civus
Hearing video

ZBA Hearing - October 20, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Oct 20, 20205h 24m

So here we go.

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share and there we go nope that's we'll enlarge that uh okay so 3854 brown um is a mid-block

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property um exhibit one is our notice of refusal um which was only a use um refusal exhibit two

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is our date stamped application for appeal which was sent in in January of

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2020 January 2nd I thought it was date stamped it might be a little faint on

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here exhibit three are our plans and I'll start with the site I'll start with

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the site plan and then I'll move on to the floor plan so our site plan and I'll

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enlarge that. Is that visible to everybody? All right. So here to the left is our site plan. You

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see 3854 is that shaded area, the one in the center there. Our proposal is to add on to an

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existing three-story building, and it is attached to two other homes on the block.

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up here is an elevation and as you can see it's an existing three-story with a basement

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our proposed addition is at the rear third story and that's kind of called out in the site plan

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there. I'm sorry, not an addition. It's a renovation. And as you can see, here's a photograph

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of the street view of this side of the house. And then there are some street views up and

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down Brown Street. If we scroll, I'm sorry, 3854 Brown floor plan I have here. And I'll

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increase the the size. So here's the existing unfinished basement for utility

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and storage only. Here's the existing ground floor level with unit one, the

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existing second floor level unit two, and the existing third floor level which

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would be more of um an efficiency there would be no changes to the exterior of the property only um

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to the uh interior plans uh as we move forward here let's we'll look at um my photos my site

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photos and i can show you the front and rear of the foot so right here this is a 3854 the red brick

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one in the middle. And that was taken very shortly after my client purchased it.

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Again, this is 3854 brown. That's a closer up shot of the front. Exhibit 4B are further photos.

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These are photos of the rear of the property. This is the rear of 3854. As you can see,

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this is the rear of 3854 these are the neighboring properties this is 3856 this red

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second story there and that brown wooden fence that's ours at 3854 exhibit 4c are the zoning

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notices the orange zoning notices pasted on the front door of the property again pasted on the

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front door of the property pasted on the front door of the property and that's the front step

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as well. 4D is a fourth poster, orange poster, I believe. So what had happened was this was

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the hearing that had gotten interrupted by COVID and the interruption in the zoning board's

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business. So those posters were originally from January and February of this year. And then 4D

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are the orange posters that were posted in August and September of this year in advance

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of this hearing. This is a second orange poster posted at 3854. Here's a third one.

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Here's a third one and exhibit five is our project information.

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And that was filed.

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and that was filed when we filed the appeal on December 30th of 19 and Exhibit 6 is our

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affidavit of service back in January when we had noticed by mail several of the neighbors,

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I would say about 100 of the neighbors total, which included our letter to the neighbors

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regarding the project and the description and our notice of refusal, our list of addresses

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noticed. Then we all shut down for a little while, and then we came back and did it again in August.

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We have a meeting summary form from February 23rd, and it was against, but as you can see,

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It was a narrow vote. It was 13 in favor, 16 against.

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And I believe I had, well, I know I have my client here, Eugene Nadevich, who was a principal of 3858 Brown, LLC.

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This is the deed. I'm sorry, 3858 Gerard, LLC.

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This is the deed that was recorded in favor of my client and was recorded on July 23rd of 19.

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He purchased it at a sheriff's sale. It was a sheriff's deed.

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um this is the deed to the property in favor of 3858 gerard llc with the all legal description

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tax certs exhibit nine is a certificate of tax clearance um from february for 3858 gerard llc

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and we've been having some difficulty with the technology recently um with regards to tax

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clearances i do have my client eugene natovich on this call with me um as well and i believe that

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there are some other local neighbors on here as well. But I would like to call my client,

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Eugene Nadevich, to give a bit more testimony on the nature of the project and to adopt my

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testimony. Nadevich, please identify yourself for the record. Spell your first and last name.

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Eugene Nadevich, E-U-G-E-N-E, last name N-A-Y-D-O-V-I-C-H.

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

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I do.

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Thank you, Mr. Slepner.

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Eugene, if you would, just take the board, and I can call up our plans again.

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If you would take the board through what your plans are for the property.

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Let me ask you, before you go down that road, let me ask you a question.

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Do you have floor interiors, photographs?

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Is the property set up as a single family or a two-family dwelling?

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Single family.

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Okay.

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All right.

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It's kind of – there's not much inside.

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Okay.

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I just want to make sure of that.

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All right.

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Yeah.

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So the issue that a lot of some of the neighbors had with this property was the third floor addition that we wanted to do,

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which, as you can tell in the plans, we got rid of that third floor

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and we turned that third floor into a studio apartment

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instead of a one-bedroom.

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I'm showing the plans right now. Eugene, you probably can see them

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if you're on the Zoom. There's the third floor.

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Yeah, go ahead.

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You want to use the existing footprint of the third floor as a studio.

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No extension.

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We are not changing the footprint of the building at all,

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And that was one of the issues that some of the neighbors had.

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Another neighbor had an issue that she voted against and had got a couple of people to vote against the project because she didn't believe me on putting residential units in there.

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She tried to convince everyone that I'm putting a bar in there, which I promise is not the case.

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And from these units, two of them are going to be able to make low income.

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So that studio, I believe we're going to be able to price it in the $650 to $700 a month range.

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The second floor, somewhere around the low $800 range, probably at $800.

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And the first floor at market rate.

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We're not asking for anything else.

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Again, so we're not changing the exterior other than, you know, fixing it up and making it look nicer.

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We're not extending anything.

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The only thing we're doing is just changing the interior of the building.

