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Hearing video

ZBA Hearing - December 13, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Dec 13, 20236h 13m

Erie Toursdale station. It's also half a block from Kensington Avenue here on Deal Street.

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This block is a mixed zoning block. We are within a RSA 5 district ourselves.

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Across the street there is an auto sales lot that is zoned CA1.

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This property is occupied by an existing two-story building that was built in approximately 1925.

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is occupied by an existing two-story building that was built in approximately 1925,

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two-story vacant structure that is in significant need of repair. It was purchased by the current

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owner in 2022 in its existing condition. It had historically been approved or been used as a

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meeting hall, but we believe at some point, informally or unofficially, it was used as a

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warehouse by the last owner. And as I mentioned, the property is in significant need of repairs

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and is currently vacant. The new owner intends to renovate this building and restore it to an

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active use in the neighborhood and to improve its aesthetic condition on the street as well.

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This application in particular seeks really to convert the existing building into 16

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artist studio units. Here's a copy of the refusal that was issued by L&I. As an RSA 5 zoning

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district, artist studios are not permitted in this zoning district, which is the reason for

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the refusal. No additions are proposed with this application, although the building will be brought

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up to code, modern building and safety codes in connection with the renovations that will be

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performed with the change of use. But we are seeking variance relief to convert the building

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for Artist Studios. We presented this project to the RCO on November 9th, the Frankfurt CDC,

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and there was questions at the meeting about whether this property would end up being used

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as a halfway house or a drug rehab center, and ultimately there were three votes at the RCO

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meeting in opposition to this project, and that is noted on the letter that was submitted by

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Frankfurt CDC. Since that time, the owner's representative, Peter Crawford, has spoken to

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many of his neighbors, 12 of whom who have now signed letters of support that are submitted to

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the board and included within our packet, noting their support for this project. We have one in

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addition to what Peter can explain about this meeting. Andrew Cohen owns a daycare business

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adjacent to this. He's also submitted a letter that's noted here and has some comments about

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the meeting, and he is here to testify about this matter as well. So with that, to allow some

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additional context on the project i'll call peter crawford um you can raise your hand and identify

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yourself for the board they've been not to speak yes uh hi could you could you mr core could you

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state your name and spell please for the court stenographer yes uh peter crawford c-r-a-w-f-o-r-d

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

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Yes, I do.

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Please proceed, sir.

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Thank you, sir.

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Just initially, have you heard the statements I made to the board earlier?

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Yes, I have, yes.

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Are they true, to your knowledge and belief?

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Yes.

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Yes. I would just like to add that I was told by somebody who attended the community meeting that the vote was was three to two.

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So I was confused when we got the letter stating a three to zero vote.

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And I also wanted to mention that we have the support of the block captain for 1500 block of Deal Street by the name of Kathy Shadle.

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She is one of the signatories on our support letters, along with a lot of other residents of Deal Street.

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Thank you, Peter. If I could, just before you continue your testimony, I just want to, for the record, have you confirm whether you'd adopt my statements as your own, for the record?

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Yes, I would. Thank you.

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Okay, thank you. Go ahead, Peter. Proceed.

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Yes. As Stephanie was saying, there were rumors flying at the community meeting that this was going to be a halfway house or some form of drug or alcohol rehab facility or even an injection site.

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and uh you know this is uh hearsay but i've been told secondhand that that was the reason for some

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people opposing it and after uh the meeting uh we sat down with uh people in uh the neighborhood

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and a lot of a lot of near neighbors and gave them a tour of the building and and uh clarified

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in their minds that there is no way this is going to be any type of rehab facility, and we

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intend to make it into artist studios. Thank you, Peter. If we can go back, I just want to

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give the board some additional context on your purchase of the property. When did you purchase

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the property? We purchased it in the spring of 2022, I believe, yes. What was the existing

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20, 22, I believe. Yes.

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What was the existing condition of the building when you purchased the property?

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condition of the

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The existing condition was I think they had done some work with the roof and the roof framing, but it did need some structural work.

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And, you know, it looked basically as you see in the photographs.

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and maybe somewhat obvious given the pictures of the building um but given that you're you're most

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familiar with it is the existing building and its conditions consistent with the zoning here for

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single-family use this is a 6 000 square foot building uh that historically has has been used

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as a meeting hall it was built for french immigrants uh to the frankfurt neighborhood

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and it was the Franco-Belgium Literary Society for many years.

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Later, it was a meeting hall for the Frankfurt Optimist Society.

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It has never been a single-family house,

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and it's 6,000 square feet laid out as a meeting hall.

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It doesn't seem appropriate to me for a single-family home.

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So that's how you came to,

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how did you come to the proposed development for Artist Studios?

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Well, we see and, you know, anybody in the Riverard sees that a lot of artists are getting kicked out of their existing studios.

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I think this happened in a building on Coral Street, and a lot of these buildings are being changed to residential.

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So we felt we're a little bit further up the L and we could provide an outlet for affordable artist studios for the art community.

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Great. Now, what I'm showing on the screen here are the plans for the property.

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These are rough sketches of the floor plans for the ground floor and the second floor.

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Can you briefly explain for the board what the layout is going to be for this building?

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I mean, I think the layout is simple and straightforward. We have two levels. We have a basement level that is about half below grade and half above grade, which will have windows. And we have plans for eight studios on each floor. And there's an addition on the side where we plan to have utility sinks and bathrooms for the tenants.

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Are there any other additions planned to this existing building?

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No further construction or change in the footprint is planned, no.

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Sure. As far as operations go when these units are occupied,

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can you explain a little bit about the use and the nature of the use?

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Yes. Well, we will not be doing anything that requires unusual electrical loads

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or unusual exhaust requirements.

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There's no glass blowing or metal work.

