civus
Hearing video

ZBA Hearing - April 21, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Apr 21, 20218h 28m

PCPC Zoning

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Jason Hunt

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Karima

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Cantana

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However, I send

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everything on Sunday

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On what day?

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On Sunday

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So that would

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not be five days in advance

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But it does appear, Sharon, that it was sent to you.

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He said he did face the letter.

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I'm looking for that now.

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Could we move this back a couple of cases so that I can try to find the exhibits and go through them?

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Sure.

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We'll look in the RTO box.

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If I can ask the Z-Day staff to look in the RTO box.

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Thank you, Madam Chair.

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Thank you.

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um sir we're going to move on to the next case while the staff and the administrators try to

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find this um documentation okay thank you sure calendar number 3341 30 north 23rd street

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the attorney is jared klein

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he's coming in now as a panelist okay good mr klein name it name an address on the record and

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spell your last name please certainly jared klein from blind rome it's k-l-e-i-n it's 130 north

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18th street in philadelphia okay do you swear or affirm to tell the whole truth and nothing about

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the truth yes i do do you agree to waive the reading of the refusal and stipulate to its

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accuracy? Yes, I do. Have you emailed the exhibit packet with proof of ownership tax compliance,

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a copy of the refusal referral, photos and or plans of the property five days in advance of

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this hearing? And have you met with the RCO? And do you have a letter? Yes, to all of the above.

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Okay, you may proceed. Thank you. I'm going to share my screen. Can everybody see that?

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Thank you. I'm going to share my screen. Can everybody see that?

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Yes. We also have a letter, and I'm sure you're aware of it, from the Logan Square Neighborhood Association of Non-Opposition.

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Correct. And in light of that, I will keep my presentation nice and brief.

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Thank you.

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So this is an application for 30 North 23rd. It's the Riverwalk South Building that's part of the PMC Property Group development there.

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This application is for the commercial space on the ground floor.

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And the application is for essentially a doggy daycare.

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The business is called Doggy VIP.

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They have a current location elsewhere in the center city area.

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They're moving to a bigger space here.

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And what they do is basic dog and cat spa services and boarding services,

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similar to many other businesses I'm sure the board is familiar with.

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As you noted, we did meet with Logan Square Neighbors Association.

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There was overwhelming non-opposition with a proviso that the boarding be limited to cats and dogs

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and not include cremation or vet services, which we are fine with.

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It was never our intention to do any of those things.

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So if the board is inclined to add that as a proviso, we're certainly fine with that.

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This is the letter, as the vice chair referenced, just to give the board some brief context.

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This is the area that we're talking about.

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The property was posted, as the board can see on these photos.

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And to just orient you, this is the aerial view of the property.

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The dog daycare is going to be located here.

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and people will be able to enter the river walk through the arch street entrance there will be a

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drop-off area here so there will not be standing traffic in any of the roadways for drop-off or

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pickup and they will have a dog run available here as part of the general amenities area for

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this development so they'll be able to move the dogs out of a back door here and give them

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some outdoor play space without disturbing the rest of the rest of the development

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this is some general information about the services that doggy vip provides

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and within the packet of materials i submitted to the board we had copies of the tax clearance

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lease agreement and the mailing that was sent to the neighbors um in light of the strong community

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non-opposition i won't take the board's time to go through any of that uh and i will open it up

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for any questions. Okay, does the board have any questions? No. Sharon, can I use that as a

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proviso, no cremation or vet services? I apologize, Chair. You were asking, could you add a proviso

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saying no cremation or vet services? Yes. Yes, that's fine. Okay, great. Planning? Yes. Can I

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just briefly have my client who's on the line adopt my testimony sure eric shellmeyer if you

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can raise your virtual hand i adopt your testimony oh my gosh do you swear for him to tell the whole

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truth and nothing about the truth i do can you spell your name please put it on the record

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um eric shellmeyer e-r-i-c s-h-e-l-m-i-r-e

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thank you but that was a resounding adoption it was that was that was quite the endorsement

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thank you eric it's unbelievable i don't have anything further madam vice chair okay planning

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commission thank you madam charity and higgy for the city planning commission

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The comprehensive plan recommends no change to the existing multifamily and core commercial

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zoning at this location.

