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Hearing audio

ZBA Hearing - April 8, 2026

Philadelphia Zoning Board of Adjustment (ZBA)Apr 8, 20266h 12m

i mean jen wanting to answer that question about the students and the conversation you had with

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the group sure we the community group also uh based on the review of the plans had concerns that

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we would be renting these out specifically to students particularly with the way the upper

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rooms are larger my client actually agreed to specifically put in writing with the group that

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it would not be rented to students they with the language barrier as well they actually don't

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prefer to have turnovers that quickly with the with the tenants so they've been trying to get

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mostly tenants that are willing to lease stay for a year or two uh if not longer on on the leases

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so that they don't have to do turnovers i think the general issue here is that like i don't see

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how this is viably rentable it's four bedrooms you can't have more than four bedrooms go to someone

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that's not a family now you have to find a family that can like absorb these two sort of large

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anti-rooms it's going to make the rent higher i just i think we're all struggling with the like

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mechanics of this you also cannot restrict rentals to no students like that violates fair housing

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rights laws so i think like we're having a hard time understanding how this is going to be viable

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and meet sort of the the demands or the provisions set out by the rco even though your client agreed

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to it. Yeah, I understand that. I mean, for Airbnb, that's pretty easy to regulate. So I

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don't think that's the problem. I do understand the board's concern with regard to finding

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particular renters for the area. My client's using representatives from realtors, essentially,

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to try to find tenants. They are, again, they do have some contacts with other people in the

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community, Asian community that may be interested in renting. So as far as I know, based on my

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conversation with my client, they've been renting the properties for a while. So they're pretty

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comfortable with finding someone for the space because they've managed to do it in the past.

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Okay, other questions?

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not question but the same issue i i it looks more like um these are like like students like suites

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if you will not uh a forbid room uh duplex arrangement um well i i do understand that i i

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also um want to point out again i think this my client kind of inherited these plans um and the

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layout uh they they didn't do any renovations they bought the property so the prior the the again the

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the reo that did the purchase from the sheriff department then did the renovations may have

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very well had originally planned to just simply have this as student housing um my client purchased

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the property and then they they have been just renting it you know in the ways that they can

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based on what they have available with the single rental license so again they they asked for a

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duplex because quite honestly they do not um have the finances or the desire to do further renovation

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to make a triplex out of the property uh so that's they were hoping to keep the existing conditions

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and just legalize the use

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so they can get the proper rental license

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and rent it out, both units.

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All right.

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Questions from our attorney?

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Not at this time, Mr. Chair.

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Questions from the virtual audience?

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No hands at this time.

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Planning Commission.

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Thank you, Chairman, and good morning.

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David Vecto with the City Planning Commission.

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Chairman and board members,

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the comprehensive plan recommends no change

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to the rsa5 residential single family zoning at this location the city rezoned this neighborhood

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in 2017 in accord with recommendations in the comprehensive plan this property appears to have

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been converted to a duplex without the benefit of permits through no fault of the current owners

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the proposed use matches the character of the other homes on this block face the city planning

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commission recommends that the board grant the proposed use variance for two dwelling units

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Thank you.

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Zen, I'm going to take this to next week.

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Okay.

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On Wednesday, I'm going to really sit in the executive session and try to figure out where we are with this.

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Okay.

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all right thank you all right thank you very much for your presentation

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All right.

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Thank you.

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All right.

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Thank you very much for your presentation.

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all right number 14

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All right.

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mi 2025 007 102 1838 north van pelt street alan knockamson is the attorney

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good morning good morning counsel could you please state your name and spell for the

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stenographer alan knockamson a-l-a-n last name knockamson n-o-c-h-u-m-s-o-n do you swear or

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affirm to tell the truth the whole truth nothing but the truth i do could you identify your client

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and the relationship to the property yeah my client is the owner of the property van pelt

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properties LLC in the virtual audience is its member Covey Kennedy as well as

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his architect Justin Coleman and we have a letter of non-opposition from

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strawberry mansion community concern our vice-chair has a few questions good

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morning have you submitted your documents and exhibits five days in

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advance of this hearing yes we have and do you waive that we know the refusals

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to stipulate to their accuracy? I do. Okay, I think you can proceed with your case.

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All right, so I'm here to present 1838 North Bend Pelt Street.

