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Hearing video

ZBA Hearing - July 12, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Jul 12, 20235h 52m

The second is that, and the third go together, which is that the minimum terms for all tenant leases should be one year and that there should be no permitted short-term rentals,

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that all short-term rentals should be prohibited throughout the property, meaning

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both in the front single-family unit and in the rear multifamily unit.

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In terms of the parking, number four is that each apartment in the rear is limited to one

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on-site parking space. The fifth is that the front structure remains a single-family occupancy.

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The sixth proviso is that the residents of the front house are prohibited from parking any vehicles on-site unless any of the four available on-site parking spaces for the rear structure are not being used.

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So essentially, there is a maximum of four cars that can be parked on the site. Typically, those would be reserved for the residents in the back, but in the event that there is a vacancy in one of the units in the back, then the residents in the single family house could park there.

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um then there's a few provisos that were also adopted by the community association dealing

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with this the scenarios if there was to be some kind of a change in uh because of damage or

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casualty with this rear multifamily structure so uh sub sub g is in the event of a casualty loss

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the rear structure can only be replaced in kind and it's and that's modified um or or expanded in

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in um sub part h that there can be no increase in the height footprint and building mass of the

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rear structure uh so we're not the our our clients and and the community association recognize there

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could be situations where this rear structure requires to be rebuilt because of some kind of

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damage or or casualty we want it to we want it to stay essentially the same in terms of its mass

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its footprint its height the commercial trash pickup is an important proviso to be added to

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the zoning permit I think that the board should have no issue with that and there were part of

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the reason, members of the board, is that there have been, unfortunately, times where our clients

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and other adjacent neighbors have been fined by the city for trash that was placed in front of

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their homes by residents of this property. And so that's really the genesis behind a very strong

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requirement on commercial trash pickup. And the last one is that, and this probably would not be

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a proviso attached to the zoning permit, but the owner has agreed not to oppose an application to

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the historical commission to designate either one or both of the structures as historic.

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The remainder of the settlement agreement addressed certain maintenance issues that

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were quite important to our clients and that had emerged over the years because there was,

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this is before the current owner bought this property, but there was a decline in maintenance

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at the property that was quite concerning to our clients. And finally, as part of the

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settlement, our clients agreed to submit written testimony and also to make some verbal testimony

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at the hearing today. So on the last page of the settlement agreement is the statement of support

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from both James and Catherine Fagan and from Sarah Katz. And we submitted those into the record.

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And now I'm going to ask James Fagan to raise his hand to testify.

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Mr. Fagan?

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Yes, I'm here.

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Mr. Fagan, could you state your name, please, and spell for the stenographer?

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Yeah, my name is James Fagan.

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That's J-A-M-E-S.

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And F, as in Frank, A-G-A-N.

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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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Good morning, Mr. Fagan. You have heard my testimony at the hearing today. Is that correct?

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Yes, I have.

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Yes, I have.

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Do you agree that it was true and correct, and would you adopt it as your own?

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Do you agree that it was true and correct? And would you adopt?

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Yes, I would.

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Thank you.

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And do you have a short statement that you wanted to make to the board members today?

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Yes.

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I live with my wife, Kathy, at 190 East Willow Grove Avenue, and that's only 30 feet from

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the applicant's property at 184. And from our property, you can clearly see the back building

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and most of the front building. I would like to speak in favor of the variance,

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as long as it includes the provisos recommended by the Chestnut Hill Community Association,

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as well as those we have negotiated with the applicant, Andrew Keats.

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And I guess those details have been provided to the zoning board.

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I've lived in my home for the past eight years, and the four apartments in the rear building have been occupied all that time, except for the occasional vacancy.

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I can say I have never noticed excessive noise or disruption emanating from the property and

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would also note that there has always been plenty of parking available on our block

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despite the existence of the apartments. My only complaint is that the property

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has not been maintained as well as it could be but I believe this deficiency has been addressed

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in our agreement with Andrew. I did have several concerns about the potential future use of the

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property, but now I'm satisfied that these concerns have also been addressed by the

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provisos I mentioned earlier. I did know the previous owner, and I believe that both the

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front and back buildings have been pretty much fully occupied for the past 15 to 20 years.

