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Hearing video

ZBA Hearing - January 25, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Jan 25, 20234h 58m

Can you please unmute yourself and wait for the chair?

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State your name, please.

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Yes.

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can you can you unmute yourself you might be on mute

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she's been unmuted hi could you state your name and spell for a court reporter

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miss malad

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counselor you're an officer of the court we will take your testimony questions from the board

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No, Mr. Chairman.

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No, Mr. Chairman.

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No, Mr. Chairman.

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Questions or comments from the virtual audience?

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I see no hands, Chair.

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Hi, Planning Commission.

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Thank you, Chair Bergman and Board Members.

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David Fechtow with the City Planning Commission.

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The comprehensive plan recommends no change to the commercial mixed-use zoning at this location.

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the applicant has shown that the proposed assembly and entertainment will have no more of an impact

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than such a use would be expected to have the city planning commission recommends the board grant the

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special exception for assembly and entertainment thank you um mi 2022 mi 2022 004 812 140 west

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roosevelt boulevard i vote yes for temporary special exception to expire 2-1-26

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thomas holliman my vote is yes with proviso

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james snell my vote is yes with proviso

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my vote is yes we're proviso thank you council thank you all right number six MI 2022 004 811

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6027 to 29 vine street henry clinton is the attorney recommendation of support from

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hmc square community association mr clinton is coming back and is a panelist now chair

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good afternoon mr chairman members of the board council you've already been sworn today could

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you just state your name for the record henry clinton c-l-i-n-t-o-n and who could you identify

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your client in relationship to the property sure my client is brian phillips he's the owner of the

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property, and he is on the call. Okay. Ishmael Shahid has just a few questions for you.

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Good afternoon, counsel. Do you agree to waive the reading of the refusal and stipulate to

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his accuracy? I do. Have you emailed all of the required documents that were needed

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for this here in five days in advance of today? Yes, we have. Thank you. Please proceed to share

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your screen thank you mr she is that visible mr chairman it is that's fine uh good afternoon

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henry clinton again for the applicant brian phillips concerning 60 27 and 29 vine street

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this is the presentation package uh containing exhibits aa through a10 which i asked to be

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admitted into the record. Refusal. This property is on a corner. It's zoned CMX1, but because of

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the strict reading of the code, it indicates that if a CMX1 property or any property is abuts an

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RSA5 zoning district, then the more restrictive of the zoning code, which is RSA5, what a

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then the more restrictive of the zoning code, which is RSA-5, would apply.

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Historically, this has been a commercial property since the 30s.

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It housed a club as well as an office, and I have those records to show you at the end of my presentation.

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As the chairman mentioned, we do have a letter of support from the RCO, HMC Squared Community Association.

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and they've even given a letter of rationale as to why

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that we have unique physical circumstances.

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We have physical conditions that do not permit the strict conformity

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with the zoning code and that the use will not alter the essential character

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of the neighborhood or permanently impair the appropriate use

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or development of any adjacent properties.

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Some aerial photographs to give the board some perspective.

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These are the properties at the corner.

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As you get a closer view, you can see they once were a commercial use.

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Again, there used to be a club on the first floor.

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And as I understand it, office is on the second floor.

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I've not been able to find out how long it's been vacant,

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but it certainly seems like it's been vacant for quite a long time.

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And the neighbors in the neighborhood are happy that someone's going to

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basically revitalize this corner.

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This is another photograph just looking down the other side of the building.

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A close-up indicating the...

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So basically, these are the plans. We're not going to enlarge the footprint.

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We're not going to increase the height. We're going to restore the cornice. It is a nice cornice

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area as well as the bay and do some brickwork on the side of the building.

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and then on the front of the building again we're going to try to restore the facade to a certain

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point and then in terms of the floor plan again mr chairman we're not changing the footprint

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whatsoever the basement will have house the mechanicals on the first floor will be commercial

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space still stay as commercial space right now it's vacant we don't really have a particular use

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for it. We've been soliciting from the neighborhood and from the community group to try to get

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perhaps a local business, maybe retail. But again, if that happens, we may have to come back to the

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board for a use certificate. Pretty simple on the second floor of the corner property, which is the

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larger of the two. We're going to have three bedrooms, kitchen, bath. And then on the other

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property, which has a smaller footprint. It would be a two-bedroom setup with two bathrooms.

