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Hearing video

ZBA Hearing - May 24, 2023

Philadelphia Zoning Board of Adjustment (ZBA)May 24, 20233h 57m

Just wanted to point out for a point of clarification here.

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you know there are basketball courts adjacent to this property but this is not at all affecting

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them this is not any sort of closure of basketball courts this is the grassy lot adjacent to those

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recreational courts so there's no sort of impact or any sort of you know demolition or encroachment

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on those existing basketball courts those all you know remain the same this is the the two grassy

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lots adjacent to those courts. Thank you. Thank you. Is there anyone else in the virtual audience?

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Yes, Kara Rennert with her hand raised. I will now do the speak.

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Could you state your name, please, and spell for the court reporter?

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Yes, Kara Rennert, K-A-R-A-R-E-N-N-E-R-T.

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That's right. Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?

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Yes.

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my testimony pertains to two things um the first thing is the driveway flare and apron

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the plan that we looked at a few minutes ago for 423 powleton shows an encroachment of two feet

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into the right-of-way of 4221 powleton which is my house via that driveway flare and apron

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both streets and ellen i reviewed the plans and confirmed to me via email that it does not follow

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code and is not permitted um streets stated that in order to approve that variance uh permission

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is quite required by the owner of 4221 paladin to approve the encroachment of the driveway flare

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and apron uh streets stated that without that permission the driveway and flares need to be

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redesigned to show no impact to the adjacent property owner's sidewalk or property frontage

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so I'm the owner of that property and I do not give my permission for any encroachment whatsoever

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to my property frontage so Mr. Chairman if I could quickly reply um we obviously I mean I'm

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a real estate attorney rule number one we do not build encroaching features into other people's

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property it's it shows it shows directly Ms. Renner let him let him finish and I'll give you

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chance. Go ahead. To the extent, and I would, Mr. Dry, by the way, who you heard from a moment ago

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is our project architect, to the extent that his drawing accidentally shows part of the driveway

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apron, which by the way, is just a depression in the sidewalk on the adjacent property. When we go

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through the full streets review, which we haven't yet, you go through a zoning level streets review,

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But after we get our variance, we must go through a full streets review before getting a building permit.

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Streets will not approve anything that encroaches on a neighboring property, and we will make revisions accordingly.

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I can assure you that we will not obtain a building permit for or do any building outside of our property lines.

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That is a promise, and that should not impact your ability to grant zoning variance.

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Renter, do you hear the comment?

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Ms. Renter? Unmute, please. Yes, sorry. I did, yes. Okay. And the city surveyor has come out and

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marked the points of the property so we know where that line is because it does go over my gas line.

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Um, because it does go over my gas line, um, other sort of just to, uh, reply to, uh, Brandon's

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Okay. Other

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comments in the beginning about sort of the desolation of the area. I just would say that

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that's not true. We have a, an active basketball court next door and the lots that he's referring

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to were owned by the Wilkerson family prior to selling them to Ludwig, which Saki purchased

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them from. So the Wilkerson family used that lot, both those lots. There's pictures on Google to

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show it. It was part of that whole family unit. And the church on the corner is the Presbyterian

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Church, which is a historical black church. So it's not an area that's been unable to be developed.

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It was actively lived in and used until those lots were separated and sold. Okay. Thank you

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for your input and calling in.

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Is there anyone else in the virtual audience?

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No further answer, Mr. Chair.

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Okay.

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Mr. Chairman, Mr. Chairman.

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Yes, sir.

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Excuse me, Mr. Chairman.

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Yeah.

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Do the architect have a site plan that he can put up?

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Can you show on the screen the site plan?

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Yes, Mr. Holloman.

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One moment, I'll get it up on the screen

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and if we could allow Logan Dry to speak again.

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let's see so the zoning plan is um logan i have you tell me what would help you i have

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your zoning plan and the uh survey as well i'm figuring the zoning plan is what you need but

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let us know yeah i mean if you want to zoom in so mr holland can see and again this was

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reviewed by streets department and approved as part of the prerequisite for the zoning under

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Streets Department Review SR 2022-016-011. So if anything's changed since then, as far as the

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Streets Department's rules or approval standings, then, you know, I wouldn't know about that at this

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point, but this is what we submitted. Streets Department, and they reviewed it and approved

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it prior to the L&I examiner completing their review and issuing the refusal.