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And I think that our neighborhood would be best served by the approval of the variants with those

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provisos. Denying the variants would leave the property with the two buildings that predate

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the Philadelphia zoning code and leave very limited possibilities for use.

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And with those limited possibilities, I think the probability that one or both of the buildings

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would fall into disrepair would be much higher. So in my opinion, the best way to preserve the

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character of the neighborhood and the value of the homes in it would be to approve the variant.

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I think it's also the least disruptive option available.

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It allows the current tenants to continue living there, and it will allow the neighborhood to continue as it has been for the past 15 to 20 years.

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I would like to thank Andrew Keats for his willingness to address our concerns and also thank the zoning board for the opportunity to speak in this hearing.

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so thank you for your time thank you thank you mr fagan thank you thank you so much um can i now

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call katherine fagan sure same testimony i believe it might be slightly uh she's going to add her

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flavor sure thank you sure hi could you state your name and spell please for the court stenographer

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yes my name is kathy fagan k-a-t-h-y f-a-g-a-n right do you swear or firm to tell the truth

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the whole truth and nothing but the truth yes uh proceed counsel sure um miss fagan can you um

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can you uh i understand you have a brief statement you wanted to share with the zoning board today

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yes um my comments will be similar to my husband's um but i did want to give my own personal

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perspective i've lived at 190 east willow grove avenue since 2015 our property is 30 feet from

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the single family zone property at 184 East Willow Grove Avenue, we can see both of the

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buildings on that property from our home and hear day-to-day activity there. As my husband has

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already noted, the almost eight years we've lived here, my husband and I have had no serious

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complaints around noise, parking, or similar issues. In fact, our neighbors there have contributed

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positively to the character of the neighborhood, which is what attracted us to move here in the

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first place. But when I learned that the property was not zoned for multifamily use and that a

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variance was being sought, I was seriously concerned that the variance would create

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I was seriously concerned that the variants would create the potential for changes that would affect the character of the neighborhood.

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the potential for changes.

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As we've gone through this process, I've learned more about how variances work, and that relieved a couple of my concerns.

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At one point, Andrew Keats, the owner, was willing to meet face-to-face with several of us neighbors, and that allowed us to hear his perspective and share our remaining concerns.

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He said he was willing to work with us to the extent that he could.

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And since then, we have collaborated on an agreement via our respective lawyers.

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I wish to go on record in support of the variants with provisos, as well as the binding agreement we've negotiated with Andrew.

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Thank you.

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Thank you very much for calling in.

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Thank you so much.

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And now my last witness is Sarah Katz.

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

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Good morning. My name is Sarah Katz, S-A-R-A-H-K-A-T-Z.

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

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Yes, I do.

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Proceed, counsel.

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Ms. Katz, I understand you have a short statement that you would like to share with the board?

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Yes, thank you.

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I'm the owner of 186 East Willow Grove, which is directly adjacent to 184.

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I've lived at 186 for the last two and a half years.

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And today I'd like to speak in support of the variants for 184 on the condition that

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it includes the provisos that we've been discussing.

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I did initially have concerns about this variant due to the close proximity between my home

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and 184.

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However, after speaking with Mr. Keats and attending several community meetings, my position began to evolve.

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I realized that my concerns were primarily oriented toward the future, particularly around the potential for short term rentals, overall maintenance, trash and property management, but not about the rental units per se.

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In fact, several of the units are occupied by long-term tenants who are valued neighbors

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and who I truly, truly hope can stay in their homes.

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Throughout the negotiation process, Andrew Keats has remained open to compromise and

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extremely sensitive to our position.

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And today, I'm pleased to say that I'm satisfied that the provisos address my concerns.

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Like my neighbors, Jim and Kathy,

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I truly believe that allowing 184 to retain its current use

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with the guardrails of the provisos

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is in the best interests of the community.

