civus
Hearing video

ZBA Hearing - October 19, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Oct 19, 20216h 56m

excuse me chair this is Sharon I think my notes weren't clear

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this is the fourth listing for this case at the last listing there was a request by the council

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and tayoga united that it be continued um the

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but that did not apply to this case i i don't have new exhibits but if we could see if the

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attorney is here okay is there anyone here for 20 excuse me 34 42 north 18th street

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if not then again this is the fourth listing yeah understood i have a few hands i don't see

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um any attorneys i see uh patrick jones and charles richardson let's get mr richardson on

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please oh oh chair i'm i'm so sorry this is sharon again i'm confusing this with another case

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if you could go forward we do have submitted exhibits i believe this is the

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third listing but we do have exhibits okay so mr jones no no worries no worries i believe

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mr jones uh no chair we would have to have um the applicant or either an attorney for this one

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And Mr. Jones, I believe, is the expediter.

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Is Patrick Jones you referred to?

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He is, Ms. Sunkett.

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And the property owner is Darnell Cedric Micon.

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He is here.

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He can testify.

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Yes.

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All right.

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Okay, he's been promoted to panelists.

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Yes.

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Cedric, please spell your full name.

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and sorry you're muted you just have to unmute yourself yeah my name is Cedric Nixon that's C-E-D-R-I-C

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M as in Mary I-X-O-N do you swear or affirm to tell the truth the whole truth nothing about the

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truth yes are you prepared to present your case today yes i'm prepared uh patrick houston patrick

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jones was going to uh uh share his screen to show the slides okay is he going to be testifying or

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just showing the exhibits uh just exhibits here i can promote them and share those i'm going to be

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the one doing the bulk of the speaking. Mr. Mikan, though there was a request for continuance

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or by United Tioga at the last hearing, did you ever meet with them? Do you have a letter? I did

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not receive a letter. So we had a couple of meetings with them. They did not schedule a

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third meeting that we were supposed to have. All right, no, let's go back to Mr. Richardson.

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and he may be able to shed some light on this.

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So we'll go to Mr. Richardson

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of Councilwoman Bass's office.

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Good morning, Mr. Chair.

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Good morning, Charles.

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Please spell your name and I'll swear you in.

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Charles Richardson from the Office of Councilwoman

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Cindy Bass, room 312, City Hall.

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For him to tell the truth, the whole truth,

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nothing but the truth?

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I do.

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Thank you.

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Can you help us out here?

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Can you shed some light on the status

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of the hearing meetings

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and are we prepared to go forward today?

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I know that they had a couple of meetings prior to that request for continuance.

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We had received a request from Tioga United to support their request for continuance and we and

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tayoga united uh to support their request for continuance and we and we did um my understanding

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is that they were supposed to be meeting with the applicant uh a third time and um to my

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understanding nothing has taken place as yet um i believe that uh verna tyner or uh mr jihad ali

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or maybe veronica holman might be available to speak to that as well i don't know i've received

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no further information. And I do not have any record that any meeting has taken place. So

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we're kind of left in the dark with this as well as you guys.

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So is there anyone out there from Tioga United who could

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shed some light on the status of this application?

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Chair, I have Ms. Verna Tyner. Could you please give us a moment? Thank you.

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okay our chair we have verna tyner from the i'm sorry the community yeah hi good morning mr

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chair good morning miss heiner please spell your full name and i'll swear you in my name is v-e-r-n-a

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last name t-y-n-e-r you swear for him to tell the truth the whole truth nothing but the truth

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yes i do thank you please proceed so we did have a meeting with mr patrick and the owner

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and we had discussed the fact that no neighbors were on the call because they had not received

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any notice. We asked them to continue the zoning hearing to put a request in, which was in June.

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They did request the zoning continuance. However, they did not come back to us for a meeting.

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neither have they met with any of the neighbors so when we spoke to the neighbors as an extra

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precaution we went around and talked to some of the neighbors and they said that they were in

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opposition due to the parking and the density and it's already a little congested around in that

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area so they were opposed but we were willing to give Mr. Patrick and the owner another chance

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to get onto an RCO meeting, but we never got a request from them.

