civus
Hearing video

ZBA Hearing - December 9, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Dec 9, 20206h 34m

be a hardship for the Grouse to deconvert this building back to a less dense use involving

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moving of kitchens, conversion of access, etc., etc., especially when it's been in this three-unit

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configuration um for about 50 uh 60 years um if there's no questions for me i'd like to bring on

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mr growl uh to confirm my testimony please proceed thank you uh eric if you can please

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raise your hand so you can be recognized um okay eric can you uh put your name on the record

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Eric Grau, E-R-I-C-G-R-A-U.

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Chairman, would you...

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You swear, yeah, sir, you swear and affirm to tell the truth, the whole truth, nothing but the truth?

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Yes.

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Please proceed, Mr. Hellen again.

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Eric, did you hear my testimony?

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Yes.

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Do you believe it to be true and accurate?

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Yes.

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Do you adopt it as your own?

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Yes.

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and you purchased just to confirm you purchased the property in 2005 that's correct at the time

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it was uh three dwelling units with existing leases yes and if you maintain the property

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is three dwelling units continuously for the 15 years you're in the building yes

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i i would now open it up for the board if you have any questions for me

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thank you any questions from the board no no anyone else would anyone else like to testify

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in this case if so please raise your hand we also have an additional witness who can confirm that

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it's been three units over those 15 years that the board would like to testify i don't think

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we'll need that person yet uh anyone else no hands at this time chair thank you planning commission

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um good morning cusp of the morning this is uh greg waldman um planning commission staff

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this property is zoned a two-family residential and is recommended to be rezoned to multi-family

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residential in the comprehensive plan accordingly we have no objection to the granting of the

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requested variance thank you mi2020-001296 4424 baltimore avenue my vote is yes

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my vote is yes my vote is yes my vote is yes my vote is yes thank you thank you mr

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just for clarification it is uh 4425 baltimore avenue i just want to make sure that was on the

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record did i did i miss did i misstate that i apologize it's 4425 baltimore avenue yes thank

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you we appreciate the board's time thank you calendar number one eight four five four forty

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two west queen lane good afternoon i mean good morning it is afternoon good morning it's still

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for the record and can you please spell your last name absolutely uh zenjin z-h-e-n-j-i-n 1617

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john f kennedy boulevard suite 1838 philadelphia pa 19103 here on behalf of the applicant

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

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i do you also wave and stip i do and have you emailed the exhibit packet with proof of ownership

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tax compliance refusal referral photos and plans of the property five days in advance of this

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hearing and have you met with the rco and do you have a letter yes to all questions

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and have you met with the RCO and do you have a letter? Yes to all questions. Okay great you may

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proceed. Thank you. Good afternoon. I'm going to go ahead and share with the board the information

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on this matter. This is a application for a new construction on a vacant lot. What I want the

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board to understand is that 440 and 442 are essentially two lots that are being built together.

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these are twin buildings so the number of units actually reflect it's three of each

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property so total of six the refusal is attached along with the community letter from

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solar germantown petition of support on our side photos plans now we also submitted list of

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neighbors with three to four units photographs of the neighbors and property use records of

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the neighbors. What this property is, it is a RTA1 property, which means that under the zoning

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code by right, my client can build two units on each of the lot for a total of four. However,

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what my client would like to do is to build six total units, but with the condition, of course,

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that no unit would have more than two bedrooms. The reason why my client decided to approach the

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community with this proposal is because four units, while it's by right, based on the size of

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the lot and the buildings in the area, four units actually turn out to be harder to manage

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with more additional bedrooms than if we had six units where we're restricting it specifically to

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two bedrooms each. The density of the bedrooms actually wouldn't really change because each of

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the two units would have at least three bedrooms versus three units with two bedrooms would be

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essentially a wash when it comes to the total density according to bedrooms. Now the additional

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units will be smaller with less bedrooms so that it will be easier to manage from the management

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side. These are going to be rentals and we were very clear with the neighborhood association,

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the neighbors, that this is that is the intent and that is what we see also with the neighbors

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in the area. As part of RTA1, part of the refusal also indicated six parking spaces, and we're able

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to put four in the front based on our design. What I want to do is actually show the plans first to

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the board, and then we'll address the specifics on the community's letter. So as you can see,