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What I wanted to do, Mr. Chairman, is move to the end of the presentation

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and show you the historical use of these buildings. And here it is, the zoning map.

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Again, here's the corner, CMX1 surrounded by RSA5. And as the board knows, the CMX1 designation,

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were not next to RSA5, would permit commercial on the first and at least one unit above.

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These are the other typical documents you would see in a zoning presentation.

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This is 1627 and 29 Vine Street.

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You can see that at one point it was a club on the first floor, sealed off, and then offices on the second floor.

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This is from 1976. And we even went back further to find in 1974, the same thing, offices and a club. And then we went back further to 1939. Back then it was a store and then a one family above.

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So we're basically asking the board to revitalize the former use of that corner property and permit commercial on the first with residential above.

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It will not impair the lighter air of any adjacent property.

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It's in harmony with what the neighborhood wants.

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We are not asking for any relief with regard to height, open space, or rear yard.

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Again, we're keeping the same footprint, and we believe that this is not detrimental to the public health.

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And with that, Mr. Chairman, I rest and ask my client to unmute himself and ask him to adopt my testimony,

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and we'll entertain any questions that the board may have.

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Thank you.

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What's your client's name again?

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Brian Phillips.

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Mr. Phillips, can you unmute yourself by raising your hand?

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Mr. Phillips, can you please unmute yourself and wait for the chair?

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Yes. Mr. Phillips, can you please unmute yourself and wait for the chair?

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Mr. Phillips, could you state your name and spell for the court reporter, please?

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Brian Phillips, B-R-I-A-N-P-H-I-L-L-I-P-S.

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

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Yes, I do.

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Proceed, counsel.

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Mr. Phillips, were you on the call when I just presented the project that you intend to have constructed?

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Yes.

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if you had the opportunity to testify would you adopt my testimony as yours and as true and

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correct yes thank you mr phillips all right questions from the board

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no mr chairman no mr chairman no mr chairman questions or comments from the virtual audience

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i see no hands chair my planning commission thank you chair bergman and board members

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David Fecto, City Planning Commission. The comprehensive plan recommends no change in

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the commercial mixed use zoning at this location. This property was built with commercial units on

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the ground floor. The applicant has shown that the CMX1 zoning, which picks up the restrictions

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of the adjacent single-family zoning, creates a clear hardship that would prevent the viable

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use of this property. The City Planning Commission recommends the board grant the use variance for

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two commercial units. Thank you. MI 2022, 004-811, 6027-29 Vine Street, I vote yes.

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I vote yes. Thomas Holloman, my vote is yes. James Snell, my vote is yes.

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Ishmael Shaheed, my vote is yes. Thank you. Mr. Clinton, please stay on.

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Will do. Thank you, Mr. Chairman.

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Number eight, MI-2022-004-800-2638 North 11th Street.

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Recommendation of support from the 37th Ward.

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Could you identify your client in relationship to the property?

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Sure.

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My client is Rafi, R-A-F-I, Bulk, B-A-L-K, and he's on the call.

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All right.

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Our vice chair, Mr. Shahid, has a couple of questions for you.

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do you agree do you agree to waive the reading of the refusal and stipulate to his accuracy

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i do have you emailed all the exhibits that were required to hear this case five days in advance

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to this hearing i have thank you mr clinton please proceed and share your screen thank you

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Mr. Shahid. Good afternoon again, Mr. Chairman. Henry Clinton on behalf of the applicant and

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principal, Rafi Bulk. This is my presentation package, which contains exhibits AA through

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A10, and I have some zoning records that I'll show you at the end of the presentation.

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the refusal uh because we are in an overlay district uh there's a restrictive use on how

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many square feet you're allowed if you're going to have apartments in this multi-family building

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so our request is for three units based on the calculations we're about 150 square feet

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on lat size off a bi-right designation for a three-family unit.

