civus
Hearing video

ZBA Hearing - February 17, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Feb 17, 20215h 2m

do you swear and affirm to tell the truth the whole truth nothing but the truth

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i do thank you judah have you heard my testimony today in front of the board

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Yes, I have.

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is it true and correct and you adopt it as your own yes it is and i do adopt it as my own thank

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Is it true and correct and you adopt it as your own?

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Yes, it is and I do adopt it as your own.

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you thank you uh does the board wish to see the plan no all right unless there's an objection

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from the planning commission we will now move to the planning commission

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i'm sorry about that somebody just broke a car's window out front so

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This is Paula Brumblow-Burns, the property is indicated for medium industrial uses in

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the North District Plan recommends that this property be included for industrial preservation

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and lighter industrial transition area.

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This site is the middle of an industrial complex and we feel that residential use could conflict

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with existing industrial and future properties.

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With the improvement of the I-95 Aramingo exit, we have seen an increase in interest

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in industrial uses within the area.

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Accordingly, we feel that this proposed use will have negative impacts on job-generating industries and request that the variants not be granted.

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Can I?

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Do we have a letter from the council person?

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Is that Councilman, I'm not sure, Castor Avenue, it might be Heenan?

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Yeah, I believe it's Heenan.

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have any correspondence from the councilman's office no but there was full support from the

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RCO so I understand I respect that but um uh excuse me chair we have some folks who has

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who would like to speak okay so it's uh Sanchez okay sorry about that Mr. Folks you're still

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under please identify yourself good afternoon chairman de chico zba board sloan folks office

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of maria canyones sanchez room 508 city hall um the applicant has been with the coordinating rco

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has received a letter of support from coordinating rco the councilwoman uh councilman's office uh

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offers no opposition to this various requests. Thank you. Thank you. MI 2020-003-142-3804-14

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Castor Avenue. My vote is yes with the proviso revised plan two pages adopted today.

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yes with proviso yes with proviso yes with proviso yes with proviso thank you

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thank you vice chair vice chair what every time you finish can you mute yourself

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yeah i do and then i forget to turn it back on and i'm voting

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with no no sound coming out because we're still getting feedback from you

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calendar number three one seven three four six six three paul street

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mr bertill has been promoted to panelists

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good afternoon still on the roof good afternoon can you put your name and address on the record

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please? Yes. B-E-R-T-I-L, 1835 Market Street, Suite 1400, Philadelphia PA, 1903.

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Do you agree to waive and stip? Yes, I do. And have you emailed the exhibit packet in with proof

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of ownership, tax compliance, refusal, referral, photos, plans, five days in advance of this hearing,

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and have you met with the RCO, and do you have a letter?

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Yes to all of the above, except for the RCO, the applicant in this appeal is the RCO,

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and so the community meetings were organized by the Councilwoman's Office to avoid conflict of interest.

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Okay, you may proceed.

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Thank you.

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share my screen all right so by way of background um as i stated i'm here representing the frankfurt

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community development corporation the owner and applicant for this application um by way of

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background we're here for four 4663 paw street this proposal is part of a larger initiative

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FROM THE CDC CALLED THE REIMAGINING MARGARET ORTHODOX INITIATIVE THAT'S DONE IN CONJUNCTION

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WITH AN APPLICATION THAT WAS BEFORE THIS BOARD A FEW MONTHS AGO BEFORE 665 PAUL STREET.

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few months ago for 4665 fall street as such we are proposing uh and requesting a variance approval

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for the alteration and renovation of an existing structure into a commercial space on the first

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floor and four residential affordable mixed-use housing units on the second and third floor

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WE DON'T ANTICIPATE ANY CHANGE TO THE EXISTING BUILDING FOOTPRINT OR HEIGHT.

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JUST TO GET A SENSE WHAT WE'RE TALKING ABOUT HERE, HERE'S THE AERIAL OF THE BLOCK BASE

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THAT WE'RE EXCESSING.

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AS I STATED, THIS STRUCTURE HERE, 4665, WE'VE ALREADY BEEN BEFORE YOU FOR APPROVAL FOR

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THIS SAME PROJECT AND INITIATIVE, AND WE'RE HERE NOW WITH THIS STRUCTURE, 4663.

