civus
Hearing video

ZBA Hearing - January 26, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Jan 26, 20223h 58m

MI 2021-006037, 527-37 West Rod Avenue.

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This case was heard on the 12th of December.

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We're going to do this over so the proviso language is straight.

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So on this matter, I vote yes with seven pages of proviso.

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Harold Tenere, my vote is yes with proviso.

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Thomas Holloman. My vote is yes with proviso. James Snell. Yes with proviso.

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Ishmael Shaheed. Yes with provisos. Thank you very much. We're going to go to our main case.

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Our case MI 2021 003 554 1014 Haldeman Street. No exhibits first listing.

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Mr. Chair, the address is 1-0-1-5-4.

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1-0-1-5-4, Holderman Street.

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Chair, we have Augusta O'Neill with her hand up.

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with their hand up okay i'm sorry i was holding up my hand for the

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Okay.

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the 5028 frankfort avenue but i that was already granted so yes thank you so much okay

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otherwise i see no other hands here okay this is a key this is a continued must be tried

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MI 2021 003265 1224 Herbert Street attorney Michael Lambert first listing no exhibits that we see

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I see no handshare

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thank you this is continued must be tried

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MI-2021-000727, 2212 North 50th Street, no exhibits still. This is the third listing.

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Mr. Rogers, we're dismissing this case.

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My vote is to dismiss.

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Dismissed.

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Tom?

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Jim?

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Dismissed.

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Dismissed.

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Dismissed.

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Dismissed.

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Dismissed.

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Dismissed.

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Dismissed.

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I'm sorry.

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Thomas Holloman.

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That's okay.

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Thomas Holloman.

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Dismissed.

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Thank you very much, sir.

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MI 2021-002100, 2431 North 29th Street, Attorney Bricklin.

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No RCO letter from Strawberry Mansion, community concerns.

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Ms. Bricklin is coming in as a panelist.

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hello i'm waiting so could you could you could you spell your name please for the court reporter

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s-h-o-s-h-a-n-a the last name is brickland b-r-i-c-k-l-i-n i am the attorney for the

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applicant and i would like with your permission to have joined as a panelist mr patrick jones who

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will be um who has the packet and who will be sharing that screen so so let me swear you in

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first do you swear our firm to tell the truth the whole truth and nothing but the truth yes i do

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okay and we'll get patrick on the phone and then he's going to share the exhibit

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is that okay okay vice chair could you ask the attorney a few questions please sure

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Ms. Bricklin, do you agree to waive the reading of the refusal and stipulate to its accuracy?

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Yes.

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Have you emailed all the required documents in proof of ownership, tax compliance, refusal or referral,

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photos under plans of the property 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, I have met.

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I've submitted everything and we have met with the RCO.

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We do have a letter that came yesterday.

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I don't know why it didn't come to you.

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The other thing is that the tax clearance in your packet was some receipts, but we have

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since actually received the actual tax clearance, which will be in the packet that we share

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on screen.

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They are very slow at providing these certificates, and our applicant went down yesterday just

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to get it actually in person.

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Okay, thank you.

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and they proceed okay is mr jones available yet i i don't i don't see him

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hold on he i just spoke to him on the phone i i see him on the bottom i see him on the bottom yep

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mr jones could you share the um the packet and i will run through this very um as expeditiously

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as possible. Patrick Jones, I'm here now. I'll have to promote him to panelists. Just a moment,

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please. Okay. Do you need to be sworn in or no? Let's, let's, let's, let's.

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Mr. Jones promoted to panelists.

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Yes, Chair. I see him. I see him on there. Oh, thank you. Thank you.

