civus
Hearing video

ZBA Hearing - August 23, 2023

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

fine points of where things are and pick up these situations where a literal interpretation of the

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code produces a hardship. Similarly, on the DeKalb, and let me just take you to a photograph

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to show you how that, well, no, I'll do that later. If you go to the DeKalb Street frontage,

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it's the same issue, that this is our front on Brown Street. It is technically a front on DeKalb,

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but it ought to set back. But were it to set back, it would leave the corner really unpatrolled and

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orphaned in a way that wouldn't be suitable also notice that on 38th street side after it fills

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the corner the building then does have a setback for some landscaping which improves the quality

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of our windows looking out and also respects the porch line of the properties that are south of us

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you can see that on the building south of us uh i'm pointing my cursor now

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Now, as to, excuse me, the rear lot line, the proposal does provide on the DeKalb Street side.

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And the proposal does provide on the DeKalb Street side a substantial setback of the building. It's almost 50 feet from the lot line to the building on the DeKalb Street side. We're using that for parking because we wanted to have a few parking spaces.

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And so it doesn't count as rear yard, but it does separate the building from the side, the party wall of the DeKalb Street buildings to the south of us.

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We also have in that area some landscaping.

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And where we're closest to our neighbors is on the 38th Street side.

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And on the other side of our property line there, there's a vacant lot that's 15 feet wide.

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But the next property south has a blank party wall facing that area.

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and presumably if the 15 foot wide lot intervening were ever developed it would be developed in the

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same way with a party wall on the north side and that would therefore make it really not essential

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that we have any further setback here and again the design team is trying to make sure they get

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enough units in here to make this work or we'll have no units rather than having a smaller number

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this photograph will illustrate the point we're standing on 38th street

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This photograph is from our exhibit package, A8, page one, and I'm sorry, A9.

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And you're standing on 38th Street looking east towards DeKalb.

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Brown Street is visible on the left side.

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And on the right side, you can see that party wall that I was talking about that is the

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north wall of the building south of us.

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There is another lot 15 feet between that building and our property line.

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Then turning to the use variance, we are proposing multifamily as the immediate past applicant was as well.

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We are proposing multifamily in a district that is single family.

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And we have two points to make.

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First, we disagree with the code on the distinction between single family and multifamily being a use distinction.

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We don't disagree with the refusal. The refusal is right. We think the code is wrong.

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Every one of our 32 dwelling units will be occupied by one family.

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And in our view, the only difference between that and a single family home is the number of them.

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It's not the use. The use is the same one family in each dwelling unit.

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And it's our view that that's incorrectly described as a used variance.

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And here, the number of units that we need in order to make it work and have any units at all justifies the variance.

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But we also recognize that we're a little bit ahead of our skis on that.

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The rest of the world hasn't caught up to the wisdom of our position on that.

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And if you even take the traditional variance analysis based on hardship unique to the property, we believe there is indeed an unnecessary hardship unique to the property.

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And you find it in the first four of our exhibits, which are letters from the Philadelphia Housing Development Corporation, the Philadelphia Redevelopment Authority, the Pennsylvania Housing Finance Agency, and the Philadelphia City Planning Commission.

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take the amount of public effort that has been put into this to try to develop these apartments

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for low-income families, combine that with the private charitable resources of women's

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community revitalization project, which have been put into it, and to not take advantage of that

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over a provision of the zoning code, would we believe constitute waste. To let that resource

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lapse and not take advantage of it would constitute waste. The common law judges from the earliest

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times have hated waste because it makes everybody poorer. And so in our view, for the benefit of

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all of our community, we need to take advantage of this opportunity to raise up a few families,

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32 families into very good, safe, stable, affordable housing. With that, I'd like to call

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my two witnesses. The first is Nora Liktash, Executive Director of Women's Community

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Revitalization Project. Nora Liktash, you're available to speak. Please 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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Sure. My name is Nora, N-O-R-A, Liktash, L-I-C-H-T-A-S-H.

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

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I do.

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Proceed, counsel.

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Nora, did you hear my testimony and presentation?

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I did.

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And as to the factual matters that I stated, would you accept them and adopt them as your own testimony?

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I do accept them and adopt them as my own testimony.

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And I believe you have some words for the board.

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Yeah, I'd like to tell you a little bit about the Women's Community Revitalization Project, or I Work, which is also known as WCRP, for sure.