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This is a better look at the front of the chair. The building is currently vacant, sandwiched in between our other project and the Frankfurt beverage distributor.

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As I stated, the applicant is the Frankfort Community Development Corporation.

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As such, we organized with the councilwoman's office so they can spearhead and organize

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the meetings for this property.

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We did have a community meeting where we did have support for the proposed project.

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The refusals that we were here for is essentially we have one refusal we're here for the use

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on the dimensions of the projects allow three units by right. We are requesting four units

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on the second and third floor. We believe this requested dominions in nature. We're about

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500 square feet away from being allowed four units by right. We believe that having this

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additional unit will make the dimensions of the units more affordable and therefore fit

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within our desire to provide affordable housing within these two structures.

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I won't go through all the submissions because I believe that we have reported across the

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board here.

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But here's the zoning site plan of the current site and the proposed construction.

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And here's just a rendering of what the vision is.

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I'm not sure why that's going off, Senator, what the vision is for the street here.

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And as such, as I stated, you can see here we have a letter of support from the Councilwoman

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Keona Sanchez's office, also a letter of support from the Planning Commission.

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I mean, they're heavily involved with this initiative and a letter of support from State

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Representative Jason Dawkins for this project.

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With me, I have the executive director of the Frankfurt CDC, Kim Washington, if you can raise your hand and be recognized, you can frame and adopt my testimony.

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you've been unmuted please wait for the chair

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good afternoon please identify yourself with the records by your first and last name

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all right kimberly washington k-i-m-b-e-r-l-y washington w-a-s-h-i-n-g-t-o-n i'm the executive

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director for the frankfurt community development corporation thank you you swear and affirm to

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to tell the truth, the whole truth, nothing but the truth.

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Thank you, Mr. Patel.

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Mr. Patel.

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Thank you, Mr. Chair.

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Ms. Washington, have you heard the testimony

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that I provided to the board this afternoon?

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Yes.

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Do you confirm the truth of my testimony

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and adopt it as your own?

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Yes.

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Thank you very much.

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Unless the board has any questions,

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that concludes our presentation.

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Thank you.

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Any questions from the board?

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Hello.

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Anyone else would like to testify in this case, please raise your hand.

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I see no hands, Chair.

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Thank you.

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Planning Commission?

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Paula Brumbelow-Burns, Chairman and members of the Board, the applicant worked closely

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with the Planning Commission to develop this project.

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We feel that the creation of affordable units is a positive in that commercial first floor

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is not necessary at this location.

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Accordingly, we have no objection to the granting of the variance.

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Thank you.

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MI 2020-003173.

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MI 2020-003173, 4663 Paul Street.

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There aren't any revised plans, are there?

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No.

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Okay, my vote is yes.

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My vote is yes.

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My vote is yes.

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My vote is yes.

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Yes.

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calendar number 0436 650 north 36th street meredith ferliger is the attorney

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miss ferliger has been promoted to panelists

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i name an address for the record please

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good afternoon mr chairman members of the board meredith ferliger f-e-r-l-e-g-e-r

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uh 1500 market street suite 3500 e philadelphia do you swear a firm to tell the whole truth and

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nothing but the truth certainly do do you also agree to waive the reading of the refusal and

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stipulate to its accuracy yes and have you emailed the exhibit packet with ownership tax compliance

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refusal referral photos plans five days in advance of this hearing and have you met with the rco

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and do you have a letter yes to all of the above thank you you may proceed

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okay good afternoon everybody uh the board first heard this case in october which requested a new

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three-story structure for use as a three-family dwelling at 650 north 36th street in west

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philadelphia after the board initially denied the request we filed for reconsideration which this

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board graciously granted to permit applicant a rehearing which is what brings us back before you

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today what i'll do to move through this as quickly as possible is to uh very briefly refresh your

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memory from the presentation in october then i'll turn right into the additional information that we

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submitted with the reconsideration request that should help further justify the board in granting

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the requested variances today. Now if you recall the property is zoned RSA5

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and having been rezoned from RM1 in 2017. The lot sits immediately across the street from high

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density CMX3 development which I will touch on more in just a moment. Now as we presented back

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Back in October, the property suffers from a hardship for a few reasons.

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The main hardship lies in the predominantly multifamily character of the block.