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mr jones could you could mr jones could you state your name and spell for the court reporter

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yes sir my name is patrick jones first name patrick p-a-t-r-i-c-k last name jones j-o-n-e-s

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you were swear or firm to tell the truth the whole truth and nothing but the truth

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you were swear or firm to tell the truth the whole truth and nothing but the truth

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yes chair

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yes chair good counsel thank you this is a um an application for a variance on a property

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at 2431 north 29th street it's currently zoned rsa 5 single family attached it's 22 22

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square feet with a 10,088 square foot lot. The proposed use would alleviate the hardship caused

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because of the single family designation in the most mere minimal way, as the variance would

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permit the property to be used as a three family dwelling, utilizing the entire building without

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hazard to the surrounding community and natural environment. I'm going to run through the first

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exhibit is the refusal. The second is the appeal to the ZBA. Third is the project for information

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form. Four is the deed. The applicant is, I should just put on the record, RNL's living proof LLC.

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The owner is Mr. Robert Johnson, who, by the way, is a there's the tax. There's the tax clearance. Could you hold up for a second, counsel, Mr. Jones? The applicant is a local businessman in the day in the community, not in 250 square feet.

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So he's been there for about 10 years.

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Continue, Mr. Jones.

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We have the certificate of mailing in exhibit six

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and the letter to the near neighbors in exhibit seven.

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the letter to the RCO in Exhibit 7, the photos. This is the front of the property. You can see

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the blue notice posting in the front of the property. Exhibit 9 is the exterior side of

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the property. And Exhibit 10 is the exterior side rear of the property. Exhibit 11 is the

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rear of the property. The variance also asks that the third floor be brought, have an addition to

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to break them, to bring, stop, Mr. Jones, so that the, so that the partial, the property will be

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equal height on each, on each floor. Continue. Number 12, this is the interior of the first

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floor. This is as far as we could get in the, in the building because much of the building is too

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dangerous to go inside at this point. The next one is the site plan, which, and go to the next

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one, which is, and then that'll be the, this is the plan. The plan is to have five apartments,

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one bedroom on the first floor, no, three apartments, one bedroom on the first floor,

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and then the second and third floor will both have two bedrooms.

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And then we have a petition from the near neighbors. This has 10 signatures on it, and the next is in support of this variance. The next one is a mapping of the actual addresses in relation to the property of eight of the 10 supporting it.

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They're right there on the neighbor, and either in the same block or right onto the rear of the block.

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Next slide.

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And finally, we have a market analysis of the properties in the area from a local realtor.

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Just the zip code in 19132 has a medium household income of $21,600.

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The current real estate market has undeveloped properties of similar size within single family use,

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being sold at a maximum of $2,9,000. If any property in the vicinity were renovated as

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2431 needs to be done, the selling price as a single family would eliminate many folks from

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living in the area because it would be too expensive for them to buy.

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Next slide. And finally, that was the map of the properties with the real estate comparisons. And then finally, in 2021, this board granted a similar variance for another property down the street, 2355 North 29th Street.

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Next, next slide. And finally, the proposal, that's the, that was the.

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I would like to add that the property, as you can see, that was another picture of other properties that have been multifamily uses in the neighborhood.

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And there they are mapped to show you the vicinity of them in comparison to the applicant's property.

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this property by the way is an eyesore it and is in desperate need of renovation um and the how and

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and would if renovated appropriately would offer housing opportunities to the residents of the

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neighborhood um we which and at this point the building is in such decrepit condition that it

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It does provide a hardship to not be renovated and to be available to neighbors for possible housing opportunities.

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I think that is it.

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If people from the board have questions, and I would.

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Is the owner with you?

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I'm wondering, is Mr. Johnson, Robert Johnson on the call?

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i don't have him here he he may have had a conflict

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yeah i would be happy johnson mr johnson is on the call if he could raise his hand okay great

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can you hear me we can could you state your name and spell it for the court reporter sir

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robert johnson r-o-b-e-r-t johnson j-o-h-n-s-o-n right do you swear affirm to tell the truth the

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whole truth and nothing but the truth yes i do thank you mr johnson did you hear the testimony

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presented to the that i presented to the board today yes i did i just would like to add that

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there that we did pull the makes it make safe permit so far to do the front uh we're still

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waiting on um for it to come back so we can start thank you uh is the is the testimony that i

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presented true and accurate and would you adopt it as your own testimony yes i would thank you

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very much questions from the um the board questions from the board please no mr chairman no mr chairman