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the property is two buildings side by side. This is one's 440, one's 442. You'll be three units in

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each. We're trying to put in the parking spaces in the front. What is actually unique about our

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proposal versus what is existing on the block is that there isn't really consistent off-street

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parking on the block. On our side of the block, for example, it's clear from the photo of the

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properties next door that while this lot is going to put parking in the existing buildings next to

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us which are also twin style with three families in each does not have any off-street parking and

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in fact the parkings are for the most part on this side street on street this is a different angle

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you can see that the other property has a side entrance similar to what we're proposing and

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this is the other size building from our property. What we also want to point out with the design is

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that the ultimate design is to propose two bedrooms, three units. And again, this property

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will have a pretty substantial side and rear yard available to it so that trash management,

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whether it's two units or three units will be much easier than a roll home situation because

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you can access the rear space here the entire rear space by the entire building so there is

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open space in the back there's actually a 20 foot deep rear yard and the width of the property also

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allows the yard the actual width of the yard to be pretty substantial as well i believe it is

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25 feet wide and 23 feet wide, so almost 50 foot wide in width, 20 foot deep for the rear yard area

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where the trash will be placed until pickup time. The parking will be in the front. We are proposing

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a curb cut in order to achieve that. So again, the layout inside will be three total units with

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two bedrooms each, keeping the total bedroom counts to six bedrooms per building. Again,

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it's two buildings, three units each, so the mirror image of this floor plan for the other

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half of the building. We are proposing some balconies, but again, the idea was to have

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proposing some balconies but again the idea was to have some additional open air for the individual

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units if they're not using the rear yard. If that is an issue of course the balconies are not

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something that my client must have as part of the design. This is a proposed design

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based on the idea of a six unit building. I do want to also point out that this is a heavily

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multi-family block, 432, 36, 38, 44. These are all addresses which my client has confirmed

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have at least three units, if not more, with the other addresses on the block also have many that

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are at least duplex, if not more. So on both sides of our property, we're actually surrounded by

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triplex multi-family uses as well. And these are also reflected in the city records, which is

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attached to our exhibit. So we have shown that these are documented three families,

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they're not just illegally converted three families. So to address the community opposition,

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we met with the solo Germantown Civic and they did write a pretty extensive statement

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with their opposition. The key items here is that they're asking for some,

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without conceding to even agreeing to any idea of anything over a duplex what they have brought up

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a lot of their opposition was aesthetics of the project while we understand aesthetics is

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important to the community and my client was willing to negotiate without being able to move

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forward beyond we just want aesthetics without even possibility of considering six units i think

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the discussion was not fruitful and therefore we did not actually get into details with what

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could be concessions in the aesthetic side the community basically took the position they would

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rather see a single family house here than anything else which i understand but um again this is at

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least a duplex by right for each and therefore four units by right on the lot even if we were

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to build completely uh by right based on the zoning code so again i want to be clear with the

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zoning board that my client is willing and asking for a restriction on the number of bedrooms as

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part of any decision from the board that would be in support of a six unit. And if not, the final

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project would be four units. But of course, by right, the number of bedrooms would be adjusted

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according to the needs of that design. My client did try to get a petition herself for the

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neighboring property. But the issue is that they're mostly rentals. And therefore, most of the tenants

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were not willing to actually get involved with a petition in this case and both properties on both

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sides are actually set up for a triplex use on each of the house as well so that is again the

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community is in opposition i want to be cleared out again with the board but once again my client

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understand that there's no legal hardship because it's a new construction but what we're asking for

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the board is kind of a more reasonable layout for the property in the sense that six units with

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limitation to two bedrooms, no more than two bedrooms each, just makes more sense here than

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larger two units. I'm certainly happy to answer any questions from the board at this time.

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And if you want me to direct to a particular exhibit, I will be happy to do so. Thank you.

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Do you need to get your client on? Yes, my client is here by phone. Let me pull up the information

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real quick to make sure that it might be shown as a phone number.

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My apologies.

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I'm just pulling up the information.

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I have the last four digits or you can just ask your client to raise his hand.

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Sure.

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I believe I have the last four digits here.

