civus
Hearing video

ZBA Hearing - August 13, 2025

Philadelphia Zoning Board of Adjustment (ZBA)Aug 13, 20256h 43m

And then the final refusal has to do with bicycle parking.

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While my client cannot comply with this refusal, they are looking at U-bike racks to be placed in front of the properties themselves, and I think that would add that value for that refusal.

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All right, so as the chairman stated, we have unanimous support.

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It's a well-attended meeting.

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We have 13 in favor and zero in opposition.

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I think they're really excited, hopefully, now to get back on track to put some residential use at this property.

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And then as we don't have the letter, but my understanding through the chairman is that there's a letter of non-opposition from the district council member.

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So if you look at, you know, this aerial view, it's in a regular shape lot.

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Again, here's Germantown, here's Dauphin Street, here's North H Street.

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This is where the quadplex is going to be, and we'll look at that.

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And then we have 10 triplexes all facing, excuse me, nine triplexes all facing North H Street.

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and then this is just an aerial view just you know we got from atlas kind of see where we are

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in the neighborhood and then zoning map again you have the split zoning so you have the cmx2 zoning

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on germantown it looks like a little bit of cmx2 around here and then there's i2 right in the

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middle so it's interesting there is some i2 is here there is cmx2 here this looks like

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There is CMX2 here. This looks like it's just straight residential here, and there's really not much going on at all, you'll see from the photos, on Germantown.

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it's just straight residential here and

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And then these are the photographs from 8th Street, from the front of the property on 8th, and then because we had three public, we were facing three public streets, we have a zoning hearing poster for each of those public streets.

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and then this property has been vacant for some time or vacant land for some time and this you

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know goes as far back as 2016 according to uh google street view and then this is uh or the

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side of the property from dolphin street and then the rear of the property from germantown

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and then here are plans and drawings um according to my notes uh these properties the height of the

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buildings are 38 feet high, which fall within the CMX2 zoning. And again, you know, flat building

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facades, brick facades as well, trying to change up the roof lines to make it a little bit more

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architecturally interesting. And again, Rustin from Harman Deutsch can talk a little bit about

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that. Just a different way of looking at the renderings. And then this is Germantown, the

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quadplex right here. This is the front. This is the side. And then this is from North 8th Street.

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Again, nine triplexes. And then this is just some contextual drawings that were prepared by Harman

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Deutsch from a site perspective, similar to our photos. And then this is just a site plan here

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again here is the quadplex on germantown here are the nine triplexes on north 8th street

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and that this is the elevations um you know we we go let me just make sure i'm accurately stating

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this we we are three feet out of the ground from the basement and then we're six feet in the ground

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from the from the street downward so it's nine feet you know the basement's nine feet

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And then these are the floor plans for the triplex. So you would walk in into the first floor and you would eventually come into unit number one, which is a bi-level, which is a three-bedroom, three-bath.

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a little bit different than what you saw for the 39-unit building that was previously approved.

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I think the community really appreciated that we had three bedrooms there

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because to account for families and such. Also, I know it's not something that's enforceable,

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but our rental rates are in line with 60% AMI, just so the board knows that as well.

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But, you know, you go into unit number one, you see it's an open floor plan, there's a kitchen, there's a living room, there's a few bedrooms, there's a bathroom, you go down the flight of steps, and there is, I think, one more bedroom, living area, and more like an office area.

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something that we did focus on because we know that the board really cares about how the base

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how the basement use is being used from an egress perspective there is a separate set of stairs

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going down you know out you know so steps not like an egress well so that was very important to the

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to the community and i also obviously being in front of the board so much i know that that's

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been something that's been the focus of the boards specifically the last few months instead

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of going unit number one, which is a bi-level, you go up a flight of steps, which is unit number

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two, which is a two-bedroom, one-bath. Again, open floor plan. You have a living room, you have a

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kitchen, you have a bathroom, and you have two bedrooms. And then unit number three as well

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is also a bedroom, one-bath. And then instead of the triplex, we have the quadplex.

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and here you it's a little bit different there's two sets of bi-levels but you have

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you know coming in unit number one which is a bi-level all these are one bedrooms these are

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all one bedrooms but we need that density in this quadplex to make the project work

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so again while 39 units didn't work 30 units don't work either so it's like we're trying to

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balance that off but this is a you know a you know two by levels first floor and lower level

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and then you have going up to the second story and third stories you have a unit here as a by

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level and the unit here is a by level and there is a set of steps for the rear unit to get directly

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out you know from a set of steps here's our rco meeting notice for june 18th proof of email of

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Proof of email of that notice a few weeks beforehand to the relevant parties, such as the coordinating RCO, the district council members, only aid and such.

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that notice a few weeks beforehand to the relevant parties such as

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Again, we mail that notice to 125 addresses.

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Here are the addresses we mailed it to.

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Proof of mailing to those addresses.