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Is that still the position that you would agree to a continuance?

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We would, yes.

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All right. Mr. Jones and Mr. Mixon,

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there's obviously some housekeeping that you guys need to follow up on.

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Can you hear me?

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Yes.

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yeah so um i'm i'm talking to uh to patrick jones he's been uh handling this this situation

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for me and um he said he reached out to uh miss uh veronica holman and did not get a response

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no he i instructed him to reach out to me yeah i don't know miss who miss holman is so when that

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what we're going to do is try to streamline this as best we can we're going to continue this and

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to a must be heard date and i think miss sunken will try to her best to get you a hearing sooner

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rather than later so miss sunken will work with you offline so mi 2020-000119 3442 north 18th

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street this case will be continued must be heard case number five six seven eight and nine will

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all be heard together they are cases number mi 2021-001314 3841 wallace street mi 2021-001315

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3839 Wallace Street, MI 2021-001-259, 3845 Wallace Street, MI 2021-001-317, 3837 Wallace

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Wallace Street and MI 2021-001-260-3843 Wallace Street.

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Mr. Mattione is the attorney of record.

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My notes indicate we have not yet received a letter of, I'm sorry,

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letter RCO, oh, I'm sorry, there is a letter of support from the Mantua Civic Association.

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so Mr. Mattione if you're out there please raise your hand identify yourself spell your full name

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and I'll swear you in good morning Mr. Chairman Michael Mattione that's M-A-T-T-I-O

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Good morning, Mr. Chairman. Michael Mattione. That's M-A-T-T-I-O-N-I, Federal Reserve Bank Building, 100 North Independence Mall, Suite 5A Northwest, Philadelphia, 19106.

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

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I do. Thank you.

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Thank you. Ms. Canary has some questions for you.

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Good morning. Do you agree with the reading of the refusal and stipulate to its accuracy?

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Yes.

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Have you emailed the exhibit packet with proof of ownership tax compliance, a copy of the refusal referral, photos and their plans of this property, five days in advance of this hearing, and have you met with the RCO, and do you have a letter?

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Yes, to all.

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Okay, great. You may proceed. On all.

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Thank you.

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Sure.

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and again i'm representing 38 37 to 45 wallace street llc and robert sherman the principal is

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here as well and i have presented exhibits including a refusal tax clearance zoning site

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plan floor plans renderings the support letter from uh mantua civic association according rco

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and information regarding market value of nearby single-family homes

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and affidavits of service for the two RCO meetings that were held.

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Presenting plans for the proposed redevelopment of what are now four vacant properties

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and one soon-to-be vacant property were five contiguous lots.

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We had two community meetings regarding the proposal

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and numerous meetings with the Emantua Civic Zoning Committee.

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As a result of all of the meetings, MCA has agreed to support the project and the requested variances.

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The applicant and MCA have also entered into a community benefits agreement, reflecting provisions for supporting the Mantua community that applicant has agreed to, including providing 20% of the units as affordable units.

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And the affordable units will be developed in conformity with the same finishes, amenities, et cetera, as the non-affordable units.

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The obligation to provide the affordable units and other community benefits are set forth in the community benefits agreement that was completed recently.

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The project itself calls for a total of 30 units, six units in each structure in five contiguous lots.

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The R-Zoned RSA 5, we believe this creates a hardship to the land.

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When you look at the refusals, we have a height refusal, but that's because we have a pilot house.

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The building itself is about 36 feet tall with a pilot house on top.

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Because the pilot house is only for mechanical access, it creates a height refusal.

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We also have an open area refusal.

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We have 20% open area proposed and 25% is required.

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Again, we believe the refusals are created by the unique location of the properties.

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If we were to develop this as single-family homes as shown in the exhibits that we attach,

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We would have to sell them for an excess of $400,000.

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We have a list of properties at Exhibit 8 that show homes selling between $4,000 and

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$550,000 in the area.