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Yeah, I'd like to tell you a little bit about the Women's Community Revitalization Project.

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And WCRP is a nonprofit, women-led community development corporation committed to social and economic equity for low-income families.

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We not only develop affordable homes, we provide supportive services and resources for the families that live in our properties.

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It's clear to us that obtaining an affordable home can be a critical step in improving health, well-being, and financial security for families.

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On average, tenants increase their income by approximately 60% over the first four years of living in WCRP's homes.

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And that's because they have an affordable house and they can move forward.

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WCRP has built or rehabbed more than 350 homes over the last 35 years in Philadelphia.

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And recent approvals before this board include the Arlene Thorpe townhomes and Grays Ferry.

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and Linda Lockman King Apartments in Haddington, Philadelphia, developments that produce access to

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affordable housing in neighborhoods like Mantua in this one where we're seeing property values

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on the rise and low-income residents at risk of being pushed out of their own neighborhoods.

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your next witness sir uh our next witness is darren edwards principal of cicada architecture

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and planning inc darren edwards darren edwards you're allowed to speak please i'm sure could

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

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Darren Edwards, D-A-R-Y-N-E-D-W-A-R-D-S.

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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.

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Proceed, Mr. Witt.

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Mr. Edwards, did you hear my opening statement, and do you agree with it, and adopt it as your own testimony?

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I do.

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And do you have anything to add on the design that you've created here?

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I think the only thing that I would add is that parking was not required, but in meeting with the neighbors, there was a request for that, and we incorporated that into the design.

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That concludes our presentation, Mr. Chairman.

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Thank you.

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Questions from the board?

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No, Chair.

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Questions or comments from the virtual audience?

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here we have dante mossy okay

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please unmute yourself sir and wait for the chair hi could you state your name please

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spell for the court stenographer dante mossy e-a-n-t-e mossy m-o-s-s-i right do you swear

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or affirm to tell the truth the whole truth and nothing but the truth yes proceed sir

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um i i live in a i live and own the property at 808 north 38th street

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um and i know someone out the madura built over a year ago and i signed in uh support of this

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right um but i actually want to do the opposite right now i'm not in support of this being built

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on 38th and brown i think there's too many units too many people in this small area

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and I have a concern of

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violence with an area that already has violence

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with other neighborhoods moving into this neighborhood.

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And then also, yeah, I mean, that's the gist of everything.

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All right, Mr. Massey, we appreciate your call

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and we'll take what you said into consideration.

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Is there anyone else in the virtual audience?

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Yes, Chair, we have Dwayne Drummond.

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Hi, Mr. Drummond.

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

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Yes, my name is Dwayne Drummond.

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It's D-E-W-A-Y-N-E-D-R-U-M-M-O-N-D.

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Right.

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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, so help me God.

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Are you a neighbor?

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Yes.

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All right, proceed.

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So my name is Dwayne Drummond. I lived in the West Philadelphia section of Mantua for my whole entire life for 43 years.

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I am currently the 24th war leader and have been involved in taking leadership in a number of neighborhood organizations in Mantua.

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The affordable housing development that is planned by Women's Community Vitalization Project for this vacant land at 38th and Brownstreet is something that the neighborhood has needed, especially now.

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Many people from this area truly need affordable housing.

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For too many years, I have seen this lot and others sit vacant, which bring problems such as trench, raccoon, possums.

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which bring problems such as trash, raccoon, possums, and high crime activity.

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When I learned that this will be put to good use by a group promising to help low-income families, I was relieved.

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So many lots have been gotten by developers looking to charge market rents and make a huge profit.

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it. I support this event. I support this project wholeheartedly, and I look forward to its

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completion. Thank you, Chairman. Thank you, Mr. Drummond. Thank you for taking the time to call

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in. We appreciate your comments. For anyone else in the virtual audience? Yes, Chair. We have,

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looks like we have Andrew Goodman. Hi, Mr. Goodman. You've already been sworn in today.