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Our application for appeal that we filed on behalf of the property owner.

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The deed to the property showing that my client owns the property.

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and then finally, the certificate of tax

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clearance, showing that we don't

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owe any money. With that being

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said, I'm going to unshare my screen, and I

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would ask that either Igor or Nathan

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virtually raise their hands, and then

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again, we have Rustin, if you have

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any architectural-related questions.

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We see the hands.

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Chair, I see no hands at this time.

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Just a minute, Chair. Igor just put his hand

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up. I'm going to promote them to panelists. Thank you.

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Mr. Gitterman, please accept the request to be promoted to panelists.

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Thank you.

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sir could you please state your name and spell for the stenographer yes sir my name is igor

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igor last name is gitterman g-i-t-e-r-m-a-n you swear or affirm to tell the truth the whole

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truth nothing but the truth yes i do please proceed counsel uh yes igor you heard everything

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i had to state today about your zoning matter yes is it true and correct yes and do you adopt

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this your own testimony yes i do thank you questions from the board can you go back to

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the section i kind of you kind of went through it pretty quickly so you're you're three feet

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above grade to the first floor and then the ceiling guy in the basement is nine feet is that

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what i heard it's six feet below grade i'll i'll expand that out a little bit let me

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you know i saw somewhere here

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oh here it is i think these are for the triplexes right here so as you can see we are this says six

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feet like above here but we're halfway there so we're three feet above grade and then i know i

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saw somewhere where it said six feet below i was looking at this let me see

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and maybe if rustin who's on line can kind of confirm that as well i know oh and by the way

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here's the quadplex too kind of showing above grade so this indicator is six feet and halfway

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way there is three feet to show above grade i know there was another spot where it showed six

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feet below i'm just trying to find out hi board how are you good good uh rustin oler harman

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architecture you do me if you ever state your name again spell for the stenographer sure rustin

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oler uh first name r-u-s-t-i-n last name oler o-h-l-e-r of harman deutsch oler architecture

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do you swear or affirm to tell the truth the whole truth nothing but the truth i do

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alan do you want him to start yeah yeah uh rustin you know i know i saw it before the hearing

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where i heard the question um yeah so we don't actually dimension that on the zoning drawing

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because zoning deals with above grade not below grade uh the six foot dimension you see in the

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rear that Alan was pointing to in the section is for the fence height. So the first floor is about

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three feet to three foot six out of grade. We will have, depending on geotech soil conditions,

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we try to have nine foot in the basement as clear ceiling heights. It'll be eight to nine feet of

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basement ceiling height at a minimum. And then as Alan mentioned, we do have a code compliant

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walk out stairs from each building's basement as well in the rear to the rear yard yeah in the

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rear so that i like that in the rear that's good it'd be good if you were just below grade

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five feet as opposed to six to seven feet

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we also have to balance the streets department approval so we try to raise the buildings out of

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great as much as we can in compliance with the streets so as part of our technical approvals

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for the psd checklist too we will attempt to do that but we have to balance the what how many

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how many stairs the streets department will allow to raise the building out as well.

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stairs the streets department will allow to raise the building out as well so

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So we will try to minimize that. Yeah. So reduce it to five. You're good.

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All right. We will work. We will work on that throughout the construction document process.

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I think that's I think that's the answer. And then on your floor plan, you that I don't know what it's not the not the quadplexes,

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But I guess the triplexes, you've got that room in the back and you've got the egress out.

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Is that a door there or what is that?

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At the moment, so window, we've gone back and forth about whether it becomes a door or window.

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There's no issue with putting a second door there.

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If that's something the board wants to see, we can definitely commit to doing that.

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Yeah, that would be preferable because other than that, you're forcing folks to go out of a bedroom into the yard, which is a big concern.

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That's not a problem. We can commit to doing that.

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Okay. All right. Those are my comments.

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My question is about just trash.

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Well, because this is 31 units, even though they're separate, we're required to have commercial trash pickup.

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Where's the trash going to be stored there? Well, the trash on the first unit on the first floor for the first floor in the lower level, it'll be stored in the rear yard.

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And then for the upper floors, I believe there are trash closets there.

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Yes, it is. There's a dedicated trash closet. It'll be vented and conditioned in each of the upper units.

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Thank you.

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One other question is you said something about the bikes that you're going to try to address that.