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The zoning map shows that the rezoning left the west side of this block of North 36th

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Street with single-family zoning, despite the CMX3 zoning directly across the street

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that accommodates 101 units.

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This block is largely made up of vacant structures, a duplex at 638 North 36th Street, just a few

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doors away, and a few remaining single-family homes. Now moving specifically to the grounds

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for the reconsideration, the neighborhood context is one of the two main reasons we requested that

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the board reconsider its decision. During the original hearing, we noted that the PHA development

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across the street was multifamily. Board member Holloman questioned how these structures were set

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up since the photographs, which I'll bring up, the photographs understandably and reasonably

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would reflect they appear to be single-family type developments. They are not. The permitting

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for this development was under several different addresses that we were only able to successfully

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tracked down after significant effort after the hearing. If you first take a look at the

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brochure here at Exhibit 13, you'll see confirmation that the development does in fact have 101 units.

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Now more importantly, to answer Mr. Holloman's question, if you refer to tab 12,

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I'll zoom in on this for you,

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you'll see a screenshot of the permit language that confirms that these structures have two

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three four even five units within each so you'll see the first screenshot is of uh 3501 Wallace

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I believe I found this under and this shows 47 dwelling units in 20 structures and then the

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other permit I found I believe it was under 35, 16 Fairmont Avenue and that reflects 45 dwelling

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units in eight structures. As of today we've still been able to

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As of today, we've still been able to locate the actual copies of these permits, but the

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permit language is very clearly shown on the city's open map system.

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Now in light of this additional information, the proposal for 650 North 36th Street is

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well within the context of this neighborhood, especially this block, and further confirms

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the predominantly multifamily character creating a hardship to new single-family development.

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Now the second compelling reason that we're requesting this board reconsider its decision

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and grant the requested variances is in light of the community interaction with this particular

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small development. I believe that we either have Gwen or Sam from Mantua Civic on the line today

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to weigh in just a bit more on that aspect. Now, during the October hearing, and forgive me, Paula,

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I don't recall who was on back in October, but the Planning Commission rep at the time

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noted that long-term vacancy is not grounds for hardship. This is simply not true generally,

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and it is especially not true for this particular lot. This property has been vacant and blighted

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for over 50 years in which time no single family use has been proposed for this property.

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When my client purchased the lot he engaged with the local community to determine the best

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and most suitable use for the lot. As a result of those discussions a triplex structure was proposed

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to include a mix of unit types that would include one two-bedroom unit and one sorry

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one two-bedroom unit and two one-bedroom units. With the three units, the community requested

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that one of those three units be designated to a member of the local community, which my client

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wholeheartedly agreed to. Of the three units, one unit would be offered for a reduced rent to

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accommodate that particular community resident. And as somebody that has undertaken hundreds of

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developments in this community, I believe Mantua would verify that this commitment is one that they

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wholeheartedly believe will be met by this particular developer.

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Accordingly, we are asking that the board grant the variance as we originally requested for the

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three units, which is well in context with the multifamily uses on the block and would have been

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density permitted under the former RM1 zoning. However, given the hardship facing this lot

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that will prevent single-family development and risk leaving the lot vacant indefinitely,

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my client would reduce to a duplex if necessary. As a practical note, the number of actual bedrooms

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in the structure would be the same or more in the duplex, given that the duplex units would,

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of course, be much larger. Now, before the board renders the decision, and because they were so

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kind as to take the time out to be here today, I would ask for Gwen or Sam, whoever is on the Zoom

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today from Mantua, to provide a little bit of additional clarity to the board on the community's

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immense support for this proposal, especially as it relates to the originally requested three units.

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So if you want to look for either Sam Samuels or Gwen, I don't, I see Gwen Morris. There she is.

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Good afternoon, ma'am. Please identify yourself with the records, spell your first and last name, and provide us with your address.

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Good afternoon. My name is Gwendolyn Morris, G-W-E-N-D-O-L-Y-N, last name Morris, M-O-R-R-I-S.

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I live at 609 North 33rd Street.

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

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I do.

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Thank you. Please proceed.

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Okay, I remember this particular meeting because this meeting was held outside and the near

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neighbors were really excited about the fact that I think it's most impactful if the residents can

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see the actual parcel that you're considering. And we were a little surprised as the coordinating RCO

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