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no mr chairman did you show the uh rco letter i i'm sorry uh i do i have a copy of it we did

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not show it we just got this so so but let me ask you this what's the results what what does

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it say the rco um opposed this by a vote of five residents and three rcos opposed i should point

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out that we had a petition with eight residents actually nine or nine or ten residents but

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at least eight on the map supporting this say that again but what was the rco was the vote for the rco

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it says it says five residents and three rcos opposed

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and who is the letter from the letter is from uh benita cummings zoning committee of strawberry

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mansion community concern we do not know where these other rcos are are they're not listed in

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here on this letter um and they believe they believe that this utilization creates excessive

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density and i don't know what else to say about this other than that they think that um well could

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you do me could you just beam we don't have it here could you read the letter to us would that

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be possible okay dear chairman bergman in support of the community position strawberry mansion

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concern community concern is in opposition to of the proposed use three family dwelling units

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multi-family household living for the following reasons one utilization utilizing the building in

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a manner that creates excess excess density excessive use of building two no demonstrated

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hardship. Three, no exterior or interior drawings presented at zoning community meeting

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to show improvements that meet with the 2035 plans of community concerns of upward mobility

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and forward movement away from bad building or living designs for a community. Your attention

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away from bad building or living designs for a community your attention to this zoning matter

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into this zone.

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and your support in our up in our opposition is appreciated and then they have do you need

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the summary of the report here mr chairman yeah i hear you thank you for thank you for reading that

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to us i do have the report if that's helpful go ahead uh it says dear mr dear chairman

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Bergman, below is a summary of a public community meeting held regarding the above reference

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zoning proposal. Petition commit taken by community is, okay, the letter under separate

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cover attached. Vote in accordance with Bill 170285. Every resident or property affected

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attending meeting within 250 feet were. Attending meeting held by Zoom. Five residents and three

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RCOs opposed. Date of the meeting was October 11th. Location of this meeting was Zoom. And

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this is also signed by Bernita Cummings Zoning Committee. We just got this yesterday and

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and we submit in light of this is our in light of the the the near neighbors that we that our

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applicant contacted that they are in support of this of this project as as as beneficial

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to the community and their needs thank you thank you very much any comments or questions

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from the virtual audience yeah we have mary jones sure

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good afternoon hi miss jones could you state your name and spell for the court reporter please

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yes uh mary jones m-a-r-y-j-o-n-e-s from council president daryl clark's office

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you swear a firm to tell the truth the whole truth and nothing but the truth

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I do. Thank you.

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Proceed.

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Well, two things.

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I do have a question, and I wanted to see if any other members of the community were there.

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I spoke with the RCO, and they said that there were near neighbors in attendance, but I'll cede that point to them if they're available to speak on their own behalf.

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But I had a question about the presentation where the council stated the median income of the area.

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And my question is, if you were given this variance, what price point are you expecting to put these units at where someone with an income of $21,000 a year can afford it?

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I do not have a complete answer to that, but I do know that if this was sold as a single family dwelling, no one in the community would be able to afford this property because it would have to be renovated.

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the sale price would be an upwards of $400,000.

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We believe this has the best opportunity

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of providing real housing opportunities

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to people in the community.

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But how are you guaranteeing the affordability?

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I'm sorry, Chair.

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This is Tanya, the administrator.

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Yes.

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It's not a zoning discussion.

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Right.

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Regarding-

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Okay.

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Thank you so much, too.

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All right.

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Mary, are you going to take a position on this?

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We like to support the community.

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The RCO has affirmed to us that the RCO vote was, excuse me, reflective of what the community felt.

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But we will, I'll just cede that decision to you.

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but also just commenting that the council did bring up the median income and price of housing

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as a reason of hardship. We have that. So that's, I was just pointing out.

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I understand. So what I'm going to do is let's see if there's anybody else in the audience,

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then we'll go to the planning commission. Anybody else in the virtual audience

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have comments about this?

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Chair, we have Strawberry Mansion Community Concern.

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Yep.

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Hello?

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

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