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Hearing video

ZBA Hearing - July 10, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Jul 10, 20246h 23m

Do you believe it to be true and correct to the best of your information, knowledge, and belief?

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Yes.

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And would you adopt that as your own testimony?

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Yes.

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Thank you very much.

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Chairman, that's all I have for Mr. Farage.

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I'm happy to have the board ask him any questions.

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Why don't we hold him if the board has a question? Why don't you move on to your real estate person?

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All right. Could you please elevate Leanne Tancredi, please?

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Yes.

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Could you please state your name as a spell for the stenographer?

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Leanne Tancredi, L-E-I-G-H-A-N-N-E, Tancredi, T-A-N-C-R-E-D-I.

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You swear for him to tell the truth, the whole truth, nothing but the truth?

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Yes. Proceed, Mr. Will. Thank you. Ms. Tancredi, are you a licensed realtor in Pennsylvania?

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Yes. And could you please describe briefly your experience for residential and commercial?

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Yes, I've had my Pennsylvania license, salesperson license for 10 years now, and I

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sell both residential and commercial real estate as well as manage both residential and commercial

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real estate in the city of Philadelphia. Yes. Thank you. Board, I'm happy to go into this more

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extensively, but I would offer Ms. Tancredi as an expert on the real estate matters here.

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Why don't we proceed with her and her expertise would be what she did with this property, okay?

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Okay. Ms. Tancredi, did you hear already the testimony that I presented?

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Yes. And do you believe it to be true and correct to the best of your knowledge,

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information and belief? Yes. And would you adopt that testimony as your own? Yes. Okay. Now,

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Ms. Tancredi, you heard me testify that this property would not be an appropriate use as

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a commercial space. Do you mind, what would your opinion on that be? So in my experience of

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managing commercial properties in the city of Philadelphia, I currently manage some multi-use

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Some multi-use properties, specifically right now in Old City, where they have a storefront residential units on top.

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properties, specifically right now

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in Old City where they have

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a

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It appears that we were going to go for a zoning variance, but never did.

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So now we have the commercial on the bottom.

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In addition to taking several months, if not a year, to rent it, and it is in a high foot traffic area right in Old City.

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In addition, it causes lots of problems with the residents because of the trash issue that you spoke of.

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There is no good way to dispose of it.

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So they keep it outside. It attracts rodents and critters.

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So the residents are unhappy with it. In addition, you know, you brought up a good point, too.

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I've lived close to this lot at 21 for North Franklin for almost 20 years.

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and i've never seen a commercial in the middle of the block it causes you know traffic people

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pull over they block traffic there's horns honking and it really disrupts the flow of

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the residential area and now um when you're leasing we're looking for commercial lease space

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how about the size of this uh lot you already went through the location of the lot of being

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on mid-block. How about the size of the space? Would this be conducive to a commercial use?

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Right. So all clients that I have, they're looking to lease commercial space. They've never looked

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for anything this small. They're looking for space where they can attract, you know, people to come

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in, first of all. So there's really no way to advertise in the middle of the block. This block

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isn't really a high foot traffic area. And they're looking for usually at least, you know,

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1,000, 1,500 feet, and that's on the small side. And nine feet is rather narrow for if you're

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going to have customers coming in and out. Okay. And Ms. Tancredi, you also heard me say not only

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is this not viable for a commercial use, but it's also not viable simply to turn the building into

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a duplex. In your opinion, would you agree with that? I do agree with that. In renting in

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In residential areas, I know most residents like to keep large groups off their block.

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And if you were to create a four-bedroom unit, you know, specifically since it's close to the temple, you would most likely attract groups that residents would, you know, not really care for.

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So I think keeping the unit smaller is best for the community.

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Okay.

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Thank you very much, Ms. Tancredi.

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Do you have anything else you believe the board should hear?

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No.

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Thank you.