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That's why I'm actually trying to pull up my apologies because there was a lot of information

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going through so last four digits is one six five five um it should be uh pinkus

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caller ended in one six five five you can um unmute yourself and just say your name for the record

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they could press star six

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caller you will have to press star six so that you can speak

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mr jen in the interest of time as an officer of the court will stipulate that your client

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would adopt your testimony are there any other questions are there any questions from the

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Thank you.

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Are there any other questions?

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Are there any questions from the board?

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board. No.

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No.

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No.

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Anyone else who would like to testify in this case, please raise your hand.

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Yes, Chair, we have Mr. Charles Richardson.

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Good afternoon, Mr. Richardson.

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Please identify yourself with a record.

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You're still under oath from this morning.

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Good afternoon, Mr. Chair.

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Charles Richardson from the office of Councilwoman Cindy Bass, room 312 City Hall.

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The applicant met with the RCO, and the RCO had some very specific things that they were looking for in the case that they have come out against this.

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And in fact, the Councilwoman is supporting the RCO.

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The property that is being proposed to be built looks nothing like anything that's smack dab in the middle of a block.

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And then it looks nothing like anything that is in the neighborhood at all.

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The density that they're asking for is too high.

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And, you know, if they're going to build something, they should go with their buy right, if anything else.

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But again, they need to try to conform more with what actually exists in the neighborhood,

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as opposed to trying to put something that looks totally different and is out of character

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with the properties in the neighborhood. So the Councilwoman is in objection to granting this.

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Thank you. Anyone else?

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Yes, Chair, we have a, I'm sorry, never mind.

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To address that again, Chairman, just to be clear, when we met at the RCO, we were never

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really able to get into the aesthetics because the RCO is taking a hardline position against

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any variance whatsoever.

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In the case of a by right build, the aesthetics would be what my client would be building

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based on their by right design so that is why the aesthetics were not further discussed at that

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meeting because we were not able to get past the issue of the number of units yeah thank you

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i'm sorry you can go ahead keychain i'm sorry uh we have a um miss allison but if you want to speak

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first miss tye you can no i just wanted to make sure we got allison from solo miss weiss

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Ms. Weiss, good afternoon. Please identify yourself with the record, and I'll swear you in.

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Allison Weiss, A-double-L-I-S-O-N-W-E-I-S-S.

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Thank you.

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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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Please proceed.

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Yes, we are the RCO, and we hosted the meeting, and we submitted our letter, as Mr. Jim has referred to it, but I wanted to make sure there are many community members that wanted to attend this meeting and voice their opposition, so I wanted to make sure they had an opportunity to speak.

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well they will but we're we're just not we're not going to entertain anything uh

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from everyone we want the same same message from everyone uh no disrespect if something new and

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different uh that would be helpful but if not we'll just recognize that there are other people

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who are in attendance who are be who oppose this project yes and we we do have an opportunity to

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to touch on aesthetics but the community is opposed so thank you i'm sorry i missed that

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first part about the aesthetics what was that we did have an opportunity to speak on the aesthetics

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and the neighbors were unhappy with the proposal the balconies that no other property in the

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near area so let me ask you this i mean the the mr jen said that the balconies

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were not that important they would have be willing to remove it is there is there any

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opportunity do you think there's an opportunity to have further conversation on this matter

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and aesthetics aside because that's not an issue for the board only if it is for a twin at most

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okay that's what I wanted to get at okay thank you thank you anyone else

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planning commission.

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Good afternoon. My name is Greg Walden, planning commission staff.

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This property is done to family residential and is recommended to remain as such in the

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comprehensive plan. We believe that six units is an overuse for the site. The applicant would

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The applicant would have been permitted to build four buy-write units if the lots were not consolidated.

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have been permitted to build four buy right units if the loss were not worth.

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We also believe that the proposed front-loaded parking with continuous curb cut would have an adverse impact to the block.

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Accordingly, we recommend that the requested variants not be granted.

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Thank you.

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MI 2020-001845442 West Queen Lane, my vote is no.

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my vote is no my vote is no my vote is no thank you thank you calendar number 1765

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879 marcella street

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this is sharon saletta the property owner's name is tanya solomon i believe she's representing

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herself. Thank you. Good afternoon, Ms. Solomon. She's coming in as a panelist now, Chair. Thank you.

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good afternoon

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you have two devices on

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if you can turn off the one you're not going to use okay it's off all right okay can you put your

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