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just state your name, please. Andrew Goodman, representing third district council member,

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Jamie Gaudier. Proceed, Mr. Goodman. Thank you. Good afternoon, Mr. Chair and members of the

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board. Council member Gaudier strongly supports this application and would ask that you vote yes

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this afternoon. We cannot overstate how important and unique this project is to the Manchewa

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community and to West Philadelphia overall. I won't duplicate what Mr. Drummond effectively

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described about the importance of affordable housing. I will say that there truly is no

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housing more affordable that's getting constructed these days than the type of housing and the type

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of model that WCRP provides. They did, per that, received an incredibly competitive award of low

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income housing tax credits from the state for this site. And missing the opportunity to put

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that award to use doesn't just lose affordable housing for 38th Street or for Mantua or for

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West Philadelphia. The city loses that award entirely and never gets it back. And with the

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housing crisis that we're in, we cannot afford for that to happen. And I would also direct the

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board to comparable variances that it granted just across the street on the north side of Brown

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Street for another affordable housing that received the same tax credit award. So thank you for the

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opportunity to testify this afternoon. Thank you, Mr. Goodman, for all of your testimony today. We

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appreciate it. Is there anyone else in the virtual audience? Yes, Chair, we have Michael Thorpe.

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Okay. Hello, Chair. How are you? You've already been sworn today, sir, just state your name for

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the record. Yes, my name is Michael Thorpe, M-I-C-H-A-E-L, T-H-O-R-P-E. I am the Executive

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director of the Mount Vernon Manor CDC. And we support this affordable housing development at the

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corner of 38th and Brown Street wholeheartedly, as it has been described by Andrew and our

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Mantua Civic Association president that I've lived in this neighborhood, I'm 59 years old,

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I've walked past these abandoned lots and the short dumping, the trash, and just to have an

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opportunity where our neighborhood is just under a great deal of pressure with market rate housing

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that people are being forced out. So sorry for talking so much, but I support this project

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one million percent. And Mount Vernon Manor has been in the business of developing affordable

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housing for 50 years. And thank you to WCRP for helping to develop units like these in our

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neighborhood. Thank you. Thank you for all your testimony today. We appreciate it. Is there anyone

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else? I see no hands, Chair. Planning Commission. This is Ron Bednar, City Planning. Property is

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indicated for residential use on the city plan. We recommend that the requested variance be granted.

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Thank you. MI 2023-002-049-787-North 38th Street, I vote yes.

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James Snell, my vote is yes.

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Mr. Shahid, my vote is yes.

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Council, you have your votes.

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Thank you very much.

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Thank you.

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Number one, MI 2023-001-979, 1801-03 North Howard Street.

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Rebecca Cole is the attorney.

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Letter of support from the South Kennington Community Partners.

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Rebecca Cole is coming back in as a panelist.

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Thank you.

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

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sonographer? Hi, good afternoon. My name is Rebecca Cole, R-E-B-E-C.

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Hi, good afternoon. My name is Rebecca Cole, R-E-B-E-C-C-A-C-O-L-E, here on behalf of our client.

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Okay, do 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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And your client is 1801 North Howard, LLC?

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1801 North Howard Street, LLC. And the client, Justin Messberg, is here on behalf of the LLC, along with our project architect.

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Okay, our vice chair 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 stick your lead to its accuracy?

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I do.

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Have you emailed in all the required documents and exhibits that are needed and required to proceed with this case, file these in advance of this hearing?

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I have.

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Thank you. Please proceed and share your screen.

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Thank you.

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Okay. Can everyone see my screen?

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We can.

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Thank you.

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Our presentation today will be about 1801 to 03 North Howard Street.

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We represent 1801 North Howard Street, LLC.

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Again, the client and project architect are here with us.

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Included in our exhibit packet is the refusal, aerial and zoning maps, notice of appeal,

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project information form, plans and site photos, RCO notice and letter, as well as posting photos,

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deed and tax clearance certificate. We received just one refusal. We are here seeking a single

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de minimis dimensional variance from the code's maximum occupied area requirements in order to

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add a one-story elevator lobby in the interior courtyard of an existing building in order to

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allow ADA access to the elevator and building. The proposed elevator lobby will not be visible

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from the street and currently the building and elevator are not ADA accessible. The owner is

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redeveloping this property for residential and commercial use under separate previously approved

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permits and the project was well received by the community who voted in unanimous support of the

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variance request and an RCO meeting on June 28th of this year. The letter of support is attached

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to our packet. I'd like to start by giving some context. Here's a image of the property highlighted

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in yellow here where my pointer is in the midst of a scene of South Kensington. As you can see,

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it's a large well-preserved historic building located in South Kensington. Here's a closer look

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