civus
Hearing video

ZBA Hearing - July 24, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Jul 24, 20246h 16m

I understand.

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Questions or comments from the board?

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Are there any commercial spaces in this?

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it says that there are but no um uh board member gasson so the original proposal did include a

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very small commercial space but throughout the civic design review process ultimately it was

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determined that that was not going to be their correct use so we did go back to l and i and

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amend the application so that commercial space was taken out so that is no longer a part of the

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application. Thank you. I have a question. So are you claiming hardship on the fact that it's I-2

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and RSA-5 and it's hard to kind of get that or not for the number of units? That is absolutely

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correct, Board Member Graham. The number of units is not actually at issue. It's a matter of

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the multifamily use. So when you look at the interaction between industrial and single family,

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you basically land with no permitted uses. Once you land at multifamily, it's not a matter of how

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many units. That's not ultimately a basis for the refusal. It's just for the multifamily,

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which would be the case if it were two units or two million units.

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So why land on 87?

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So German, if you want to touch on that. So again, this started at 140 and has been reduced. But if

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you want to touch on uh the design and how 87 was ultimately reached sure so um 87 two-bedroom

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units um we landed that number because it made the most economic sense um without having to

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it was the cost to construct as well as the revenue that it would generate based on the

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number of units um we cut out the parking even though that was a source of revenue

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um so 87 is pretty much the least amount that we could do while still providing affordability

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at the property next door and at this property here as well and just to kind of just to kind of

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give it the scale the property next door um on 40th street is 42 units and i think that lot is

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roughly 7 000 square feet so this lot is around 21 000 square feet so it's three times the size

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but the building is only twice as big or rather the number of units is only twice as big right

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and you can see on these floor plans here how the units really lay out well in this space here

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and i'm just curious uh since this is a phase two of this project is there are there still some

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vacant land around these two buildings do you guys is there a phase three four and five like

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no somebody else owns no somebody else owns those other properties all right thank you

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i have a question about the affordability so i know you're saying that the that part of the

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overbuild is due to trying to keep this in the former property affordable and could you talk

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a little more specifically about the levels of affordability that you're going to achieve in

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this building and then confirm right now when you say affordable what you're doing is accepting

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section eight you do not have actual project-based voucher contract or HAP contract correct we don't

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have HAP contracts or project-based contracts we're accepting we're accepting housing choice

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voucher in these and they're either coming from the VA and in some cases it's the bridge program

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which is not a PHA program. There's also some TURN residents, which is also a city subsidy.

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So we work with some homeless agencies, as well as a myriad of agencies to source

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tenants that are looking for safe, brand new, affordable housing, which they seem to be

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having a hard time finding. As far as levels of affordability, this project specifically,

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we are fine with having a deed restriction for 10% of the units, which would be about nine units

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at 60% AMI, because that's the least amount that the lender would allow us to take. But we

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to to take but we we anticipate on taking section eight vouchers and other um uh programs in in a

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anticipate on taking Section 8 vouchers and other...

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bigger part of the building as well it's just that as far as deed restrictions go those are the ones

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that our lender will allow us to commit to so so it's 10 deed restricted and anything else is sort

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of section eight at your discretion correct okay and then do you have a social services administrator

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on site? We have an office on, we have two offices actually, one on the corner of 39th

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and Haverford, which is about, you know, like a 10 minute walk and another one on 42nd and

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Parrish. That is also probably a 15 minute walk that we support our tenants and we liaise between

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our staff as well as the support services for a lot of the tenants who tend to come from

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different programs, whether it's the VA, Horizon House, or other entities that tend to support

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the tenants in different areas of their life. And then who is your on-site property manager?

