ZBA Hearing - October 17, 2023

I believe the community benefit agreement was taking into consideration the complete community and not just the next door neighbors.

And that's always our perspective, though they're mostly affected because they're right next door.

You know, there was a lot of talks around it around this.

Um, there was, um, in our voting process, there were comments, um, of concern that were shared by representative from the school. And all of that was taken into consideration, again, when we, um, sought to create a community benefit agreement.

and in and i'm not i believe that that that agreement has i want to bring that up and i want

to um just share some of those um items for the board to consider and also for you to go through

do you have the agreement let's see here i want to make sure that i can i'd like to to share my

screen, Mr. Chair, just to get to the agreement so that various items that were of specific interest are

specific interest are, are, are discussed here today. Okay, hold on.

All right.

so right now I think you are not seeing let me let me go to my other screen sorry sorry Mr. Chair

and while I'm going to pull that up I want to ask you a question specifically about

the the affected neighbors on the street itself during the time that the um during the time that

there was, you know, was there any specific neighbors that reside on the street that were

present? Outside of the representatives from the Alliance School, I'm not aware that there were

residents from that actual block in the company of our meeting. Okay. And do you see this screen,

the amended community benefits agreement on the screen in front of you?

Yes, I have my own copy up, because I don't see it on the screen.

You're not showing it, Sherman.

Okay, that's what I'm looking at. I have two screens, so let me just share it. I have a…

Okay, do you see it at this point in time, Mr. Trudeau?

Yeah, I hear it.

Okay.

So this is the, what is before you is regarded as the amended community benefits agreement.

I want to scroll down just a few to the, there's recitals that speak to the RCO that we're

speaking of, but specifically the benefits to the community.

It starts at section number three here. And, you know, I'm just going to lead you a bit here, Mr. Harris, but it was important to the community that there was benefits of this nature.

Employment opportunities. We discussed that there would be job recruiting and efforts of the community to get jobs in the construction context of the subject building.

That was one of the things. The subject plans incorporate one parking space for handicapped accessible persons and there will be no less than one designated handicapped accessible units in the 20 unit proposed building to match with that parking space.

That the building manager would be an individual that would be a resident of the property and also from the community itself and that that salary would be negotiated and that candidate would be negotiated and that the RCO would have a role in proposing individuals to be the actual building manager of the property.

Specifically, for both of the adjacent schools, the Meade School across the street and the Alliance School, which is adjacent to the subject property, that there would be preferred rental to teachers and parents of the students who reside, who go to the Meade School or to the Alliance School, that they would have the first opportunity to rent in this particular building when it is because it is desire of the owners to create this for an automatic population of teachers and students would be the persons to be there.

But also, Eve, with the financial support of civic associations, there is the Many Blocks One Family Project that was proposed by the RCO. I believe, Mr. Harris, you negotiated this particular chapter, that there would be support of the endeavors of the community.

And you mentioned a few of them that the applicant is willing and will be supporting, that there would be construction information whenever there's a need for jobs in different trades meant to be a part of the construction trades, that the applicant would be in communication with the RCO to provide information on a regular basis, and that the RCO would designate a point person for all of these initiatives, and that there would also be a community room.

there is going to be a community room that's proposed in the building and that the RCO would

have opportunity to use that community room and most recently we amended the first community

benefits agreement to include a rental rates agreement of the owner whereby the groaner will

accept section 8 vouchers. This is also the hook that makes it clear that this will not be

a student housing building as the proponent did at one point in the previous hearings

uh allege but this will be a community building that will accept section 8 and at least 25 of

the units will be subject to the section 8 rental rate controls that will make it sure that even

though that the balance of the building may be market rate that there will be a affordable access

to this particular property these are the benefits specifically negotiated and wouldn't that would

that be does that incorporate the negotiations that you had mr harris with the the owner developer

or an applicant? Yes, that's correct. And I see at the end here it goes into more language.

yes that's correct and um and i see at the end here it goes into more language but it's executed

by yourself and the applicant as well so what we wanted to the reason why we thought it was

important for you mr harris to be to provide context to what it is that this building will

provide in the way of community benefit we we feel that this particular area there it is although it