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This will be low impact photography studios,

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visual artists, maybe digital artists,

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maybe people doing something with paper

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or doing something with fabric.

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It'll be low impact artist uses.

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And will those be inside the building

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or will any uses be outside of the building?

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just inside the building. Will there be any noise or odors or other vibrations that might

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escape the building itself? No, I don't believe so. These are low-impact uses.

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Have you made or will you make arrangements for trash pickup?

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Yes, we have a side yard on either side of the building, so the larger side yard will contain a

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a location for for trash and either cans or a small dumpster you mentioned this and it's obvious

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from the map of the property um but the building is located closely to the l um do you anticipate

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that most of the users of this space will use the available public transportation

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yeah so that's one of the reasons that uh i made the purchase you know i felt that uh

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I felt that the users could get to this location by public transportation.

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And to confirm, on-street parking is available on Kensington Avenue and Deal Street, is that correct?

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Yes, I believe so, yes.

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And I just wanted to confirm, the proposed application and the units that are proposed,

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given the existing conditions of the building and the cost to maintain this building.

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The existing conditions of the building and the cost to maintain this building, is that the least minimum that's necessary in order for you to convert this to an act of viable use?

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Yes, it's already going to be a challenge at 16 units, but I can't imagine that we would be able to do less than that and have enough revenue to operate the building, especially considering that we have to purchase flood insurance.

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And it's because of its location near Frankfurt Creek?

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Yes, we are just far enough in the hazard area that we're required to purchase flood insurance.

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Thank you, Peter. I don't know if there's anything else you want to add, but I think at this point we can call Andrew.

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Andrew Cohn, again, is in your neighbor who attended the RCO meeting.

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He can speak to the letter he submitted to the board about that meeting in particular and neighborhood support generally for the project.

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No, I have nothing to add.

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Andrew, can you please raise your hand and identify yourself with the board if you're in the audience?

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Please raise your virtual hand.

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I'm looking for him right now, sir.

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Please raise your virtual hand if you're in the audience.

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The no-hands. What is the name again?

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My name is Andrew Cohen.

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C-O-H-E-N.

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All right.

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They've been about to speak.

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

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My name is Andrew Cohen,

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and I'm the owner of the

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house

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who connects to...

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Mr. Collins, do me a favor, spell your name for the court reporter.

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My name or my last name?

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Well, your last name is fine.

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Right.

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C-O-H-E-N.

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Right.

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

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Yes, sir.

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Only the truth.

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Yes, sir.

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Please proceed, counsel.

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Thanks, Andrew.

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Can you explain the property that you own in connection to this project?

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what a question where is your property located in connection in relation to this property

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yeah i have a couple of them the first one is right away attached to the project is 1549

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deal this is the first one the second one is the whole building uh the daycare 1550 adams avenue

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and I also own 1548 Adams Avenue,

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the Jefferson House, Thomas Jefferson House.

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And then I own the two properties in 1537,

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and it's two properties, 32 and 34 Adams.

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Also, it's fine.

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Basically, I have like five, six properties

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between Dill and Adams Avenue.

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Thanks.

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Are you in support of the project as it's proposed?

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Yep.

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I want to add, there was misunderstanding on the beginning.

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Somebody give wrong information, they're going to be halfway house.

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Peter is very honest, and he looked like me, like a businessman and a real estate guy.

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And we go with a tour, and me, I'm a licensed contractor.

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And that's what I do, real estate.

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And I support the project because Peter's goal and my goal is to have this area taken out of the drugs and make it like a fish town, like a good, good area.

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And we are on the way.

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If you pay attention, my buildings, I spend like millions of dollars in and around.

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So I have a huge, amazing daycare and Thomas Jefferson house.

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And we've got help.

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We have Peter.

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Can you concentrate on this property and not other properties he owns?

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Yeah, absolutely.

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Okay, thank you.

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Just to circle back, I think you're on so you can't see it, but I am showing the board a copy of the letter that you submitted regarding the RCO meeting.

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You touched on that a little bit about the confusion, but just to circle back, you noted in your letter that there was confusion about the vote specifically.

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Again, I couldn't hear you.

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Your letter to the board that you submitted, I'm showing on the screen right now, if you can't see it, just to orient you.

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Your letter to the board that you submitted, I'm showing on the screen right now.

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You mentioned in the letter that you submitted that there was confusion about the vote taken at the meeting.

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I just wanted to see if you could speak to that for the board.

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Yeah, it was very clear.

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The captain block was confused and everybody thought it was going to be a drug area and we don't support that.

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and when we figured out with peter they're going to be art studio and no drugs and no violence

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and going to be only positive stuff so we a hundred percent support the project because like

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i said our goal is to bring this area up to the next level in the next three four five years

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We want to take the drive.

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Based on those conversations, is it your opinion that the neighbors,

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those who attended the meeting and otherwise on this block,

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are in support of the project, in your opinion?

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A hundred percent.

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Yeah, that's why in a call yesterday, I go and we raise all my tenants

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and support it.

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I get all the signature, of course.

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So it's a fact.

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Everybody now support it because now everybody knows the truth.

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And the truth is they're going to be art studio.

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And everybody supports it right now, including me.

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Most of the property around the project belongs to me.

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And I'm the main one who should be concerned because I own the daycare, the big daycare.

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I own the Thomas Jefferson house.

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Of course, I'm concerned and I support the project.

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Thank you very much, Andrew.

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With that, I just want to summarize briefly for the board.

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Because of the existing conditions of this building, the denial of the application was

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and unnecessary hardship to the owner who purchased the property in its existing condition.

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The proposed development represents the lease minimum variance required to convert the existing

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building into a viable use and the lease modification of the use regulations for this

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based on the the minor addition that's being proposed we also don't anticipate any harm

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