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Animal boarding is not permitted as a matter of right anywhere in Center City or University

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City and so despite a lack of physical hardship, the City Planning Commission would recommend

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that the Board grant this use variance as a matter of reasonable accommodation of a needed

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use.

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Thank you.

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Does anyone in the virtual audience have any questions?

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No hands at this time, Chair.

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Thank you.

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Calendar number 3341, 30 North 23rd Street.

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My vote is yes with no cremation or vet services.

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Yes with proviso.

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Yes with proviso.

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Yes with proviso.

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Thank you very much.

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Good luck.

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Sure.

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Calendar number 3318-4124 Haverford Avenue.

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4124 Haverford Avenue. The attorney is Brett Feldman.

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The attorney is Brett Feldman.

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Mr. Feldman, you can unmute yourself and wait to be sworn.

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Hi, Mr. Feldman, can you put your name and address on the record and spell your last name?

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Yes. Good morning, Madam Vice Chair, members of the board. Brett Feldman, 1835 Market Street, Philadelphia, Pennsylvania, 19103. I represent the property owners, zoning applicants, Palatin West, and their principals, Leora Moshe Barrazzani.

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

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No, I do.

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

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I do.

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have you emailed the exhibit packet with proof of ownership tax compliance

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photos and or plans copy of the refusal or referral and have you met five days in advance

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of this hearing and have you met with the rco and do you have a letter all right yes and as far as

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the letter um they submitted a letter i believe yesterday uh or monday from the west palatin

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saunders park rco in support for this thank you you may proceed great if i may share my screen

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Great. I'll get right to it. I'd also ask that our project architect, Jerry Roller,

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be unmuted, as well as our principals, Lior and Moshe Barizani. So here's the exhibits

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1 through 12, which at Aspian Cook are into the record. At Exhibit 1012, you see our community

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letter of support with provisos. Here is the site. It's this building right here. It's a

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currently, I guess, one and a half story building. It's at the southeast corner of 42nd Street and

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Haverford Avenue in West Philadelphia. Pelton Saunders Park neighborhood across the street is

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the big Drexel athletic complex that takes the whole block with field after field after field.

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This is what the building looks like right now. We obtained approvals about a year and a half ago,

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completely code compliant to add a four-story addition to that existing one-story building.

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First floor would be commercial retail. Second floor would be offices. And this whole project

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is just about the offices on the second floor um and then the third through fifth floor would be

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37 apartments um we have the permit uh attached um again that's that's the building right right

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now next to a four-story building uh that uh we my clients own as well and then there's the drexel

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fields over here um here's some pictures here's the posting poster again here's the permit that

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we obtained in 2019 for the five-story building, first floor retail commercial, second floor

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offices, and 37 apartments above. Here's all the approved plans. We also are very proud to be part

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of the mixed income bonus. We're making almost, I think, a $370,000 contribution to the City Housing

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Trust Fund as part of this project. And this application in no way impacts that. We're still

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making the funds um still making the payment um the whole refusal here today is and that's what

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the that's what the approved building looks like again we're not changing anything to the outside

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the envelope the height um that's what it looks like um here are the here are the floor plans for

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the approved building the whole project is the whole application is about the second floor

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We obtained approvals to do a kind of like a mini incubator, like an office incubator in the neighborhood, real small office space on the second floor that we thought was a great idea, you know, would provide some opportunities for some office incubation.

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Approximately about 80 people occupancy in the second floor.

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I think we all know with COVID, the last thing right now that banks and other folks want to look at is small office space on a second floor of a building.