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all. And Logan, can you reaffirm that this is going to go through an even more thorough second

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review before a building permit is obtained? Is that right? Yeah, I mean, they'll have to do a

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building prerequisite review as well. So if the streets department at that time, you know, provides

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an alternate curb depression that, you know, they feel is a better solution to any sort of conflicts

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there might be with perhaps stuff that's in the sidewalk, then that would be something to lend

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You know, find. Thank you. Thank you, Mr. Chairman. Thank you, Mr. Chairman. I like to recommend this. Thomas, I am going to do that. Thank you.

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Anyone else in the virtual audience?

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No one else, Mr. Chair.

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um planning commission it's uh ron bednar city planning property is indicated for residential

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and the city plan or adopted district plan recommends no change the existing residential

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zoning at this location the applicant's hardship is not supported with evidence of unique

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physical circumstances or condition of the property that would prevent it from being

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used and conforming with the code therefore we recommend request for vans not be granted

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thank you mr chairman um brief response to that is that okay yeah go ahead okay um the last thing

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i just want to point out because we have the site plan on the screen i i would ask the board um to

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note the difference um the the degree of width of um the property that we are proposing and again

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that this really was to enable a project that can fit parking in the rear which was a desire

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of the community. And if you need any clarification on that setback issue, this site plan, which you

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have in your packet, it sort of shows you that we really are lining up fairly closely with the way

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the neighbor's house is arranged on the property. I believe we have a hardship because this is the

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the most modest thing we could do beyond building single family homes and the single family homes

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right now just don't pencil out. That's it. All right. Mr. Saver, we're going to hold this vote

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for two weeks. Okay. We'll vote at two o'clock. But in the meantime, I would appreciate if you

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could notify the council person's office, Mr. Goodman. Yes. To see if they have a response to

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that yes yes and and i assure you i already have hold up hold up hold up sure and so is

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Yes. And I assure you, I already have. Hold up, hold up, hold up.

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And so as soon as you have that, I would appreciate you could send that to our council.

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OK. And one way or the other, if you're not going to have a letter, then let her know that council person is not going to take a position.

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OK. And I'm going to close the case, except for the meeting at the executive session that we have.

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OK. OK. Thank you. All right. All right. Thank you. Thank you.

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Number nine, MI-2022-007-640-175 West Oxford.

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Catherine Mismer is the attorney.

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Support from the RCO.

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Letter of non-opposition from Council Member Lozada.

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good afternoon counsel could you state your name please and spell for the court reporter

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yes katherine k-a-t-h-e-r-i-n-e missomer m as in mary i s as in sam s as in sam i m as in mary

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er 1835 market street suite 1400 19103 you swear or affirm to tell the truth the whole truth and

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nothing but the truth i do um could you identify your client the relationship to this property

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Yes, I am here on behalf of Northern Star Developments, LLC, owner of the property.

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Okay, our vice chair has just a few questions.

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Sure.

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Paige?

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Yes, good afternoon, counsel.

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So do you agree to waive the reading of the refusal or stipulate to its accuracy?

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I do.

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Have you emailed in all the required documents and exhibits that are needed to proceed with this case five days in advance of this hearing?

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Yes, sir, I have.

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Thank you. Please proceed.

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Thank you. And are you seeing my screen?

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We can.

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Yes.

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Great. Thank you.

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As mentioned, my name is Catherine Missimer.

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I'm here on behalf of Northern Star Development, LLC, owner of the property at 175 West Oxford.

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We're here today with an application for a partial demolition of a previously proved addition to a warehouse building, the addition of a non-accessory roof deck, I'm sorry, a non-residential roof deck, and the change of use to an educational facility.

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With me today is the owner's representative, Kelly Fox, project architect, Jeff Watson, as well as our prospective tenant, representative, Steve Kersman.

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As you can see, this project has the support of the Coordinating RCO, South Kensington Community Partners.

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This lot fronts on Oxford, Hancock, 2nd, and Turner Streets.

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You should be seeing a site plan as soon as it reloads.

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And you'll note that this is part of a larger development project.

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Some of you may recall this project came before the board a few years prior to the pandemic.

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This was a mixed-use development, including a ground-up mixed-use building here, as well as townhomes here.

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But the focus of today's discussion is the existing warehouse building that's located here at the corner of 2nd and Turner Streets.