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If we were under the typical RM1 zoning district,

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we would only need 1,085 square feet for the three-family dwelling,

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and the requirement is 1,120.

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But historically on this block, and I'll show you from photographs

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and from zoning approvals, there are five triplexes already on the block.

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uh and there are two that were approved by the board within a year uh a year and a half i believe

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was march of 2022 and i actually was the attorney for one of the applicants in that situation and

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i'll show the board that as i walk through this presentation uh so we did meet with the 37th ward

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and they voted overwhelmingly in support of this application

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uh these are photographs of the block uh north 11th street looking west uh there are five

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triplexes right here five three family uh 2630 2632 has been approved for three family and we're

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asking for a similar designation down toward the end of the block again there's some vacant lots

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on this block remain and perhaps the community group was was trying to again continue to spur

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development and then across the street there's a school so it has a real commercial look

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And then across the street, there's a school. So it has a real commercial look across the street, not necessarily a single family block.

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This is looking south on 11th Street. This is a church toward the end of the block. And this is a parking lot across the street.

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This is a view looking north of the existing five free family dwellings.

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is our zoning notice again indicating vacant lots on the northern part of this particular block

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and these are the zoning plans zoning z1 again it's a rather large lot it's 70 feet deep we don't

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have any issues with rear yard or open space and we're not asking for any relief with regard to

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height we're asking for what some would consider a diminuous variation from the overlay requirements

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uh the community group like the the look of the brick on the front as well as the as the windows

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bringing light and air into the property uh this is the floor plan for the dwelling basically the

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first floor and basement will be one unit and just want to point out to the board we do have a

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separate trash closet for each unit. The second unit would be the second floor, about 650 square

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feet, and that would have two bedrooms with one bath and a galley kitchen. And then on the third

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floor, again, it would be a two-bedroom, almost a mirror of the second floor with one bath and again

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a designated trashy area and the third floor would have access to a rooftop deck we consider

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this proposal uh in line with the majority of the block being that there's already five and

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will be two additional triplexes on the block bringing seven on the west side of that street

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and on the east side of the block it's taken up mainly by the hope partnership school

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we've had the continuing support of the community group. We're not impacting later air of any

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adjacent properties. We are also not detrimental to the public welfare of this project as approved.

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We believe that's a unique physical circumstance because of a large lot and because of the

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existing composition of other homes on the block that this three-story, three-family

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property will fit in with the block and in with the wants and needs of the community.

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With that, Mr. Chairman, I'd like to rest my case and ask my client to unmute himself,

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adopt my testimony, and take any questions that maybe the board or any members of the audience

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may have. What's your client's name again? Mr. Bulk, B-A-L-K. Mr. Bulk, please unmute yourself

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We'll wait for the chair.

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

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Yes, my name is Rosalyn Balk, R-U-S-L-A-N-B-A-L-K.

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

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Yes.

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Proceed, counsel.

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Mr. Balk, were you on the call when I presented your project?

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Yes, Hank, yes.

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If you had the opportunity to testify, would you adopt my testimony as your own and as true and correct?

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Yes.

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Thank you, Mr. Ball.

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Questions from the board?

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Yes or no, Mr. Chairman.

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Questions and comments from the virtual audience?

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Planning Commission.

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Thank you, Chair Bergman and board members.

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David Fexto, City Planning Commission.

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The comprehensive plan recommends a change in zoning at this location.

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the residential single family since the neighborhood has not been rezoned since 1933

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we will base our recommendation on the current multi-family zoning there is no unique physical

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condition of this 1101 square foot lot that would prevent it from being used in conformance with the

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zoning code the applicant has not shown that the three units planned is the minimum needed to

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provide relief from the zoning code and so the city planning commission recommended the board

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to neither request the case variance.

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Clint, do you want to respond?

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Yes.

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Just because of the nature of the block,

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the comprehensive plan is changing,

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but we applied prior to any change,

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and certainly it hasn't changed yet.

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And it's basically mirroring the other uses on the block.

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Seven properties on that west side of 11th Street

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