civus
Hearing video

ZBA Hearing - August 23, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Aug 23, 20236h 32m

Ma'am, please unmute yourself and wait for the chair.

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

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My name is Isabel, I-S-A-E-E-L-L, Marie, M-A-R-I-E, Ortiz, O-R-T-I-Z.

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

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I do, Chairman.

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What case are you calling about?

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9800 Fossilton Avenue, the one that has been continued.

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Yes.

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Question.

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We will be notified in advance in the future if this is going to be continued.

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Yes.

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Quite a few of us that are online now, quite a few.

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And we have no information on this case whatsoever.

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So here's the issue from what I see.

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This case, the CDR has not been completed yet, and that's why they haven't moved forward.

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Okay, correct.

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But, Chair, may I also ask another question?

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It was our understanding, and this is my understanding, that this case was originally brought before the ZBA because they needed a variance.

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However, have withdrawn to ask for a variance, and instead-

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Excuse me, ma'am, Ms. Ortiz.

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This is Bettina Els.

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I'm reaching out to you to contact the office.

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If you complete the online form when you register for the Zoom hearings, you will receive all notification as to the continuances or anything that's scheduled for the case, okay?

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We will make sure you know what's going on, okay?

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Thank you.

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I see no other hands, Chair.

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All right, thank you.

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Let's go to our add-on. MI 2023-003-767, 1023-27 West Susquehanna Avenue. The vote on this matter

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has been rescheduled by the board to Wednesday, August 30th at 2 p.m. We're going to go to our

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regular list, and we're going to start with number five. MI 2023-002-111-6929 Oguns Avenue.

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Nakeem Baker is the owner. This application is for use as a multifamily household living,

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three dwelling units, and an existing structure. The proposed use multifamily household living

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is prohibited in the RSA 5 Zoning District.

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There is a letter of support from the 10th Ward Democratic RCO.

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Mr. Baker.

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Mr. Baker is coming back in as a panelist here.

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Thank you.

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Mr. Baker?

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

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Naheem Baker, N-A-H-E-M Baker, B-A-K-E-R.

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

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Yes.

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our vice chair has just a few questions for you sir

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okay good afternoon sir have you emailed in all the required documents and exhibits that are

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needed to proceed with this case five days in advance of this hearing yes all right thank you

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can you you can proceed and share your screen

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green button says that's it okay it's coming should be coming up

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i don't see your documents mr baker

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oh i wasn't sure if you see my screen

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my documents should be pulling up okay

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okay

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Okay. Tell us what you're trying to do, Mr. Baker.

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Yeah, how you doing, Mr. Baker? I'm here because I'm applying for a three-family dwelling for an existing structure.

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um when i purchased the property it was uh already set up for three three um family units

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uh three three two bedroom units it was already set up um and it's in this uh i guess presentation

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i'll be going over my refusal letter my application appeal uh project and project information form i

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got a copy of my d text compliance photos of the orange poster board interior and exterior photos

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documentation of the meeting, and a letter of support from the RCO.

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Okay. Proceed.

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Okay. Like I said, this is my refusal letter. I was applying for a three-family dwelling. As you

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can see, this property was granted a variance for a three-family dwelling as early as April of 2013.

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At some point between April 2013 and me purchasing a property, the zoning was a drop down to our RSA five, which is single family.

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And I'm here in hopes of getting granted a variance to bring it back to a three family dwelling.

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OK. Just to give you an idea of the block and just the character of the block.

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These are the surrounding corner properties of my property.

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This is to the left is Ogontz and Georgian Road, which is the home directly across the street from

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our property. As you can see, it's multifamily. And then on the right is Ogontz and Andrews Ave,

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which is the next light up. And in this next slide, you can see the homes to the south of

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of my property um the next corner property is also multi-family use just to give you idea of

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the block that uh that the property is on okay here's my application of a for appeal um copy of

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the deed um here's um a photo of philadelphia.gov tax services just to show update up-to-date property

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texas okay um here's a photo of the uh orange poster board um on the front

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on the front page is uh the front is oh god's avenue

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i'm sorry i'm sorry um on the front you can see um

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On the front, Ogontae Avenue is the front of the property.

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On to the right of you is the side, Georgian Road, the side of the property.

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My apologies, that's my George.

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She's sick.

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Okay.

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This is exterior photos.

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This is the front.

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On to the left of you, Ogontae Avenue.

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To the right is Georgian Road.

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Here are some interior photos of the property. Each unit is already set up, live room, kitchen, bathroom. To the left is the entrance to the first unit.

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here are some interior photos of the property. Each unit is already set up.

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Then the second unit, live room, kitchen, bathroom, already set up the way I purchased the property.

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Then the third unit also, live room, kitchen, and bathroom, all set up for third unit.

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Then my next slide shows that the utilities are already separated. To the left is the gas meters, and right there in the center is the electric meters, and then to the right is three water heaters for each unit.

