civus
Hearing video

ZBA Hearing - January 24, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Jan 24, 20246h 48m

Next.

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This is really

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just a diagrammatic elevation from the south. These are the broad facade. The brownish color

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is the existing building. The dashed elements are obviously windows that would be added to

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provide light and air to the tenants' bases at all seven floors. The white portion is the proposed

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seven-story addition. So again, obviously very similar in scale, composition. There is an existing

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elevator and stair that serves the existing building with a bulkhead that's shown here on

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the left. Similarly, there would be a new stair and elevator to provide the required number of

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exits, meaning egress stairs, to all tenants at all floors. This diagram is to indicate

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the proposed so the pink really is just conceptually the stairs and elevators

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You can see there that at the diagram below, if we were to meet the letter of the zoning code, coming in below the 60-foot allowable height, that the top two floors in the existing building, which are currently non-code compliant, would remain non-code compliant.

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you can see there that at the diagram below if we were to meet the

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there would only be one egress stair and the solution to that was to match the heights and

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again have two means of egress for all tenants at all floors which are shown in the plan diagrams on

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the next page so on the left is the existing ground floor and there again the pink is the

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stair that serves all floors. There's only one stair. There's a large freight elevator. Both of

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those would remain. The dashed lines are the warehouse and the single story to be demolished.

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On the left, sorry, on the right at the top is the proposed floor plan. So again, a new stair

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and elevator core in the proposed addition. This would allow for the top two floors, level six and

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seven to have two means of egress if you were not to have it um if the building addition were

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to be five stories the top two floors of the existing building would be not non-code non-code

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compliant as shown in the plan on the bottom with only one stair

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thank you clementa these are sun shading studies uh and these are done in the software that output

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accurate shadows given the sizes of the buildings you'll see that the figure of the property line

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outlined in black and this is showing three times of day at three times of year really four times

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of year so the vernal and autumnal equinox the summer solstice and the winter solstice this is

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just to track the extreme cases of shadows on the left is if the addition were to be five stories

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on the right showing if it were to be seven stories so nine images for the five stories

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nine images for the seven stories we'll zoom in in a bit the takeaway as you sort of look as you're

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looking at all of these as clementia mentioned previously um the majority of the shadow at

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almost all times of day at all times of year is cast across the um parking lot of the property

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itself obviously the in the winter as we all know longer shadows are cast um you'll see down there

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actually i guess so you can go to the next slide clementa zooms zooms in on just the the winter

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scenario the five stories version is at the top the seven stories version at the bottom uh there

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is some shadows being cast on the post office across germantown ave and the nazarene baptist

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church which are in support of the project um in really winter early morning um really winter

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early morning uh and as you can see really there's not much difference between the five story and

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seven story in terms of shadows cast uh really the place it's most evident is midday uh the noon

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you can sort of see the outline of the you know the building steps down but again it's impacting

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only the the parking area of the property itself um of note um the residential properties along

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kerbaugh street which are to the south of the building are not impacted at all by shadow and

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light since they're south of the building um and uh the what was zoned is rsa5 to the east of nice

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street you see at 3 p.m whether five or seven stories that shadow is being cast into the parking

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lot zoned residential but owned by the church and used as a parking lot thank you harris and

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if you could also just highlight the matter of the code requirement for the seven stories and

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which portion of the code requires for us to have multiple means of egress and thus why the variance

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is necessary. Thank you, Clementa. Yes, that's required by section 1006.3.3, table 1006.3.32,

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which requires more than one exit for buildings of three stories or more. Thank you, Erin.

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So we did provide notice of the meeting, as you will see here. Our office sends out this letter

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on december 27th well in advance of the meeting that was held on january 11th and was well

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attended again the refuges that we have are in relation to the roof set which we believe is

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necessary as a amenity for tenants in order for us to revitalize the germantown commercial corridor

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amenity for tenants in order for us to revitalize the Germantown Commercial Corridor and compete

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and compete with

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with similar properties that offer tenant space. We also have the signage, which is framed by

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the arches. We want to have minimal impact on the existing structure. We really want to honor

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the building as is. We have a refusal for the height. As Harris mentioned, we would not be

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able to move forward to bring the property up to code without this particular variance being