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Exhibit 9 shows the existing homes on Wallace Street are valued at $125,000 to $150,000.

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The new homes would not be affordable to long-time residents, and this creates a hardship to

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the land.

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And the community recognized this, and they asked us to not build the single-family homes, but have those kind of prices.

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So we met with them numerous times, as I said, and came up with this multifamily proposal.

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And just to note, the most recent new construction on the block, 3815 and 3817 Wallace, is also multifamily.

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When I look down and show some site photos, this is the area, that's the one vacant property

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that's still left and all around it are the other lots that are all vacant, and you can

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see both sides of the property, and then down Exhibit 10B are the only recent new construction

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and on the block are also multifamily 3815 and 3817 Wallace Street and again we're proposing

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six units in each building and if I pull up the floor plans, we have bi-level units in

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So bi-level units in the basement, you have the living area, and then bedrooms upstairs, two units, one front and back, front and back.

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the basement.

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and you have the living area and then

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And then upstairs, there are four one-bedroom units, two units on each floor on the second and third floors.

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So that's the layout.

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And then, as you can see, we have front porches that match the front porches of the other properties on the block.

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We worked extensively with the Mantua Civic Association and entered into the Community Benefits Agreement.

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They clearly support the project.

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I believe the vote at the last meeting was 10 in support with two abstentions.

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Yes, 10 and 2.

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And that was on September 23rd, but we also worked and entered into the Community Benefits Agreement.

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The variances, we believe, are the minimum necessary to develop the property.

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residential use is proposed it's similar to the other residential uses on the

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property the variances don't help avoid any environmental problems by

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developing these lots and not having illegal dumping and again multifamily

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residential is on the block we're seeking residential use residential is

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what's there and again we worked extensively with the Mantua Civic

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association and i do have a community benefits agreement just up on the screen now did not

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include in the exhibits but have it up on the screen and uh just coming down to the uh and it

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shows it was signed by both dwayne drummond as president of mantua and mr sherman the uh

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principal of the development group and what i'd like to do is call mr sherman robert sherman

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is he available

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if we're not able to reach him we'll stipulate you being an officer of court your client would

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have adopted your testimony okay just know he sent me a text message saying he was available

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side is any questions from the board no mr chairman no anyone else would like to testify

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in this case please raise your hand and did you say robert sharp chairman yes

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hello mr sherman please spell your full name and i'll swear you in

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Robert Sherman, R-O-B-E-R-T, Sherman, S-H-E-R-M-A-N.

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

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I do.

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Thank you, Mr. Mariani.

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Thank you, Mr. Chairman.

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Robert, did you hear my statements?

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Yes, I did.

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And are they true?

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Yes.

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And did you enter into a community benefits agreement with Mantua Civic Association?

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Yes, I did.

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And do you adopt my statements as your testimony?

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I do.

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Thank you.

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I have nothing further, Mr. Chair, with you.

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Anyone else to testify in these cases, please raise your hand.

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Yes, and we have a Mr. Curtis.

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Mr. Curtis, you can unmute yourself.

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Good morning, Mr. Curtis.

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Please spell your full name, and I'll swear you in.

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he's available for swearing in

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please spell your name and i'll swear you in

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is there anyone else beside mr sherman

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no other hand sir we're having technical difficulties so uh planning commission

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good morning mr chairman members of the board david vecto city planning commission

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The comprehensive plan recommends no change in the existing residential single-family zoning for

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these properties. The requested open space variance is de minimis. However, the use variance for five

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more units than allowed by Wright and for eight feet in additional height are not supported by

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the applicant's claim of hardship. Neither the height nor the requested number of units

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Neither the height nor the requested number of units represent the minimum variance required to allow the applicant to derive value from their land.

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represent the minimum variance required

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These are all 1,300 to 1,400 square foot lots.

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There is nothing unique about any of these lots that would prevent them from being used in conformance with the zoning code.

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We also note that the claims of affordability cannot be enforced by the city and so should not factor into consideration of the appropriateness of these proposals.

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We recommend that the board deny the requested variances.

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