It is a unique block in the sense that there is two schools and only five single family

homes on this block facing, but the need for housing and affordable housing to support

the two schools that are there that both support and both of the student bodies of both schools

are predominantly, you know, socioeconomically challenged families, that this is precisely

the kind of development that is needed in this particular area and that the community

rco involved in all of its in all of its with all of its uh community involvement and as well

as the folks that were not only there at the meeting but the folks that are represented

will have a ongoing future benefit which is very unusual and unprecedented in this particular

block so i'm glad if there's anything else you'd like to add mr harris that is the testimony that

i needed to um you know bring out from you if there's anything else you want to share with

the board you can at this time um i mean i'll just keep it very basic um in terms of uh community

and community needs in terms of a new development in terms of the effect that how new development

affects uh those that live around the project those that are in the immediate community but

not so much directly on that block. In terms of the need for affordable housing,

those are all the things that I believe were concentrated on, that was spoke of oftentimes

more than once, more than twice, to try to put together something that the community would feel

comfortable with and they feel comfortable with the project given the things that the

developer has agreed to offer and incorporate in his project.

No matter what type of construction that's coming in the area, the way the temperature is

And most communities like the 47th Ward is very difficult to absorb and adjust just based on the fact that everything is extremely expensive.

The way the jobs, the way the construction is being built, it's not safe always.

It's not being monitored. And then the fact that you add in, you know, the tax increases.

There's a lot of it that makes the community extremely uncomfortable and concerned. And so these things, this type of communication with the developers is very important and essential. And this particular developer did put a lot of effort to make sure that those needs were addressed. So that's where the support came from. So I'll just leave it with that.

well i do appreciate you saying that i have no further um i have no further questions to provide

for mr harris we do have one i believe member of the community that is would like to weigh in on

the weighing on this related to what you said mr harris um and if so i we can we can excuse you this

time sir if you'd like we can remain for the end of the of the proceeding if you like i know that

you had some time constraints is this person going to be your witness um yes yes yes mr

chair and uh i would like to elevate miss uh constant sims if she's still in the virtual

audience i know she waited around waited for us

we have larry griffin and another person with sherman talpin's name

uh sherman do you know which one will be constance um i wouldn't mr griffin represents the opponent

to the project the alliance for charter school so he is he's going to probably testify next

it could be the other person um that has my name there probably should have put their name but um

you can try that yes they've been allowed to speak

can you say your name please and spell for the court stenographer

constant sims c-o-n-s-t-a-n-c-e

C-O-N-S-T-A-N-C-E, Sims, S-I-M-S.

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

Yes.

Proceed, counsel.

Good morning, Ms. Sims. How are you doing today?

All right, New.

Okay, just fine. Thanks for hanging around and being here to really represent your community and to state what you feel relating to this project.

But where do you live, Ms. Sims?

I believe you just said it.

I live 1546 North Gratt Street, Apartment B.

Okay.

And where is that in relationship to the Meade School or the subject property?

Right across the street from the Meade School is on 18th Street, and I'm on the next little street, Gratt Street.

Okay.

And how long have you lived in this particular area?

Well, I've been in the area for 70 years, and I've been in my house here on Grad Street for 35.

And did you go to Meade School?

Yes, sir.

So you're invested.

Do you know, just to bring your election to the vacant lot that's immediately across the Meade School on 18th Street, are you familiar with that block, that vacant lot?

Yes.

And you know we're here today to talk about developing that block into – we proposed to develop a 20-year-old residential building there with parking on the first floor.

What are your thoughts about that building and what the needs are of the community for development of this type or any type?

I think it's very nice that, you know, considering, you know, the neighborhood that we want to build our neighborhood up.

I've been here so long. To me, it's a very good neighborhood. And to see these new homes coming for affordable, low-income people to have and to be in a school area, I think is great.

Do you think there's a need more for apartment housing or single-family housing?

Apartment housing.

okay and um and specifically a farm and housing where where's with that's affordable or market

rate which which which is your preference affordable i imagine you would say that

um specific to this project and i don't want if there's anything that you'd like to tell the board

at this time we would like the support of the community but you heard mr harris speak just

before you does he represent in in in your hearing the the uh the views of the community as it relates

to his comments about community involvement and community support of this project yes and and do

you support the project yes i do very much okay well i'm um mr chair i have no further witnesses

at this time well questions from the board

ish no chair emily no mr jair questions or comments from uh our attorney hillary emerson

um just one brief question um mr topson were there any changes made to the proposal

since the board last heard this plan a change in units parking size of the building any of that

uh no the the actual no miss anderson the the board has the the current most recent plans it

is it is still proposed as a a 20 unit building uh 62 feet in height and and there is still the

roof deck uh refusal those still reveals refusal items are still present um and we we are proposing

that building itself. No other changes. Okay. Thank you. Thank you. Questions from the virtual

audience. We're going to limit that to Mr. Harris's testimony, your comments on Mr. Harris's

testimony. Can you hear me? Could you state your name, please, and spell for the court stenographer?