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So what we're looking to do, instead of having the 80-person occupancy on the second floor, we are looking to switch that over to, initially it was 14 apartments.

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We have worked, I don't know, for four or five months with the community group, the neighbors, Pam Andrews.

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We now reduced it down to 12 apartments on that second floor instead of the 80 occupancy office on the second floor.

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office on the second floor, a mix of two bedrooms and one bedroom. These are all good size units.

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A mix of two bedrooms and one bedroom. These are all good.

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Mr. Roller can certainly get into, you know, units and sizes. Again, we still have all the

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same trash storage. It's all internal trash storage. But that really is the hardship.

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This is what we got to prove. This is what we wanted to do. This is what we went to the banks

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for. And we're now a year and a half out with a building that's actually having structural

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problems now if you go out there now there's actually fences that we've had to put up because

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of l and i because of the continued degradation of the building so we need to get need to get this

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project uh going and um the second floor has really been the problem as far as from a financing

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perspective so that's why we went to the 12 units we have that letter of support from the community

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mr roller i i think you're out there if you just want to raise your hand and if there's anything

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further you'd like to add as far as the switch from the second floor office is to the now 12

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units on the second floor, please feel free to jump in. Hello, this is Mr. Roller. We can hear

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you. Can you put your name and address on the record and spell your last name and then I'll

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where are you in? Certainly. It's Jerry Roller, R-O-L-L-E-R, JKRP Architects, 100 East Penn Square,

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Philadelphia PA 19107. Thank you. Do you swear for me to tell the whole truth and nothing but

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the truth? I do. Thank you. You may proceed. And Jerry, just to, again, reiterate, we had this

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five-story building proved as of right. There's nothing pertaining to the height, envelope, trash

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storage nothing other than the second no the only change here is to convert what was a second floor

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office into uh second floor apartments uh the the office idea was a good idea at the time

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uh it has proved to be untenable and unfinacable uh nobody wants to uh go into office space or to

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finance office space today uh and therefore the logical use of that space would be office the same

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volume of the building will be there. It doesn't affect anything else other than adding 12 units

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to the overall. And in fact, probably reduces the overall population of the building because

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you have 24 offices on this to begin with, and you could have two people in an office

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theoretically. So this would be a much more heavily populated floor than it will be as offices.

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um madam vice chair are there any questions for mr rolla um is the board of any questions

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yes no what is what is the total number of uh dwelling units it would it would be it would be

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51 now we had 37 approved initially we would be adding um we would be adding for 12 12 it's

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It's actually going to be 49.

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49.

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Thank you.

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Excuse me, Mr. Feldman, that is different than the number that the proposal that Ellen and I reviewed.

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Correct.

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It's two less.

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Correct.

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And we would agree to that as a proviso.

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We've made that abundantly clear with the community group.

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And they've also, I know, attached in their letter of support.

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And unfortunately, I don't have a copy of the letter of support.

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If you could forward me one.

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Can I just go to that right now?

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Yes, please.

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And you would agree to a proviso stating maximum 49 units total.

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Is that correct?

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Yes.

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Yes.

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I mean, it's, yeah.

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I mean, or you could do 49 is the right number.

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Yes.

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Yes.

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Yeah.

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And I just, you know, obviously, always traffic and parking.

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We did our own study.

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I mean, there's just day after day of, you know, we think parking availability there.

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But we are actually working with the community group to see in the proviso letter.

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We're going to be supporting on-street permit parking, you know, community cleanups.

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There's a whole – it's been a good relationship.

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We've done a lot with them, but this is their letter of support.

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Here it is, letter of support.

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And then these are the provisos.

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I don't think you can put these all in your – any approval that you would grant,

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but we've got a side letter already documenting our acquiescence to these provisions.

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Does the board have any other questions?

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No.

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No.

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Okay, is there anyone in the virtual audience with questions?

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We have Andrew Goodman.

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