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so we've agreed with the community group to provide u racks on the street um so we'll work

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with the streets department to get as many as we can approved around the site so that they're

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secure bike locking outside of each building um other questions questions from our attorney

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hillary emerson not at this time mr chair questions or comments from the virtual audience

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hi could you please state your name and spell for the stenographer yes can you hear me i can

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okay hi board and uh and board members my name is ahmed a-h-m-e-d apologize my device does not

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have a camera all right do you swear or affirm to tell the truth the whole truth nothing but

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the truth? Yes. Are you a neighbor? I am here as a Protestant and a grieved party, and I'm also the

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most affected by this development. Okay. Chair, pardon me. This is the court reporter. Could I

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have the witnesses' full name? Yes. A-L-M-A-S-H-H-A-D-A-N-I. So as I was saying, I have the

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most vested interest due to proximity and special use classification. I barely made it to this

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hearing today uh basically to start from the beginning this original plan was submitted

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during the pandemic it was rushed through no one was paying attention okay um from my own rco they

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tell me this is the property from hell uh what happened was uh i originally was objecting to the

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size of the property and i thanked the board that you were able to stop that due to the height which

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would have caused a lot of problems for me uh but the main issue was that uh when these notices were

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quote-unquote sent out our post office here locally has some of the worst service in the city

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they use overtime mailmen and a lot of the mail does not get delivered uh so i barely get any

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notices and all of these quote-unquote 160 parties that were alerted barely are noticed and i never

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even knew due to no frontage signage that there was a change in the main building plan to the

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next one now that's just to start uh basically uh there was a building here originally that was

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attached to my property and that building collapsed and since that time happened my wall

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has been exposed my brick facade wall has been exposed damaged with the sprinkler line severed

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now the previous owner was supposed to settle this matter with me and instead at the last minute

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during the pandemic he sold it to this party without telling them the liability involved

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In addition to that, the properties, if you look at the plan, it's directly adjacent to mine.

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I mean there's no room for my sprinklers or anything.

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There's a door there.

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There's a garage there.

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There's no gap.

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So at least one of these triplexes can't even be built.

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And in addition, there's also a tree on that back lot that faces Germantown that has poison oak that is so strong with the branches.

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It's been grabbing my wall, destroying it, destroying the corner of the structure.

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causing temporary repairs and at no point have I been able to contact them to deal with any of

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these issues. So besides the wall damage and the structural damage and the...

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So besides the wall damage and the structural damage and the connection for the sprinkler that has never been restored, there's also issues with the parking, which as far as I know has not been changed or resolved.

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Now, this attorney recently just mentioned that there was no commercial on this street, which is unbelievable because to the casual eye it would look like that.

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I mean there's a reason why the street is commercial. The whole street on one side is a complete demolition yard who actually just rented half of his to another demolition yard. And this company during the day in addition to the mechanic shop on the other side of me, they have tow trucks and semis and all these big trucks that come at all times. And they're towing and trailing other semis that take up the whole street.

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So one side of the street is not even available for parking.

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And the neighbor also just put up no parking signs everywhere on that side.

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And so if you actually calculate the real – I mean I went to architecture school in the city.

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So I can tell you that the only amount of parking available is directly in front of the property on both sides.

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And that's it.

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I mean maybe half or 10 to 15 spaces max.

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And yet they're jamming as much as they can into the street when it's not even a residential street.

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So they're going to completely change the zoning code, and it's going to adversely affect the neighborhood. It's completely inconsistent. So this prior denial for the parking density and compatibility, as far as I know, is still unchanged and now worsened by another construction tenant.

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So I'm trying to just go through all the issues here because there's so much, but ultimately, I have procedural concerns about the RCO approval process being improper.

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The notices that they sent out that they showed you on the live stream, it was clipped in the actual mailings, cutting off the link.

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I had to barely find the link at the last second to attend this meeting.

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When I have the most vested interest, I have not received proper service at all.

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um and uh the the biggest glaring issue that i think nobody understands including the rco

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is that there the city has something called like a master plan or something and there's a district

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in the north that i'm a part of and in that district there's only two properties that has

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an amusement classification the property used to actually be a famous african-american club

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that started the breakfast club and a host of other things and by allowing this to continue

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it's going to negatively impact my use and the economic value of that amusement classification.

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There's only two properties in the whole ward that has that classification and the other one

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is owned by Temple. So, you know, my specific interests with that and are at risk and in a

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materially unique way. And I'm just asking the board to postpone and or deny this to allow for

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proper legal representation and a chance for the applicant to maybe even settle these matters

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directly and hopefully outside his court because I'm interested in a swift resolution. I want my

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wall repaired. You know, I want all these things reconnected. And this seems to be a common issue

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with new construction in the city. Okay. Thank you. And Ms. Nockms, do you have any questions?

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No, but I just want to respond to some of the assertions. So first of all, this is the first

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we've heard of any issues regarding the next door neighbor. As the board saw, we had unanimous

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support with the community um there is a building permit for 39 units uh for an apartment building

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um so what we're trying to do is have an effective project with 31 units um as far as you know the

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notices and the issues with notices being mailed to parties all i can tell you is our office sends

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notices out we tried to do it two weeks beforehand we know there's an issue with the post office not

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about not getting delivered just taking a while but we thought that we think that two weeks is

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more than enough time before a community meeting to make sure everyone gets their notices i can't

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