My name is Larry Griffin, L-A-R-R-Y, G-R-I-F-F-I-N.

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

I do.

Please proceed, sir.

And if I am to understand correctly, I'm only to address Mr. Harris's comments because I did submit.

You did submit.

Yes, you did.

So what we would want to hear is your reaction to Mr. Harris's comments.

I was at the meeting of the RCO meeting that Mr. Harris's group held. I was one of maybe

four folks representing our school and families that were there to oppose the project and we

to oppose the project and we stated our reasons why we did so.

Stated our reasons

It wasn't until, I guess maybe a month or so ago, when Mr. Toppin presented the Community Benefits Agreement

that I saw two items in there that might affect the population of our school.

One was to offer to use this room, this recreation room in the apartment building to make that available to our students.

For the record, that really would not be a benefit to us.

We're in the process now of finishing the fourth floor of our school building.

So by the end of the year, we will have roughly 450 kids in our building.

And any space in this proposed apartment building really would not be of any use to us.

And as I stated in the document that I submitted, the developer did not, or could not tell us, or would not tell us how much the rents would be when we had the RCO meeting.

So today is the first time that I am hearing that they're committing to 20% of the building being six-day housing.

That was not a commitment.

that was made uh at the RCO meeting and they did not at that time uh tell us how much the rents

would be and in the comments that I submitted um I noted that the rents for most of the families

of the children who go to our school will not be able to afford it I do not see this project

as an affordable housing project um full disclosure I also work for a community development group

I'm semi-retired now, but I've been with them for 22 years.

We've done hundreds, 100 million dollars of development in that community, both commercial and affordable homes.

Many of which the resident, the lady from Grassley's are familiar with,

those are homes along 18th Street.

We were involved.

Those are true affordable homes that we were involved in the development of those.

And they also stated in the comment that I submitted that property was designated for single family homes and not the type of development that the owners are proposing to build.

The property also was given to a nonprofit organization in order to build that type of housing.

And when they did not, it should have reverted back to the city.

how they were able to sell it for a considerable amount of money

not pay taxes on it since they were no longer

Mr. Griffin I think

you know I think we want to concentrate on what Mr. Harris presented

and not that background if that's in your documents that you sent us

that's fine I appreciate that

I did not want that to get lost but thank you

But essentially, in terms of what Mr. Harris said, I don't have any other real issue with that other than any parts of the committee benefit agreement that purports to benefit the families of the lives for progress, but that's something that we really acknowledge or agree to.

Okay.

Mr. Griffin, thank you for your letter.

Thank you for your testimony.

Is there...

Mr. Chair, can I just...

Mr. Griffin, when, I know we've received correspondence from you in the past, but we did not receive anything immediately prior to this hearing.

When did you send your latest correspondence?

I re-send it when I asked to be able to speak maybe a few weeks ago.

Okay.

I re-submitted the same document to that RCOZBA email.

Yeah.

Okay.

Was that the original, was that originally your testimony in the beginning to the first meeting?

yes yeah okay okay all right okay thank you thank you mr is there anyone else

in the virtual audience who would want to comment on mr harris's testimony

i say no hands planning commission would you would you want to restate your position yes

this is ron bednar city planning comprehensive plan recommends no change in the residential

single-family zoning at this location. Three row houses could be developed by right on these

parcels with the fourth unit permitted with only minimum variance for lot width.

The applicant's hardship is not supported with evidence of unique physical circumstances or

condition of the property that would require five times more units than are allowed by code.

The city cannot enforce the proposed community benefits agreement.

community benefits agreement the city planning committee therefore recommends that the board

The city planning committee therefore recommends.

deny the use and dimensional variances thank you um we're going to hold this yes um our

board member mr snell will will watch the video of this and we will vote on it next wednesday at

9 30. okay thank you very thank you very much for your for your time yes thank you thank you

Thank you. Is there anyone in the virtual audience whose case has not been called?