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here's a letter that i sent out to the neighbors for the community meeting

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and then my next slide is a summary of the meeting um it was 22 in attendance i got a 17

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uh vote four five oppose and then to the right is a letter of a letter of approval from a letter of

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support from the RCO with some provisos provisos being that I update I put a

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lighting on the since it's a corner property cameras a trash plant and a

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landscaping plant and acquiring a property manager okay and then following

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the meeting I put up I put up some lighting to the left you can see it's a

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camera facing the entire sidewalk and in the light right on top of it and then

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And it's still on the side.

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The garage is at the end of the property, still on the sidewalk, just lighting up that sidewalk for neighbors.

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And then trash plans, as you can see, I added three trash cans to the platform outside the house,

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two recycling bins with room to add more if needed.

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And then as far as landscaping, I've hired a local landscaper in the area.

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to just add me to his routine

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of houses that he serviced.

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And

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that's

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the end of my presentation.

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Thank you. Thank you. Questions from

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the board? No, Chair.

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No, Chair.

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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 handshare.

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Planning Commissioner.

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This is Ron Bednar, City Planning, first name Ron, R-O-N, last name Bednar, B-E-D-N-A-R.

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

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I do.

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Proceed, sir.

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This property is indicated for residential use on the City Plan.

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Given the physical circumstances of the site, we have no objection to the granting and the variance.

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Thank you.

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MI 2023-002-111-6929-O Guns Avenue, I vote yes.

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Thomas Solomon, my vote is yes.

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James Snell, my vote is yes.

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Ishmael Shaheed, my vote is yes.

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Thank you, sir.

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You have your votes.

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Number nine.

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MI 2023 002049 787 North 38th Street. Robert Careless is the attorney for the developer.

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Recommendation of support from Mantua Civic Association.

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Project strongly supported by Councilmember Gauthier, applicant provided a petition in support from 166 neighbors, received waiver from the Department of Planning and Development, as well as the authorization letter from Affiliate of Redevelopment Authorities.

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Mr. Careless.

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Mr. Careless, could you please raise your virtual hand?

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do we see him i see a hand just went up here i have a hand underneath tom wood i'll allow them

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to speak before i promote them chair okay thank you you're welcome

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Mr. Witt, please unmute yourself and wait for the chair.

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Mr. Witt?

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Yes, yes.

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Yes.

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Yes.

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Hi.

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

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Could you state your name, please, and spell for the courts?

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Thomas Witt, W-I-T-T, of the firm Cozen O'Connor, 1650 Market Street.

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All right.

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Do you swear a firm to tell the truth, the whole truth, nothing but the truth?

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I do.

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You're representing this client today?

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Yes.

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I'm a colleague of Mr. Karras.

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Okay.

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Are we going to promote him now?

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Yes, sir.

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Okay.

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Thank you.

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He's coming back in now.

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Okay.

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Hi, Mr. Witt. How are you, sir?

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Fine. Thank you, Mr. Chairman.

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Could you identify your client and the relationship to the property?

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Yes, I am Tom Witt of Cozen O'Connor.

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As I said, we represent Women's Community Revitalization Program, the equitable owner of the property.

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I'm sorry, Women's Community Revitalization Project, a nonprofit, and its affiliated land

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trust, Community Justice Land Trust, which will develop this property.

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Okay. Our vice chair has just a few questions for you, sir.

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Certainly.

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

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accuracy?

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We do.

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Have you emailed in all the required documents and exhibits that are needed and required to

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proceed with this case five days in advance of this hearing?

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We have.

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Thank you.

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Please proceed and share your screen.

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Thank you.

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Is that shared now?

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Is that seeing?

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It is.

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That's fine.

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So you're looking at a color rendering.

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So we represent Women's Community Revitalization Program.

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We have a project.

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We have two witnesses who will testify and three others who are available in the event that there are any questions.

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What is proposed here is a 32-unit multifamily building for very low-income people, and we have a number of variances that result from unique circumstances related to this property.

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Let me just run through very quickly for you the variances in question and why each of them is justified.

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We have a variance on height because we're four stories instead of three.

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the testimony will show that the economics of these developments are such that we could not

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go forward with this program without approximately the 32 units that we have proposed

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and that fourth floor is nine of those units that would reduce us to 23 the choice is not between

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23 uh and it's not that we could do 23 it's either something close to 32 or nothing that

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we can do on this site because of the way the economics work so the height variance the

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dimensional variance necessary because of the economic realities of making this kind of

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development possible with respect to the 38th street front yard setback

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to show you the site plan we are on brown street we cover the entire almost the entire frontage

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on brown street we do not leave a setback at the corner on 38th we'll have a slight one but not

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much of one and we have none at all on the corner on 38th street this is a glitch in the code a

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funny provision that treats those as front yard setbacks even though the front is really brown

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street and that's where our front door will be we submit that to literally comply with the code and

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pull those those walls back would create orphaned pieces that aren't properly supervised whereas

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here we have a design that's complete and pleasing and fits the street provides eyes on the street

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and is the best result and it's a good example of why we need a board of adjustment to look at the

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