenue, which is the cross street, Ogontz Avenue, the 6300 block of Ogontz Avenue.

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There are 47 names in total on this petition and a map.

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This is her site, and you can see all around where the people in support.

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um again what you have here is a truly unique situation you've got an 80-year use of the ground

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floor as a commercial space every time because it's owned rsa5 you have a new commercial space

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come in you need to get a new variance because of the the rsa5 zoning even if you took this out

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and made it two apartments you would still need a variance and you can't have an apartment on the

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first floor there's no kitchen there's no full bathroom so it just doesn't work they're totally

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separate. They've been this way forever. You know, there's a hardship to the land. This is a truly

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unique site with a unique setup, long history. When you look at it, this was prior a deli. We're

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going to have less foot traffic than the deli. She proposes to have seven chairs, operate six

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days a week, Monday to Saturday, 8.30 a.m. to 7 p.m., four employees, trash stored inside

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with commercial trash pickup. And again, there's all these commercial spaces right down the street.

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So we believe that, you know, this requested variance is warranted.

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It's the minimum variance required.

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It's in keeping with the longstanding history of the property, you know, and really, really should be granted.

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you know, and really, really should be granted. What I would like to do, Mr. Chairman, is call

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What I would like to do, Mr. Chairman, is call on my client.

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my client, Toby. Yep.

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What is your client's name?

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Toby Ketchuk-Pele, K-A-T-C-H-E-K-P-E-L-E.

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Yes.

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Ms. Ketchuk-Pele, can you raise your hand?

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Ms. Kachepele, please unmute yourself and wait for the chair.

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

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My name is OBE Kachepele, O-B-E for the first name, and the last name is K-A-T-C-H-E-K-P-E-L-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, I do.

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Proceed, counsel.

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Thank you, Mr. Chairman.

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obie did did you hear my statements yes i do and are they true and correct yes and do you adopt them

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as your testimony yes i have nothing further for ms questions from the board no chair no

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questions questions or comments from the virtual audience there we have charles richardson

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Sure. Mr. Richardson, please unmute yourself and wait for the chair. Mr. Richardson, just state your name. You've already been sworn. Charles Richardson from the Office of Councilwoman Bass Room, 508 City Hall. Councilwoman is unopposed to granting the variance.

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Thank you very much. Anyone else in the virtual audience?

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I see no hands, Chair.

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planning commission uh ron bedmar city planning well this property is currently indicated for

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residential on the city plan given the documented use history we recommend the quest for grants

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thank you mi2022-004-751-6243 ogons avenue i vote yes

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thomas holliman

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james snell my vote is yes

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ishmael shaheed my vote is yes thank you counsel thank you mr chairman let's go back to number

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11 mi 2022 003 674 44 to 48 manheim street augusta o'neill is the attorney

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Good afternoon. Sorry again about that delay.

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

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Sure. My first name is Augusta. It's spelled A-U-G-U-S-T-A. My last name is spelled O-N-E-I-L-L.

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Right. Do you swear for him to tell the truth, the whole truth, and nothing but the truth?

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I do.

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Could you identify your client and the relationship to the property?

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My client is Property Brothers 44 LP.

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They are the owner of the property.

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And with me this afternoon is Leonard Gay.

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He's one of the principals of the Property Brothers 44 LP.

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All right.

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Our vice chair has just a few questions.

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Sure.

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Bethany, do you agree to waive the reading of the refusal and stipulate to his accuracy?

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I do.

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you emailed into our offices all the required documents and exhibits that are needed to

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proceed with this case five days in advance of this hearing i did thank you please proceed

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and share your screen and just for point of information we do have a letter of support

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from the 12th ward democratic rco based on revised plans they also note that faith cdc

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and wakefield 49ers also participated in the meeting and were in support there's a letter

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of opposition from solo germantown but they do provide us with viso should we should we approve

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it and proceed thank you so much chairman i also just want to point out that the 12th war democratic

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rco that was picked as the coordinating rco on this application thank you thank you so much so

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with that being said i'm again here this afternoon representing the owners of the property at 44 to

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48 manheim street a picture of the property is up on your screens at the moment this property is

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currently an empty building. The last zoning record that's available for this property

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is that tab five of my exhibit package. As you can see, the last permit that's on file

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shows that it was used for an office and storage. It is not currently being used for that. It's

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currently just an empty blighted building in this neighborhood.

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just for context here's a picture of the building in relation i'm sorry picture of the building

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Here's a picture of the building in relation to the other houses on the block.

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As you can see, this is kind of the eyesore of the neighborhood.

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All the other houses on the block are nice and well-maintained.

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And so it's our intent with this application to construct something at this location that's going to look as nice as the other properties on the block and look just as well-maintained.

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This property is zoned RSA 5.

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The initial application that was submitted was for a 12-unit, four-story building with parking

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underneath for seven vehicles. We did meet with the affected RCOs on October 20th, as well as

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the neighbors. At that time, the building that we presented looked like this in our renderings.

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Again, a four-story building. And the feedback that we got from the neighborhood was that they

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felt it was too tall, especially in relation to the building next door. So they wanted to see

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something that was reduced in height and also had fewer units. So in response to the feedback that

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was received, we are now proposing this building, which is three stories. It is 28 and a half feet

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down from 38 feet that was initially proposed. It is eight units down from the 12 that my clients

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initially asked for. And as you can see, we kept the parking underneath the building. We are still

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proposing those seven parking spaces, which the neighbors had indicated that they wanted to see

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more parking. So to meet with their concerns, we did keep the parking that was proposed.

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so you're going to hear from my client lenard gay this afternoon mr gay um was the member of the

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ownership entity that met most often with the affected neighbors he had multiple meetings

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with the neighbors in response to the concerns that were raised um he was very responsive to

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their concerns because he also happens to live nearby he's got a number of other properties

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near this location, so he's very sensitive and committed to working with the neighbors,

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which the RCO has noted in their letter of support.

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So the refusals that were generated on this application I will bring up on my screen.

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There were three refusals, one of which was for the use because we are proposing

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