civus
Hearing video

ZBA Hearing - April 21, 2021

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

Good morning. Hi, Mr. Goodman. Hi, good morning. Can you put your name on the record and spell your last name, please?

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Good morning, Mr. Goodman. Hi, good morning. Can you put your name on the

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Absolutely. Andrew Goodman, G-O-O-D-M-A-N, here representing the Office of Third District Council Member Jamie Gaudier, Room 586, City Hall.

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Thank you. Do you swear for me to tell the whole truth and nothing but the truth?

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Yes, I do.

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Okay, you may proceed.

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Thank you very much. Madam Vice Chair, members of the board, the council member has no opposition

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to the variance being requested at this address this morning.

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Thank you. Planning Commission?

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Thank you, Madam Chair. Ian Hegarty for the City Planning Commission.

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The comprehensive plan recommends no change to the existing commercial mixed-use zoning at this

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location. And I have to say we find the applicant has not supported a claim of hardship with

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evidence of unique physical conditions or shown that the zoning prevents economically viable

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development of this property in accordance with the zoning rules. The previously approved plans

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benefited from the use of by-right bonuses. Any further dwelling units are just simply in excess

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of what's allowed under the code in this zoning district. And so the City Planning Commission

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recommends that the zoning board deny the variance. Okay. Thank you. Excuse me. This is

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Sharon again, Madam Chair, just to confirm that I've gone through the requested provisos

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and agree with Mr. Feldman that none of those other than the 49 unit limit is enforceable.

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Yeah. Okay. Thank you. Calendar number 33184124 Haverford Avenue. My vote is yes with a maximum

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of 49 units. Yes, we're proviso. Yes, we're proviso. Yes, we're proviso. As always, thank you for your

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time and consideration. Thank you. Calendar number 1385, 535 Hansberry Street. The attorney is

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Alan Nockermson. And excuse me again, Madam Chair. After this case, if you could go back to

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grad street we were able to sign the exhibits thank you great so that's number four

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okay mr knockamson are you there in virtual world

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he's coming in now as a panelist thank you

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hello mr knockamson can you put your name and address on the record and spell your last name

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please yes good morning madam vice chair members of the board my name is alan knockamson a-l-a-n

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last name knockamson n-o-c-h-u-m-s-o-n address one two three south broad street suite 1600

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philadelphia pa 19109 thank you do you swear or affirm to tell the whole truth and nothing but

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

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accuracy i do have you emailed the exhibit packet with proof of ownership tax compliance refusal

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referral photos plans five days in advance of this hearing and have you met with the rco and

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do you have a letter yes in all respects thank you um and it's also noted that solo germantown

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civic association has submitted a letter of opposition so with that you may proceed thank

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Thank you. Thank you. May I share my screen? Absolutely. All right. Great. Can you see my screen?

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Yes. All right. Great. All right. So I'm here for 535 Hansberry Street. The property is at the

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corner of Whitsahickon and Hansberry. You'll see that what we're trying to do from this rendering

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is to match the architectural detail and feel of the property that's to the right of us and

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in the general neighborhood. You'll see during our presentation the table of contents is the

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index of exhibits. First exhibit will be the deed to the property showing that the corporate entity

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that my client owns owns the property. Second exhibit is the certificate of tax clearance

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showing that my client has good standing with respect to real estate taxes as to the property.

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Third exhibit is the notice of refusal. We will go over the different refusals and the zoning

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classification and why there is justification under the circumstances for this board to grant

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the pending zoning appeal. Exhibit four, you will see the permit for this property in 1958.

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You will see that it evidences that this as of 1958 was a two unit property. This is a corner

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property so it's non-common for properties you know that are corner properties to be multi-unit

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you know that are corner properties to be multi-unit and does have a multi-unit history

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and does have a multi-unit

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and then after 1958 this became a rooming house so I did review the zoning file for this property

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I do not see any use of single family not to say there hasn't been but I haven't seen anything

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in the zoning file in that respect for this property exhibit five you'll see the application

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for appeal to showing that we filed the appeal of this notice refusal to zoning board adjustment

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Exhibit 6 is the zoning map as well as the Google map of the property in the surrounding area.

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You'll see from the zoning map that we are, you know, a single-family designation from a

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classification point of view, but we are surrounded by RM1. Additionally, you'll see from the Google

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maps that we're across the street from the VA regional office as well as a child care center,

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and it does look like Drexel University has some space across the street as well.

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Exhibit 7 you'll see photographs of the property as well you know it's a vacant lot right now as

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well as the surrounding area. Exhibit 8 will show you the plans and drawings and Exhibit 9 you will

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see the letter and we'll go over their letter of opposition. So first thing is 3027 Daring Street

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LLC owns the property of 535 Hansberry. And then you'll see a certificate of tax clearance for

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this address showing that they're in good standing with the City of Philadelphia.

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Then the notice of refusal. So this is an RSA 3 property. We have two refusals for this property.