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You know, I have 12 exhibits here. As I stated, Mr. Kennedy and Mr. Coleman are in the virtual

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audience and i'll have mr kennedy uh you know introduce himself be sworn in and i have a few

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questions for him uh we have a notice of refusal here for an rsa 5 property originally we're

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seeking four dwelling units which would be out of character for this part of the neighborhood

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really every property here is three dwelling units so you know after further conversation

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with my client i indicated to him it would be in his best interest to follow like what the rest of

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neighborhood has in terms of three dwelling units so we have revised plans which reduce the amount

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of uh dwelling units to three we have two other variances one for occupied area and one for rear

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yard setback as the chairman stated the community has no issue with those two variances plus they

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appreciated the fact that we went down from four units to three units out of our own like volition

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We did that prior to the community meeting, but we made additional changes as well.

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So we do have a correspondence from Strawberry Mansion Community Concern.

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One of the requests was a non-zoning request to change the color of the siding on the side of the property that matches the red brick.

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They did have concerns about having the kitchen in the basement.

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we are more than happy to switch it so that the kitchen is in this on the for the first floor

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unit and the lower level is one unit to have the kitchen on the on the first floor um unfortunately

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given the short time frame to have you know from the time we had the community meeting oh it says

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i'm muted uh from there oh okay use the microphone yeah okay i was like i've never seen that come up

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so i apologize for that yeah that's okay all right um but yeah given the short time frame we

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didn't have chance to change the floor plans but we have no objection to obviously switch the floor

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plans it makes more sense too um and my client acknowledges that um the only other issue the

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only other so they wanted to switch the basement uh use uh we'll have kitchen on the first floor

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living room uh a bedroom and then the lower level you know we just wanted to open floor plan

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You know, again, this day and age from experience, a lot of people like work from home and that extra lower level area is good for, you know, an office area, maybe like a little secondary living area of some sort.

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So we would like to keep that.

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The only other request by the Strawberry Mansion Community Concern Organization was the exterior will be constructed in accordance with the revised improved design, not the original side siding concept.

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AND THAT WE JUST CHANGED THE COLOR OF DECIDING. SO WE HAVE NO OBJECTION TO KEEPING THAT THAT WAY,

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TOO. SO THERE WERE THREE PEOPLE ON THE BOARD OF THE SHORBURY MANCHIN COMMUNITY CONCERN THAT

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VOTED IN NON-OPPOSITION. I DO WANT TO SAY THAT THERE WAS ONE COMMUNITY MEMBER THERE WHO ALSO

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VOTED, I BELIEVE, EITHER IN SUPPORT OR IN NON-OPPOSITION FOR WHATEVER REASON THEIR VOTE

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WAS NOT ACKNOWLEDGED HERE. I'M NOT SURE WHY. HERE ARE REVISED PLANS WHICH, AGAIN,

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speak to the reduced unit count and also to clean up the site plan in some respects.

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And then, you know, I want to give you examples of three family dwellings on that block, 1812, 1843, 1816. There's others on other blocks, but I also have in my notes that there are eight other instances of triplexes on that block.

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And then, you know, I want to give you examples of three family dwellings.

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there are actually 36 vacant lots on that block as well so again i think to have this development

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would enhance the block and be consistent with the character of the block as well here's our

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aerial view which shows where we are on the block but also shows a lot of the

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vacant properties on that 1800 block of north van pelt street

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So, while we are RSA 5 property, there are many RSA 5 properties on that block, which are multifamily in nature. In addition, you can see there is some mixed zoning as you go to left here with RM1, so not out of character.

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photographs of the property so this is a vacant lot this is a hearing notice poster showing proof

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of posting for today's hearing this property has been a vacant lot for some time we went

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to google street view and it shows as far back as august of 2011 this is northbound pell street to

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the right of property and a particular note you can see there's this is a neighborhood that has

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three-story structures, flat brick facades, lentils, pronounced cornice lines, and having

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some type of pronounced stone structure added to the brick as well in the front. You'll see that

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we mimic that architecture in our design as well. North Van Pell Street to the left of the property,

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so similarly pronounced cornice line, lentils, flat brick facades. The window structure is very

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similar to the window structure you would expect from a traditional philadelphia row home

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and again a pronounced lower level this is where we intend to store the meters under the staircase

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and you know just a rendering from a different angle is oh this is just to show that we did

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change deciding to mimic the color of the brick that we intend to have as a front facade so and

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And you can see how we seamlessly are within the architectural detail and feel of that

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block as well.

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And then you can just see in terms of our, let's see.

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We are four and a half feet out of the ground from the first floor.

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and we are four feet out of the ground

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and we're five and a half feet downward.