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We're our own property manager. So everybody that we have works for us. So we hold ourselves

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accountable and we're not beholden to a property management company. And German, how many units do

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you have in mantua just to give board member win a sense of the volume of units that you have

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in terms of your ability to actually manage them effectively yourself

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sure we have roughly 400 units in between mantua and belmont so between 41st street and 39th street

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between lancaster avenue and gerald avenue roughly

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any other questions from the board questions or comments from our attorney hillary amerson

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not at this time mr chair what is your comments from the virtual audience

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yes chair we have justin and they have been allowed to speak

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i could you please state your name and spell for the court stenographer

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sure uh my name is justin foster um as j-u-s-t-i-n f-o-s-t-e-r do you swear or affirm to tell

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the truth the whole truth is nothing but the truth i do are you a neighbor i am a neighbor

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yes i live at 863 north north 40th street sure please proceed yeah so i just have a quick question

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um this is a consolidation and so the hardships that are mentioned here um by miss meredith as

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well as the owner they are created hardships because the lots as they stood individually

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were RSA-5 and individually were I-2. I-2 on its own, if you didn't consolidate them,

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you would have to deal with the restrictions of each individually. And so they created the

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hardship that they're trying to use to say, oh, well, there's nothing that could conform.

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There's actually nothing of that size that could conform, but really you could make conforming

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properties there. Secondarily, as a current resident who experiences what their 42 unit

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building brings in, there is going to be a parking issue around here. If you put 87 more units into

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a space and if only 10% are affordable and they are one and two bedroom or two family or two

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bedroom units, you're guaranteed to at least get one car a unit over time. If that is the case,

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where will they park? Surely Union Street does not allow enough parking for that.

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And already if you parked on Union, you almost have to park on the curb because of the

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slenderness of that block. And so I don't know where I was in regard to the invite to Mantua's

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civic design meeting, but surely this building is deficient in the fact of seeing to the needs

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of parking at the very least. And if there is a hardship, the hardship was actually created

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because the consolidation creates the restriction. That's just my thought there.

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No, thank you. Anyone else in the virtual audience?

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I see no hands.

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Mr. Chair, may I address his comments? Sure. Thank you. We do not agree in any sense of the word that this is a self-created hardship. As our presentation showed, each of these lots independently is subject to a hardship.

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It is accentuated by the fact that this property has been used in conjunction with each other throughout history.

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And the hardship, as my presentation established, the hardship would apply to each of these lots independently.

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the hardship would apply to each of these lots independently and is and is not is not increased

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by the fact that it is being consolidated these these arguments would apply independently to

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each of the lots as they are zoned currently for all the reasons that were stated during

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the presentation today so we we absolutely do not agree in any sense that this would be

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represent a self-created hardship thank you planning commission

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Amy Boyd with the Planning Commission.

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This proposal completed its Civic Design Review in March 2024.

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The Civic Design Review Committee's advisory recommendations are not an expression of the

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City Planning Commission's recommendation or an opinion regarding exerting variants

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of special exemptions or other discretionary approvals associated with this proposal.

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Comprehensive plan recommends no change to the I-2 General Industrial and RSI-5 residential

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single-family zoning at this location. If the site were zoned entirely RSA 5, the appellant

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would be allowed 21 dwelling units. If the site were zoned RM1, residential multifamily, the

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closest adjacent zoning, the appellant would be allowed 44 dwelling units. So 87 units are not

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the minimum required to afford the appellant relief, even considering plans for affordable

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housing as our board member noted it would be only program based or voucher based the city

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planning commission recommends that the board deny the proposed use variances for 87 units

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the proposed variance for auto spaces and the dimensional variance for additional height

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thank you um we've heard a lot today i'm going to take this to the executive session next wednesday

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we will vote on at 2 p.m. Thank you. Thank you. Okay. All right, last case here.

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Okay. MI 2024 001458 1521 Ogden Street, Clemente, Amazon is the attorney.

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there's a letter of opposition

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from Francisville

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did provide

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seven letters

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of support from neighbors

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and a vote in a letter 12 in support

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17 in opposition

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Clemente

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good afternoon

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Well, you've already been scored, I should remember.

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State your name for the record, please.

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Thank you.

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Clementa Amazon, that's spelled C-L-E-M-E-N-T-A.

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Last name is A-M-A-Z-A-N.

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You identify your client and relationship to this property.

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Absolutely.

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My client is the owner of the property, 88740 LLC,

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and I have Caroline Curran, who will be the representative.