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And I thank you for your time and attention this morning.

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Thank you very much for calling in.

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We appreciate it.

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Mr. Masters, are you done?

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Yes, I'm completed with my presentation.

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Questions from the board?

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No, Chair.

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Questions or comments from the virtual audience?

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Mr. Chair, I have John Clark with his hand raised.

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I have allowed him to speak at this time.

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Okay.

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Sarah, could you state your name, please, and spell for the court stenographer?

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Hi, it's actually Amy Clark.

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I'm using my husband's computer.

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Okay.

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Hi, could you spell your name, please, for the court stenographer?

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It's A-M-Y-C-L-A-R-K.

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Right.

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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.

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Proceed.

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We live at 180 East Willow Grove Avenue, which is immediately next door to Mr.

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Keith's property.

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Right.

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And we submitted a petition signed by 16 neighbors opposing this variant based on several

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issues, parking and density.

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And also, my husband and I have been very concerned about the decline in maintenance. I've lived here for, I guess, 25 years since 1998. And, you know, we understand that three of our neighbors have negotiated certain provisos regarding maintenance, but they can't possibly foresee all maintenance issues in the future.

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and the the the the property has declined in maintenance over the past couple years

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um also regarding parking um um the fagans have a driveway so parking for them is really not an

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issue but um in the evenings um there are you know most of the apartments are occupied by one

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person at this point, but three of the apartments are two-bedroom apartments, and I believe the

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house has three bedrooms. So we could end up with 10 or 11 cars and 10 or 11 adults living at that

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property, and that's not in line with the character of this immediate block.

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And that's not in line with the character of this immediate block.

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So we're very concerned about all of this.

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Okay.

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Thank you.

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Thank you for taking the time to call and we appreciate it.

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Sure.

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Is there anyone else in the virtual audience?

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Yes, Charles Richardson.

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I've allowed them to speak.

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Morning, Mr. Richardson.

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Good morning, Mr. Chair.

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Just state your name for the record, please.

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Charles Richardson from the Office of Councilwoman Sandy Bass Room.

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508 City Hall.

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Councilwoman has no opposition to granting this variance with the applicable provisos that have been offered.

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Thank you very much for calling in and taking time.

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Is there anyone else in the virtual audience?

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Yes, Lucinda Lee.

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I've allowed them to speak at this time.

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

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my name is lucinda lee l-u-c-i-n-d-a l-e-a do you swear or affirm to tell the truth the whole

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truth and nothing but the truth i do are you a neighbor i am a tenant in uh okay all right

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proceed proceed i have lived at this address since april 2011 which is 12 years this property

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and apartment have always been a haven for me, but especially now as a retired single woman living

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on Social Security. Set back from the street, it's extremely quiet and peaceful with a beautiful

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garden setting, which was created by the former owner, Virginia Ellis. It's set in a lovely

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neighborhood close to shops, transportation, hospitals, nature preserves, and as such is

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ideal for a senior citizen. Having proximity to the other friendly tenants provides an important

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sense of security and community for me. Quite frankly, it would be devastating for me to

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for emotionally and financially should the zoning not get approved and I no longer be able to live

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here. The cost of rental properties has skyrocketed since I moved here and affordable

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renters for seniors in good neighborhoods are increasingly difficult to come by. I would most

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certainly have to move far afield away from friends and supportive community vital to my

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well-being. Lastly, the property has been well-maintained for four years by Alphant Ponce

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and Andrew Keats. Any maintenance issues have been addressed promptly and effectively,

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and having the owner living on site in the apartment opposite mine is a definite advantage

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and comfort. All the tenants are considerate and congenial and can be called on to help in

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emergencies. So I sincerely hope I can stay here in what I consider to be my home. Thank you.

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Thank you very much, Ms. Lee, for calling in. Is there anyone else in the virtual audience?

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No further hands at this time, sir.

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Planning Commission.

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Thank you, Chair Bergman and board members. Good morning, David Fechtow with the City Planning Commission.

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