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okay um mr knight of itch or mr slepner the adjacent properties 38 52 and 38 56 are they

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single family uh eugene i believe they are single family eugene can probably speak to that

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i believe they are

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thank you all right um questions from the board

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Uh, yes. Did he have pictures? No. Okay. No, I guess that's why I asked him, I don't have any.

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And, uh, if I may, just one further question for my client.

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Um, Eugene, other than the testimony you just offered to the board, did you hear the

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um eugene other than the testimony you just offered to the board did you hear the testimony

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that i offered to the board yes i did and do you uh was it true and correct to the best of your

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knowledge yes it was and would you adopt it as though you had given it yourself yes um just one

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more thing that i want to add is um the building is the complete disrepair and use all new plumbing

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all new electrical uh framing and obviously you know nobody's lived there for a very long time

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understood but you knew that when you bought it

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you were aware of that the condition when you bought okay yeah all right yeah it's just

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unfortunately the market based on you know cost of uh fixing it up it would not be possible to

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be able to make it anywhere close to low income if i were to make it a single family home

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and also by the way 3856 brown which is the one right next to it uh that is a duplex so that one

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is a multi-family building to you it's only 3852 brown uh this is single family 3856 brown is a

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duplex thank you all right um any other questions from the board no anyone else who would like to

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testify in this case please raise your hand at this time um i have two people in the room with

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me that would like to testify if that helps identify themselves name and address spell your

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full name yeah my name is i'm sorry my name is william smith i said spell my name i can't hear

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you you have to speak into the microphone we can't hear you my name is william smith i live

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730 north of DeKalb Street.

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About a block and a half

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from this property here too.

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Same as the last one.

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Mr. Smith,

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you're swearing for him to tell the truth, the whole

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truth and nothing but the truth.

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Yes, sir, I do. Please proceed.

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I'm here in favor of

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Mr. Eugene

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Nadevich

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and I'm here to say I'm not opposed to it.

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Anyone else would like to test

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please raise your hand here I have from the councilman's office Andrew Goodman

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Mr. Goodman good afternoon please identify yourself name spell your full name for the record

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Andrew Goodman a-n-d-r-e-w g-o-o-d-m-a-n here representing the office of third district

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councilmember Jamie R. Gaudier thank you you swear and affirm to tell the truth the whole truth and

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nothing but the truth yes i do please proceed thank you and i i apologize and i see on the

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agenda that i got called away um as another no problem no problem so i so i apologize for that

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um just here to um kind of affirm what we've submitted verbalize i guess we've submitted on

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the written record as well which is that we're standing with the coordinating rco

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in opposition to this application. We did work with the RCO to try to coordinate a follow-up

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meeting between the applicant and near neighbors. While I was not able to attend that meeting,

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our understanding is that a resolution was not reached. Therefore, our previous stance dating

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back to after the original RCO meeting stands. We are generally in opposition to applications

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like these that go against community-led remapping initiatives. Thank you. Would you happen to have

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any knowledge, and I know you were not at the meeting, so if you don't, that's fine,

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as to whether any other alternatives or recommendations have been made to reduce

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the number of units

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or is it basically

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the position of the community

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a single family only?

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And if you don't have any knowledge,

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that's fine.

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I'm just curious.

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I don't.

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I'm sorry.

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And I know that there was...

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Yeah, I do not know

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what the residents on that block

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stated at that meeting.

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So I apologize.

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I can't speak to that.

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Okay, thank you.

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Mr. Chair, if I may clarify.

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I think Mr. Goodman is...

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possibly confused and i and i understand this confusion because my client has several projects

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on this block we did and he was very helpful in coordinating a meeting with us with the neighbors

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on with regard to a different project of my clients on this block that had been

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3860 brown which is still pending and actually we're coming back to the board next week on that

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um i'm also going to be presenting 3801 brown

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um but my recollection and mr goodman maybe i'm incorrect here i'm not sure is that this one had

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incorrect here i'm not sure is that this one had gone to you know an rco meeting they had gotten

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gone to you know and

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the vote that they had gotten and you know it's possible that that he did facilitate i i i know

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we've been doing a lot of uh back and forth and and conversations with mantua civic and with mr

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goodman so um i just wanted to point that out to to clarify and yeah by no means do i mean to

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misrepresent anything um as you as you've referenced there's a lot of there's a lot

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of pending projects and especially given the fact that it's on the same block i can fully accept

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that i might have the incorrect address and i wasn't trying to call mr goodman out on that i

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just uh i just want to make sure we were all on the same page here because i i like i said i've

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And listen, I'm glad we are because I want to ultimately reach a consensus.

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But just so that we're on the same page, you know.

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Okay.

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Understood.

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Thank you.

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Thank you, both of you.

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Is there anyone else who would like to testify in this case?

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Please raise your hand.

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I believe my client mentioned that he had another neighbor with him.

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Is that correct?

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Yes, that's true.

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Please have that person identify him or herself with a record, spell his or her full name and address.

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Herman Strother, H-E-R-M-A-N-S-T-R-O-D, H-E-R, 4037 Brown Street.

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4037 Brown. Do you swear and affirm to tell the truth, the whole truth, and nothing but the truth?

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I do.

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Please proceed.

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Yeah, well, I was just here in favor of the project. They've taken a lot of

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blight off of the block and out of the neighborhood, period. So I'm, you know, as well as a lot of

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other people who are unable to participate in the Zoom meeting just because of the technology divide,

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but they're also in favor of the project. And that's just here to show support.

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okay thank you thank you anyone else to testify in this case please raise your hand

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no other thank you planning commission

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good afternoon board peter bernard for the planning commission

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this property is indicated for single family use on the comprehensive plan the applicant has not

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demonstrated necessary hardship uh regarding the requirements of the code the application

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