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granted as there are issues with the property currently with multiple means of egress. So in

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order for us to be code compliant, we do need to match the height. And we have our refusal for

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off-street loading, which is a byproduct of the fact that one, the property is zoned IRMX of use

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that we are proposing here although it is permitted in irmx and the refusal for the off-street loading

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we do not need four off-street loading spaces we do have longages in the rear along 9th street and

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instead of providing three additional off-street loading spaces we decided to prioritize tenant

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parking which is why we are well above what's required i believe around 50 are required on

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Friday well over 100 parking spaces a list of the properties that weren't that notified of the

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community meeting our certificate mailing showing that we sent notice out to all of the affected

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properties the application for appeal our project information forms and the deed showing that my

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client does in fact own the property so with that i believe my client is present if i could have

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ken included as a panel so he may have got my testimony

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ken weinstein yeah he's been allowed to speak eric could you please state your name and spell

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for the court stenographer ken weinstein k-e-n-w-e-i-n-s-t-e-i-n of philly office retail

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

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i do please proceed counsel right um thank you very much oh go ahead

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of course did you hear my presentation for that yes was it true and correct it was

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And if you could just elaborate on the reason that you guys acquired the property and the proposed use.

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Yes, we acquired the property a couple of years ago and have been using it, continued use of the commercial tenants that were in there.

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But we would like the seven-story addition in order to do this legally by building code and offer 110 studio spaces in the building that will range in size from 156 square feet to 1,045 square feet.

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Thank you.

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and with that i'd be happy to answer any questions that the board may have questions from the board

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no chairman questions or comments from our attorney hillary emerson

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just briefly mr chair um we did not receive the letters of support from the church or from

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tayoga united so if miss amazon could please forward those at her earliest convenience that

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would be great. Thank you. Absolutely. We received them after submitting our material, so I will

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submit them to Ms. Emerson. Questions or comments from the virtual audience?

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Chair, we have Carmela Vassar-Johnson. Okay.

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Hi. Hi. Could you state your name, please, and spell for the court stenographer?

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My name is Carmella, C-A-R-M-E-L-L-A, last name Vassor Johnson, V as in Victor, A-S-S-O-R hyphen Johnson, J-O-H-N-S-O-N.

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

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I do.

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Are you a neighbor?

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I am in an organization that lives in this neighborhood.

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Please proceed.

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Okay, I am a founding member of Jumpstart Tioga. We provide education and support for new and smaller developers with the focus on removing blight in the neighborhood and to improve our neighborhood and surrounding areas.

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We're in support of this project because of where this property is currently located. Right now, there are a lot of automotive type businesses.

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Right now, there are a lot of automotive-type businesses.

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This project would provide opportunity for startup businesses, for people to move their businesses out of their home into another facility, and also for business to expand in their own neighborhood without having to find a location elsewhere.

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The fact that there's so much parking provided, I think, is a huge bonus to the tenants as well as the neighborhood.

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And the rooftop deck, in my opinion, offers a place to refresh as you're working through the day, which often is found in other neighborhoods.

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And there's no reason, in my opinion, that we should have to go outside of our neighborhoods to find that amenity, as well as a place of potential content and other tenants in which they can network and expand their business.

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So we wrap our arms wholeheartedly around this opportunity for this project.

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Thank you for taking the time to call, sir. We appreciate your input. Is there anyone else in the virtual audience?

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yes chair we have a calling user phone number ending at 4608 okay

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calling user ending at 4608 please unmute

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yes um i believe i'm unmuted now okay sir could you state your name and spell please for the

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court stenographer?

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Charles Carn.

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C-A-R-N.

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Do you swear or affirm

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to tell the truth, the whole truth, and nothing but the truth?

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We're all firm.

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Do you live in, are you

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a neighbor?

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I am the 13th Ward

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chairperson, and I live in the community

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for over 45 years.

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Please proceed, sir.

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Good day.

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Good day, board. Couldn't be on

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the laptop, but I'm here. I want to commend the owner for purchasing the property. When we did

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have the meeting, we wanted to try to stay focused on the refusals rather than the program itself.

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So the petitions that were shown to us were from people who were not directly affected

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or within the 13 Ford area around that property on Germantown Avenue.