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We're proposing to put a two-unit household living in this property. And that's really

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not 100% the case because you'll see from our drawings we're trying to make this into a two-unit

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condominium. And instead of having units on multiple floors, what we're trying to do is

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we're essentially cutting the building in half. So these are really two single-family homes.

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Instead of subdividing the property, what we're doing is just creating, it's a different way of

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doing it, but for all intents and purposes, these are two single-family homes. And you'll see that

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from the drawings and from the floor plans. And these are going to be for sale. And because of

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the way we configured the property, given that it's a corner property, we were able to have a

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trash plan that made sense for this property because each of the homeowners will have access

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to that rear yard to also use it as a common element for their own entertainment value. We'll

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have a patio set out there, things like that. So when Solo objected to this project, they objected

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for two reasons, essentially. First, they objected because they believe that this is a single family

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neighborhood and that this should remain single family. First, as we stated, there's a history of

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not being single family. But secondly, it really is single family. You'll look through the floor

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plans. Second reason they objected, essentially, was because they didn't want another rental in

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the neighborhood. You will see that, you know, based on what we're stating, that this is going

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to be a condo for set. So second refusal is the amount of parking spaces. Two is required, zero

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is proposed, and you'll see based on the irregular shaped lot, because we're very wide at the front

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of our lot, we're very narrow on the end of our lot, it would be practically impossible for us

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to put off-street parking there. And you'll also see from pictures that we've taken over the

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course of multiple days uh this week there is not a parking situation in this neighborhood there's

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there's plentiful parking in in this neighborhood we took most of these pictures between 10 and 11

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o'clock at night knowing that most people if they're going to you know park it's by then at

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least so so after that you'll see the permit so for 535 hansbury 1958 it stated the present use

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the property as of 1958 was two-family and afterwards they had a new use as a rooming house

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showing its multi-family history again no other indication of public record as this property in

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the zoning file which shows that it's been used any other way application for appeal

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and then the zoning map again this is our property you can just see even from the shape

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of the property it's a regular shape it's very wide in the front it's about 35 feet in the front

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and very narrow in the back 17. We're also there's a hill so it would be very hard to put a parking

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spot there as well given that there's a retaining wall and it's an elevated property plus this

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closer crosswalk so you know a lot of times where I hear from neighborhoods and community groups is

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that they don't want curb cuts first at all because it's taking parking off of the street

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but secondly especially close to an intersection and this looks like a more commercial-ish type

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of intersection on Wissahickon. Then you'll see the google map where we are again we're at the

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Then you'll see the Google map where we are. Again, we're at the corner of Whitsahickon and Hansberry. And then you'll see that there's a lot of commercial uses across the street from us. Whitsahickon is more commercial in nature. You'll see the BA of Philadelphia Regional Office, the Academy for Early Learning. You'll see Drexel University has probably some type of satellite campus there. You'll see there's a Zipcar place. There's a Dunkin' Donuts.

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corner of Wissahickon and

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So again, this corner tends to be more commercial in nature. And again, from a planning perspective, usually most of these properties, their corner properties are multi-unit in nature.

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and photographs of the property this is a vacant lot you know this is from the from Hansberry

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this is the side of the property from Whitsahickon as you can see we're very elevated and we have a

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retaining wall so it would be somewhat difficult to put parking in there additionally if we put

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parking in there that would be considered occupied area and given that this is an RSA3 property

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We're over 50% of open area right now within the code, but if we were to put parking there, that we would run afoul of that open area requirements or open area requirements.

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Plus, it wouldn't give a good purpose for the backyard as much because we want to make it more of a community with the two single-family homeowners, one facing Hansberry and one facing Wissahickon as well, plus a place to put garbage.

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So this is the property on Hannesbury to the right of the property, to the left of the property, and you can see this is like on Wissahickon across the street, is the VA facility on Wissahickon to the right of the property, and to the left of the property, you can see there's a big corporate facility here on Wissahickon.

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And then you'll see that it's not uncommon even on this street to have multifamily.

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So it's a mix between RSA-3 and RM-1, but, you know, there's RSA-5 and RSA-3, 511 Hansberry, 509 Hansberry, that both are multifamily, even though they're not RM-1.

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So there's multifamily use in the property.

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So these are pictures that, and I have much more pictures.

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I just took the ones that, you know, established, you know, what we're looking at.

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Some of them were blurry.

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Some of them, you know, you couldn't really decipher what was what.

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But you'll see that there's parking right here.

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And then you'll see this is in front of our property, parking here, parking along here, parking here, parking here.

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So there is an adequate amount of parking in the neighborhood.

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And this is at 10 o'clock, 11 o'clock at night.

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Most people are done for the day.