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board that's all i have for mr questions from the board i have a question the second and third floor

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is that two units what is it uh sorry i did go through that very quickly the second floor

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i'm only oh i stopped sharing uh the second floor is a two-bedroom unit uh bedroom in the back

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bedroom in the front with living space in between and the third floor is also a similar two-bedroom

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unit uh but the third floor also has a roof deck uh over and above it okay so this so so the

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proposal essentially for a three three three unit building yes i'm sorry mr johns i did uh skip over

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that so at the conclusion if approved we would have a triplex with a one-bedroom unit on the

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first floor that would have sole access to the rear yard and its own entryway and then we would

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have a two-bedroom unit on the second floor and a two-bedroom unit on the third floor with a roof

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deck okay i just i just kind of don't see how that makes any difference than having a duplex

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where there are a greater number of bedrooms because it's in terms of the number of people

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you know you still kind of you still got four bedrooms well and i'm happy to have missed but

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there's two apartments or it's one apartment, there's still the same number of people kind of

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sort of, you know what I mean? So I don't know. I don't know about that argument, but that's my

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only issue really for the most part. Certainly understood. And I can have Ms. Tancredi weigh

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in on this. The difference in number of bedrooms per unit is that certainly the rent increases as

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well. And four units becomes overly large for generally a single family unit to rent. And then

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you end up with large groups of people coming together. Whereas two bedroom units tend to be

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a single family unit, renting them and moving on. I'm happy to have Ms. Tancredi

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opine on that as the realtor. No, I'm good. I'm good. Thank you.

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Other questions for them?

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Other questions for them?

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I have a few questions.

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I have a few questions. Can you guys outline the square footage of each of the units that you're offering?

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Can you guys outline the square footage of each of the units?

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Certainly. I did say that very quickly, and I apologize. The first floor unit would be approximately 725 square feet.

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The second floor unit would be approximately 830 square feet. And the third floor unit would be approximately 845 square feet.

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and i heard you say that the first floor has designated access with such a narrow lot how

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are people getting to the second and the third floor because you went through the plans really

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quickly i i did and i apologize i didn't want to belabor anything i'll share again the plan and

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actually make it large enough that i can see it let alone you um so the where the first floor plan

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writing is. That's the street. So you'd walk up off the street. There's a right-hand door

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and a left-hand door. The right-hand door, you walk in, there's a small vestibule,

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and you immediately go upstairs to the second story and the second unit. Then it immediately

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has a stair going again up to the third floor unit. And the left-hand door leads directly into

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what would be the living room of the proposed first floor unit. Open living room into kitchen.

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Going back through the kitchen, you'd have the bathroom in the middle. And then you have a very

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large bedroom with closet here. And then again, you can see this first floor, or sorry, the entire

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building not just the first floor um has a side cut out it's set back from this property line so

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the left hand side here is that uh that very large uh seven unit building that's going in

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and you would walk out and the first floor unit has a its own exclusive designated walkout to

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uh the rear yard so so you you said that the basement will not be used for living

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there's an egress well there's an egress well and the first floor apartment is open to the

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basement there's no there's no door i mean that's an open stairwell uh no so so here's the stairwell

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down right it it goes down the the basement is currently unfinished it will not be finished

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um it is meant only for laundry and storage for the first floor unit and uh so so so work with me

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here so you're going to have an unfinished basement that's open to an apartment with an

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egress well in the basement that that seems a little questionable

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i i understand i mean i certainly see this condition all the time as i'm sure you do

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i'm happy to have mr haas is the uh whose hand was raised before is the project manager

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and will be the property manager so he can walk through any questions you have with regard to the

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the egress well in that basement can we talk through the uh the construction materials being

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used in the basement like what are going to be the floor condition and the wall condition in the

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basement uh certainly i would have to call mr haas uh chairman all right let's get mr haas one

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please hello how are you all right say your name please as bell for the court stenographer

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sure it's steve haas my last name is h-a-a-s you swear or affirm to tell the truth the whole truth

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nothing but the truth i do sir please proceed mr haas uh could you please describe your position

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as to this property for the board i'm uh my question answered first no hey i i'm trying to

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get their board member win i just have to identify why he should be the one answering it instead of

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me i'm simply the project manager okay have you been involved at all times with all construction

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decisions mr haas yes sir okay uh did you hear uh board member win's question yes i believe she

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asked about the materials which would be concrete concrete floor and then the walls are they

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metal studs is it zip system are you using drywall like how what are the what's the

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wall condition in the basement open finishing there's there would be no finishing so it would

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just be a masonry basically okay so no insulation in the basement no

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so

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I'll be cool.