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So to get to a couple of points that we discussed,

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and it was a lengthy meeting and well attended by the directly affected 13 Ford,

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Nice Town, CDC, and the block captains of Nice Town.

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Sir Wright, if you looked at the, I know we had the exhibit of the pictures of the lot that Nazarene's on.

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No one from Nazarene logged on at the meeting time.

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No one from, so we were looking at the parking lot for one.

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Parking lot behind that is RSA 5.

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If they sell the parking lot, it goes away.

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Carball Street and Knight Street are the streets directly behind the property itself.

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They are RSA 5 and occupied.

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But we also looked at the existing property that was on Germantown Avenue, the seven stories.

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And the shadows, and I don't know where that study came from.

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It was not at the presentation at all.

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It's the existing building casting a shadow towards Ninth Street, which is behind it.

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We thought as though if you put another seven-story building behind there, it's going to cast a longer shadow.

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So we did not see that.

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directly affected were there.

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The petition folks, we talked about it.

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That came out of the one nine one four zero.

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So they were all over the place like the person who called in just a minute ago.

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What we were trying to do as the 13th Ward is maintain those two blocks,

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the nice, nice street and cabal as RSA five districts.

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And a reason for the refusal.

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um this is a existing building and they're proposing to add on another seven-story building

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the refusal says up to 60 feet we support the project and to the limitation of 60 feet and um

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i guess we got pushback um on that so the um that was one of the issues and

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degress the building we felt as though that they're building a unit so it should no way

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be out of compliance with any type of building and they can still have their um as many um units

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in the building itself um the hardship um it was never voiced that it was a hardship to go down to

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voiced that it was a hardship to go down to 60 feet. It's just that they wanted a certain amount

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60 feet. It's just that they wanted a certain amount.

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of units in the building itself. The parking itself is, as they said, is contained within

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the gate. It's always been there inside the fence area. The roofing was an issue

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from the meeting. It was voiced that it becomes a gathering place rather than

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whatever they were looking for there so we felt as though we could um because it's a reason for

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the refusal to stay within the guidelines this building 30 39 35 to 61 is the only seven-story

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building in the area this is not 1901 11th street wherever that's located but this is right within

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nice town area there so the um coordinating and affected rco nice town they were online

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the block captains of nice town were online and only two of the directly affected were

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online there and that's why we sent it in we support it we support in the program the jump

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start um that was most of the folks who did not live in the area but we do support the project

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itself with proviso for the second the second building that's proposed to stay at 60 feet

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and to eliminate the roof decks

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i can answer any questions you want sir

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if the board doesn't have any questions may i respond what's that again if the board doesn't

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have any questions for mr karen may i respond yes sure well why don't why don't we do this

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why don't we wait to see if there's anyone else in the vertical in the audience okay

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is there anyone else in the virtual audience

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yes chair we have someone williams to shine first name begin with a d okay

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hi could you state your name please sir hi this is uh dashonda dr dashonda williams d-e-s-h-a-w-n-d-a

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Last name Williams

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W-I-L-L-I-A-M-S

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Do you swear or affirm to tell the truth

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The whole truth and nothing but the truth

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Yes sir

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Are you a neighbor

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I have an organization

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My church actually

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One of the pastors of the church in

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Nice Town

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Sure please proceed

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Yes

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I came on today

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As a support for this project

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Just wanted to

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shared the highlights in reference to what it can bring to our community, not just to our community,

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but to those who live in the community. I understand that there's things that need to

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be discussed in reference to building and hiding, et cetera, et cetera. I just know that hoping that

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we can come together to see that whatever needs to be done can be done because this is really

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needed for our community there's a lot of individuals that look forward to advancing

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and have an opportunity to you know have residence there in terms of entrepreneurship work we're

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working to empower and encourage people at our fellowship to seek out endeavors like this and

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to have something like this in our community is really really great and it's awesome and so

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i'm just here to show support on today thank you thank you for taking the time we appreciate your

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call is there anyone else in the virtual audience yes we have ariel rivera how many more hands do

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you have three hands after this person okay hi could you state your name please it's spelled

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for the court stenographer yes can you hear me okay i can yeah okay my name is ariel rivera

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