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if there was this is not we're not taking part you know shots of the neighborhood at five o'clock

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where people may be at home or may not so we really want to show you based on hey the night's

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over what's left over in parking and then here the architectural plans drawings again another site

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of the uh of the rendering of the property there'll be one single family home three bedrooms

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three baths approximately 2,000 square feet going facing Hansberry and then there will be a second

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single family home facing Wissahickon as well again both going up and down and then you'll see

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that you'll see the irregular shaped lot as well as it gets very narrow towards the rear where we

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would be expected to put parking if possible but you'll see like here's unit number one you go

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through the porch and you have unit number one unit number two which is also uh vertical uh you

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would just like a single family if you know even though it's called multi-family it's not just

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because of the way we're not subdividing it but these are two single family homes again brick

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facades but if you walk through the floor plans for the unit number one you walk through hansbury

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through the front porch you have an open floor plan on the first floor there's there is a wreck

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area uh on the basement area and then the second floor you go up a flight of steps there's two

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bedrooms a bath and a laundry room and then the third floor is a it's a master suite same thing

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for unit number two so you go through on the what's the heckin front door like it like it would

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be a single-family home. You have an open floor plan. There's a rec room in the basement. These

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are identical three bedrooms, three baths. Second floor is the two bedrooms, bathroom, and the

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laundry room. And the third floor is a master bedroom. And we did meet with Solo. They did

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opposed to project, but if you look in their notes, it was primarily because of

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But if you look in their notes, it was primarily because of the rental situation, which there's not going to be one.

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And then secondly, they said this is a single family neighborhood and they want to keep a single family, which is not completely accurate.

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Showing, you know, the multifamily on the block, that's not RM1, as well as the multifamily around there, plus the commercial use across the space, plus the history of this property as a corner property.

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All of that I've seen of public records multifamily use.

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So with that being said, I would ask that Sean Thomas virtually raise his hand.

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He's the principal of the corporate entity that owns 535 Hansberry.

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Mr. Thomas.

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Thank you.

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Is Mr. Thomas in the audience?

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There's no hands at this time, Chair.

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Yeah, I know he was on, but as an officer of the court, I would hope you would take my testimony as true and accurate that if Mr. Thomas was here, he would adopt my testimony.

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I have a Linda White.

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Is that somebody that you need, Mr. Allen?

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No, but it could, you never know how people designate themselves on their phones, so I'm not 100% sure that would be Sean or not, so.

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Ms. White, are you here for this case?

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Okay, I wanted to speak on behalf of the community.

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Okay.

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Ms. White, can you put your name and address on the record and spell your last name?

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miss why you just have to unmute yourself

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uh did you hear me white miss white can you put your name and address on the record and spell

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your last name yes my name is linda l-y-n-d-a white w-h-i-t-e and my address is 540 west queen lane

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and i live around the corner from this property that is okay do you okay one second do you swear

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or a firm to tell the whole truth and nothing but the truth? I do. Okay, and you said you wanted to

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speak on behalf of? I want to speak as a resident, a homeowner, that is literally around the corner

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from this property, and I want to speak on behalf of Northwest neighbors of Germantown, and I also

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participated in the solo meeting with this potential home, with this applicant. So, Madam

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Vice Chair, I would just object to Mrs. White's testimony on behalf of the neighborhood, unless

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she's part of an authorized RCO and she's an authorized representative.

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That was my next question. Are you an authorized member of the RCO?

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I am an affiliate with the RCO.

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What does that mean?

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Well, I participated in the meeting that the RCO held.

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So you attended the meeting?

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I attended the presentation, which is not the same as what we're seeing today.

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Okay.

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So you can't speak on behalf of the RCO, but you certainly can speak on behalf of yourself.

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Okay.

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And I'd like to say that, first of all, the renderings of this property do not represent

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what this property has been over the numerous years that it has been vacant.

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It has not, and the property that's being shown is the property that's next door, as I recall, and I've been a neighbor here since 1992, and primarily the neighborhood is a mix of residential homeowners as well as multifamily units.

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That block is a residential block that is across the street from the Germantown Cricket Club and a BFW.

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Certainly, what he showed you was a picture of the U.S. Reserve on the corner,

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and certainly Dressel is several blocks beyond that.

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and Henry Avenue Queen Lane train station is probably one of the closest commercial entities

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And Henry Avenue, Queen Lane train station is probably one of the closest commercial.

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of that block and what we were presented over the years it has not been well maintained

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and it is and I live here and have lived here night and day and now I'm a retired person so

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I know what the what the community looks like night and day it is there's hardly any parking

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space. On my block, we all have driveways. And if we didn't, we wouldn't have a place to park

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night and day. It does change depending on the time of the day. So this picture of parking,

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I don't know when it was done. But what I can tell you is I'm literally around the corner from this

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and you would never, I've never seen this. So I don't know when this picture was taken.

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So I am, I want to say in terms of the architecture of what was presented during that

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meeting with the RCO is not what we saw. It was presented as a rental and not a condo unit.

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And it was presented as a unit that was not characteristic with the architecture of the

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community. And so it was more than just the parking and the rental. Certainly our interest

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is in single family units as opposed to rental properties because the block, that 500 block of

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West Hansberry is a mix of home ownership and some multifamily units, but it's a very

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