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So that's nine and a half feet.

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So if you count a little bit of ceiling,

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we'll probably have eight, eight and a half foot ceilings

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in the lower level.

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And then these are our floor plans.

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So, oh, sorry.

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What is going on?

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let's see all right these are our floor plans uh this one making that too big so just thinking

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about it um we again the unit number one we're going to have to change up a little bit given

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the fact that we had our bedroom uh bedrooms upstairs we intend to change it a little bit

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more so to make sure that we have a kitchen, a dining room, and a one-bedroom upstairs.

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But this is a common vestibule area where, you know, we'll have, like, again...

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So the two bedrooms go?

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Probably two bedrooms would have to go.

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That's right.

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That's right.

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So what you would probably have here is that these would be replaced by a kitchen area,

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a dining room area, and a living room area.

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And then this is the lower level.

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obviously we would take out all of this and just have it as an open floor plan our washer and dryer

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is down here and we would like to keep like a half bath down there just for people who you know

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don't want to have to go up and down the steps when you know say their their office is down there

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or it turns into like a flex space with a living room maybe a little guest room with a fold-out

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couch or something like that unit number two you go up a flight of steps and you can see there is

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a living room and then a kitchen and they have two bedrooms up here with one bathroom

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and then the same thing mimicked on the third floor one of the things we did not put in here

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was a roof deck again respecting the character of strawberry mansion and and and their preference

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not to have roof decks as well um overlay is there an overlay there too right i'm not a hundred no

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not that far i i don't think so so but we we you know we present in front of all the strawberry

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i i don't think so so but we we you know we present in front of all the strawberry mansion

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Manchu groups and we

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groups and we understand what their wants and needs are so we try to anticipate you know that

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there's also uh trash closets in both of the units here here's just an example for unit three and

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then the trash is stored in the rear for unit number one um again we met with the community

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on i think march 30th uh and again not very well attended meeting but you know we had you know

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notified 133 addresses i think one of the reasons why it wasn't well attended is because all these

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vacant lots nearby so but we did have one community representatives there and three members of the

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coordinating rco and proof of mailing of that notice or application for appeal that we followed

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on behalf of van pelt properties llc excuse me as well as a notice refusal the project information

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form the deed to the property showing that van pelt properties llc is the owner of the property

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and then finally the certificate of tax clearance i would ask that um

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mr kennedy virtually raise his hand and be sworn in

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he's being promoted to panelists thank you

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hello this is colby kennedy hi good morning could you please state your name and spell

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for the stenographer yes this is colby kennedy c-o-l-b-y last name kennedy k-e-n-n-e-d-y

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you swear or affirm to tell the truth the whole truth nothing but truth yes counsel uh yes uh

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colby you heard everything i had to state today about your zoning matter yes is it true and

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correct yes and do you adopt this your own testimony yes specifically with regards to the

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revised plans you agreed to reduce the unit count to three units yes I do all

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right thank you questions from the board so just to be clear only the first

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floor unit is going to have access to the basement and the backyard that is

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correct so this so this first floor unit goes from a three-bedroom apartment to

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a one-bedroom luxury apartment is that what i'm understanding yeah i mean it's how i see it is

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there's you know just because of the how the the property is designed and where the staircase is

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you can't put a second uh bedroom on that first floor and then as far as the lower level you know

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we just want an ability for someone to use the lower well the washer and dryer is down there

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But we also want someone to use that lower level as a flex space.

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Yeah, I'm trying to understand, I guess, because we always hear hardship, financial hardship.

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So I'm trying to understand how one bedroom with a full finished basement is becomes profitable in that on that block right now.

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I'm just I don't see how that's financially feasible.

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But that that's, you know, Kobe is a licensed realtor who's very well experienced in the field of real estate management, as well as financing.

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You know, he feels that even limiting the unit count to three, having two two bedrooms and one rather large one bedroom makes financial sense.

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And again, it's not out of character, too, because I have been in front of this board quite recently.

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within the past year we had two instances under similar circumstances on the 1800 block of north

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van pelt street where we have three you know triplexes under similar circumstances yeah i

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understand the triplex i just can't understand how it makes financial sense to have this luxury

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one bedroom unit and what's that rent going to be for that unit and if you can actually market it

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So I think it's not quite viable from a from a business standpoint, but that's my only concern.

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I think another question I have is I didn't see a washer and dryer in any of the upper units. So initially, I assumed everybody had access to the basement. So where are the unit 2 and 3?

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