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okay our vice chair has a few questions for you

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council do you agree to read another refusal or stipulate to its accuracy

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yes i do have emailed in all the required documents and exhibits that is needed to

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proceed with this case five days in advance of this period yes i have thank you council

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please proceed and share your screen thank you

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can everyone see my screen we can great so again i will be presenting 1521 ogden street

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this is a photo of the front of the property during my presentation i will go through the

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refusal. We did receive an RCO letter. It was a split vote, and I'll go through the details of

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the letter, just identifying the numbers of the vote. We also have several letters of support,

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all from individuals within a block radius of the property and arguably those who will be most

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impacted by the use of the property, a map of the area, surrounding area photos, posting photos,

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as well as interior and exterior photos of the property, the notice that we sent to the community

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for the community meeting, our certificates of mailing showing that we did, in fact, send the

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required notice, the application for appeal, project information form, deed, and certificate

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of tax clearance. So the property is owned RM1, and the use that we have here is for visitor

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accommodation. My client has been doing short-term listings for about two years now. She was unaware

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She was unaware of the change in zoning and the fact that she would have to go through the process of obtaining zoning to continue the use.

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of the change in zoning and the fact that she would have to go through the process of

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Thank you.

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She became aware of this and hired our firm to represent her through the process.

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She did not have any open violations or any issues that led her to looking for the proper zoning.

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She did this fully of her own volition.

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She is a member of the community.

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She actually lived in this property prior to leasing it herself.

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And so she's a well-established entity within the neighborhood.

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and she's simply looking to continue using the property for short-term rental.

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Though the property is zoned RM1, she is using the entire structure as visitor accommodation,

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so she's not splitting this in any way.

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The entire structure would be available for that purpose only.

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And we did meet with the community on May 28th, and we had a bit of a tight vote.

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I understand that the letter has different numbers.

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However, I think there was a bit of a typo there.

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There was seven in support, nine in opposition, and four votes of non-opposition.

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The tone of the meeting was that of a split.

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They did acknowledge and realize that nearby neighbors, and we did present their letters of support during the community meeting,

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were in favor of the project.

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They were in favor of the use.

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They were aware of the use of the property, had no complaints.

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It had been ongoing, and they had no issues with the property being continued in that use.

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The opposition that we received to the project was for short-term rentals overall, and you'll see that in the letter here.

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The concerns that they expressed were for the increase of visitor accommodations because of affordable housing issues as well as accessibility of housing and trash.

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So, the first issue we believe isn't necessarily appropriate for the proposed use that we have here. Even if this property was not being used in a visitor accommodation capacity, it would not be listed for affordable housing.

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Secondarily, the trash, my client, and she can speak to this during her testimony as well,

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self-manages this property.

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She's done it for several years now.

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There have been no issues with trash, noise complaints.

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She does a very diligent job of making sure that those who are going to be occupying the

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property are respectful and are aware of the house rules, specifically quiet hours from

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11 p.m. to 7 a.m.

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No parties, no smoking.

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There's a five-guest maximum.

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There is the property is three bedrooms, two baths.

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Again, we're not splitting this for multiple uses for the visitor accommodation.

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It's the entire structure.

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There's a five-guest maximum.

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There are security cameras, and there's a two- to three-night minimum.

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So my client did reach out to individuals within the neighborhood to get a sense of how they would feel about the continued use of a copy for visit accommodations.

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We have our first letter from one of the neighbors located at 1526 Ogden Street, which is directly across the street from the property.

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And this neighbor said that Caroline has been in the community for well over 15 years.

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She's a responsible host.

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She screens her guests and takes care of the property and urged the board to approve the application.

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In the second letter, also from someone on the 1500 block, they highlighted that there were no issues with noise, unruly guests, or unkept property.

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issues. Furthermore, Caroline's responsible and professional and demonstrated that her presence

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and oversight are benefits to the neighborhood. Our third letter, and I did redact some of the

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personal information here. However, the materials that were submitted to the board did include that

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information for the individuals that signed. And this is for 1521 Parrish Street neighbors and

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their property runs through to 1526 Ogden. They said that they have only experienced positive

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interactions with both Caroline and guests of the property. They believe that having an Airbnb is

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an asset to the community and further enhances the pedestrian safety on the street. And highlighted

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that Caroline frequently visits the site. Again, this is self-managed by Caroline. She's there

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very regularly to make sure that the property is cleaned up and between guests, handling any trash

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issues, as well as being a point of contact. Again, we have another letter from someone along

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the 1500 block of Ogden Street, highlighting that there have been no issues with the use at all.

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Similar letter from a neighbor along the 1500 block, stating again, no issues with the property

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