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Following the pandemic, the property owner determined that the prior use that was approved as part of the larger development for this existing warehouse building,

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which included both ground floor vacant commercial space as well as office space and additional

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residential units wasn't as practical um in the post-pandemic world so that's what's bringing us

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back today um with respect to just this this particular portion of the prior project again

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it was approved for a two-story addition to the existing building the proposal was to do ground

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floor commercial, office space in between, and then residential units above.

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Property owner committed to preserving the warehouse, but again, following the pandemic,

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alternative uses seem to be a better fit.

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Today's proposal is the reduction of that previously approved addition.

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So rather than the two-story addition that was proposed, you'll see that in yellow here

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on the left, what we're currently proposing is what you see on the right.

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So rather than the two stories that we previously had approved, we're going just for this smaller edition, the one-story edition.

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Everything in blue is the existing warehouse building that you see.

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As well as we're going to do a non-residential roof deck here and in the zoning district that does generate a refusal.

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and in the zoning district that does generate a refusal. The proposed use is now for an educational

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The proposed use is now for...

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facility. The prospective tenant would be Little City Montessori. Little City Montessori is an

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existing Montessori school in the neighborhood. They've got a location at 5th and Master Streets.

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Given their overwhelming success at that location, they have been looking for a second location,

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and this project offers great space, residents on site, and it does provide the space that they

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would need to grow that program. What you see on the roof, this would be your non-residential

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roof deck. These are transparent panels as part of the eight-foot high safety fence. This is where

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the children would play. This provides the safety to give them outdoor space to play, and they're

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not going to be at risk of traffic or people coming in and out of other portions of the project.

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So it really is a nice fit and use of that space. Little City is a neighborhood school. The bulk of

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the students do live in the neighborhood, as well as the teachers and staff. This is the exterior of

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the warehouse as we finished. Like I said, this is the existing warehouse building. This is your

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addition, and this is a close-up of what that outdoor play area would look like for the children.

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Some additional renderings. This is the existing warehouse today.

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And some interior and posting photos of that existing condition, as well as the neighborhood.

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A little bit about Little City Montessori. It's a family-owned and operated building program, learning program. I apologize.

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The founding family, the Kurtzman, still run the program to this day. Their children attend the program.

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and they are a community-driven school. They do participate in fundraisers for local community

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projects and they are active members of the community. This site is still zoned RSA 5,

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which is what brings us here today. The non-residential educational use is not a

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permitted use in RSA 5, as well as the non-residential roof deck is not permitted in RSA 5.

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Again, this is a unique scenario because we do have that larger project on this site.

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It does involve multiple uses, and we think we can fill this space with a neighborhood

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amenity, frankly, that provides value add to our community from day one as soon as Little

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City is able to open the doors.

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So we met with South Kensington Community Partners coordinating RCO.

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The meeting was well attended, and several participants did speak about their experience

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with Little City at its existing location.

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You have a letter of support in your packages.

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We believe this project will not alter the essential character of the neighborhood, as evidenced by that letter of support, the comments of the neighbors, and the existing surrounding uses.

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We will not impair the use or development of the adjacent property.

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Again, it's part of a larger planned community here, and it will be a nice amenity for the neighborhood at large.

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With that being said, I do have our architect on the line, should you have plan questions, as well as both our owner's rep and representatives from our prospective tenant, Little City, Montessori.

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I would just ask Kelly Fox, who's our owner's rep.

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Council one. So I saw the letter of support from the RCO, but our records show that Councilmember Lozada is also in support. Do you have a letter from her?

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I did not receive a copy. I did know that.

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We have a letter of non-opposition from her as well.

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Okay. All right. Why don't we have somebody come on and adopt your testimony?

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That'd be great. Could Kelly Fox be permitted to speak, please?

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Sure.

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Fox has been about to speak.

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Hi, could you state your name, please, and spell for the court reporter?

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Yes, my name is Kelly Fox. It's K-E-L-L-Y, F as in Frank, O-X.

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You swear or affirm to tell the truth, the whole truth, and nothing but the truth.

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Yes.

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Who's he, counsel?

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Thank you. Kelly, have you heard my testimony today?

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Yes.

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Would you agree that it's true and correct?

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Yes.

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And would you adopt it as your own?

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Yes.

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Thank you.

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Our representatives are available. Should the board have questions?

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Sure. Questions from the board?

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No, Mr. Chairman.

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No, Chair.

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Questions or comments from the virtual audience?

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