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So you have a isolated basement that's open to an apartment on the first floor.

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That's not a great idea in terms of energy efficiency and a number of things.

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Sounds well.

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this location of a door between the basement can i my name is barry farage i'm the owner can i speak

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is that another client you have coming on mr whalen no uh board chair mr farage

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already spoke he is here on behalf of the owner he was already sworn in please let him speak

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morning

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my name is

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Barry Farage

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we have that

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go ahead Mr. Farage

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so the basement

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the basement will be

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just going to be

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for washer and dryer

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downstairs

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for use for washer and dryer

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the basement

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will not going to have

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any finishing

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and it's going to be

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a door

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between the basement

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and the upstairs

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to separate it

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only for laundry

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downstairs

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that's it

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okay your plans just don't show that

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other questions from the board um i'd have a question so the community's opposition is for

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for what commercial i mean the opposition for them not to get the variance for the commercial

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i know you said there was a variety of meetings and i kind of dwindled down to those um four

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uh yes i can bring the letter back up if you'd like uh if you don't already have it

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so the the rco technically took no position uh because there were only four people and

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they only take a position if there's six votes or more um and uh the community members in

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attendance thought that uh there should continue to be commercial space even if it was in mid-block

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uh and i'm reading directly from the letter here they express that the existing property dimensions

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in space could still accommodate a viable business the proposed development has caused

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issues for neighboring residents including damage to vehicles fence in front of the adjacent property

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they identified me and said that i had made efforts to address these damages

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and the neighboring resident cooperated in informing the developer of vandalism break-ins

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and thefts and deliberations however no resolutions came to be and then it says

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other community members have been dissatisfied with the construction site conditions and the

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behavior of certain contractors towards residents resulting in multiple meetings with the developer

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the developer stated that they have terminated those contractors

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employment and tried to improve the site conditions to be less inconvenient for the residents

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so that that's that's where everyone uh came out it was so that was the first rco meeting was sort

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of when all of these issues were first aired uh that's why we thought it appropriate we we actually

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asked the rco if they would allow us to come back and address all of those concerns the rco also

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wanted, and so did the near neighbors, direct communication numbers and email addresses

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for Mr. Farage and Mr. Haas so that they could reach out directly. We provided those at the

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second meeting. And then the second meeting into the third meeting, just after all those answers

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were given, the second meeting just turned into the closest neighbor going through what was

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purportedly damaged. And then we continued the meeting again to a third meeting to allow us

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time to try to work with that neighbor, Ms. Musseter, in order to resolve those damages that

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she had talked about. And those negotiations are ongoing, but unfortunately couldn't be resolved

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in time for when the RCO wanted the third meeting. And that's why at the third meeting,

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there were only four people left because we had answered all of the questions that had come up.

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So there was no buy-in from the RCO in the community to have a third unit in the building, basically?

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They never took a position on the third unit.

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They simply said, you should build by right, and we think commercial is viable mid-block.

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Thank you.

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All right.

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Other questions from the board?

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Yes.

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I'm not sure what that noise is in the background.

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Okay.

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Okay.

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Your argument in terms of hardship is that a commercial use mid-block is not liable because of the area where it's located, which is another definition for hardship.

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I'm sorry, Ms. Gaston, I'm having a hard time hearing you.

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I'm sorry, Ms. Gaston, I'm having a hard time hearing you.

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There's somebody in the background.

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There's somebody in the background, please mute their background.

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I don't think it's you.

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