civus
Hearing video

ZBA Hearing - December 21, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Dec 21, 20225h 24m

the code and have a functional floor plan of any sort. So again, that's an easy one in terms of

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meeting our burden. And then the third one has to do with the height. Technically under CMX2 zoning

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we're required to have no more than 38 feet in height. Again a technicality they're counting

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Again, a technicality, they're counting at 63 and a half feet in height. We're really 53 and a half feet at the roof line. But again, we treat this more akin to a CMX two and a half zoning where we would be allowed 55 feet in height.

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as 63 and a half feet in height. We're really

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Also, we're on a triangular lot where we have no neighbors.

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So we're not taking anyone's light and air away.

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And because of the unique nature of the configuration a lot, we do need additional height just to be able to fit reasonably units in the building.

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So here's a letter of support from the People's Emergency Center, CDC.

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As you can see, this was a well-attended meeting.

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We had 12 individuals attend, separate and apart from the presenters and the board members themselves, and we received unanimous support.

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And, you know, in the last paragraph, they stated, as such, we are in favor of this project.

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The applicant has been an active community stakeholder that provides a safe space to gather in our neighborhood.

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We are confident that this project, as proposed, will be an asset to the community.

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Again, this is someone who has been in this community for over 50 years.

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The Furman family is well known in this part of West Philly. They're not going anywhere. And the fact that they're also making sure that their restaurant, which is an institution in this part of West Philly, stays there in this new proposed building structure, and that they're providing affordable housing to, again, a community that needs it.

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and reasonable housing to their aging population,

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they were well in support of that.

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And again, that's why,

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and I don't know if Mr. Goodman's online,

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but, and I haven't seen a letter of support,

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but that's why my understanding

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is why the council members in support of this as well.

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And then the petition.

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So my client made a concerted effort to,

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before the meeting,

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to meet with as many individuals as possible,

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explain the project.

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And through that, she generated much support.

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So excluding their property, they had 25 other individuals in close proximity to us sign a letter of supporting their project or a petition supporting their project.

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And this is the backup. These are the actual signatures.

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And then again, we're on a commercial corridor of Lancaster Avenue.

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We're also on Spring Garden and 39th Street.

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But you can see we're literally on an island.

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So the height variance that we're requesting is appropriate under circumstances because we're not taking anyone's light in there.

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Given the unique configuration of the property, too, requires these dimensional refusals as well.

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And as far as the density requirements, again, we believe we should be treated more as a CMX 2.5 property than a CMX 2 property.

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And under those circumstances, we still fall so much short of the density requirements, but we're also, as a tradeoff, providing for that additional density, affordable housing by way of de-restriction of two units.

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And then, as you can see, we're a commercial quarter, and this commercial quarter really does need density in order to, you know, revive itself.

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And these 16 units will help in that endeavor.

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And then photographs of the property.

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So 3901 Lancaster Avenue from Lancaster Avenue, from Spring Garden Street, from North 39th Street.

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So we're a five-story structure.

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But, you know, let's go first, the orange notice posters, proof of those orange notice posters being posted within a lot of period of time.

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Lancaster Avenue to the right of the property.

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Lancaster Avenue to the left of the property.

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you can see this is the five, I was going to mention a five-story structure. We're a five-story

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structure. So it's not uncommon to have five-story structures here. So the scale of this part of town

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in some ways is not out of character to what we're requesting similar. And then Spring Garden Street

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to the right of the property, Spring Garden Street to the left of the property, North 39th Street to

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the right of the property, North 39th Street to the left of the property. And again, I just wanted

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to show this. This is a great example of the height that we're looking to have. I can't tell

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you how high it is, but it's not 38 feet. It's probably more in line with what we're looking at

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at the 53 and a half feet roof line. So again, the fact that we're on a triangle on an island,

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we're not taking anyone's light in there in comparison to something like this, which is next

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door to other structures, which would take away people's light in there. And then our plans and

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drawings like again design blends which is one of better known architecture firms in the city

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is handling this project which shows the seriousness of like the Furman family they

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really want they just don't want to piecemeal something together they want to make something

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that's very special generational that's going to outlast this generation of Furmans so again you

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can see that we're a triangular shaped lot and you know we have our challenges but we also have

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ability to have a lot of light and air for our residents as well. And then you can see from here

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uh for our residents as well and then you can see from here the site plan again we basically

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to cite.

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take 100 percent long coverage which again is not dissimilar to what we have right now

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with the current building structure uh you can see uh again we have three streets 39th street

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lancaster avenue and spring garden streets uh you'll see here from you know the uh site plan

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there's an elevator here which is important obviously code required but also important

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because with this aging population,

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these one-bedroom units are going to be helpful

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for people who don't want to live in these row homes anymore

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who now have a place to stay with these one-bedroom units

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where that inventory is not there yet in this part of town.

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And then this is just the elevation again,

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just to highlight this.

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We are at 53 1⁄2 feet.

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Just the way the pilot houses are situated,

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that's where it's counting the actual pilot houses

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as part of the height calculation but we're not 63 and a half feet we're 53 and a half feet for

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all intents and purposes and then uh that's the site plan from another uh perspective and then

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this is just the floor plans so this is the floor plan uh for the basement um as you can see there's

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this is all for the commercial space the kitchen's down there there's storage for the commercial

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space but you can see most importantly and there's bike storage down here as well but most importantly

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what you'll see or not see is residential space down there you know we don't think it's appropriate

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to have residential space especially given the confines of this of this project and then this

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is the first floor plan so you can see the primary access points for the well for the commercial

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component would be right here on the corner where Spring Garden and Lancaster intersect.

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There's 50 or so seats for the restaurant, and there's nine seats at the bar.

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The primary point of access for the residential component is the 39th Street side, where there's

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lobby area where the elevators here also a particular note uh is there is uh there is a

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utility uh room for trash um and there's direct access uh oops i'm sorry there's a direct access

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for trash uh for commercial pickup which obviously will be here given the amount of units in here

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but they really had a thoughtful design in making sure that trash was stored appropriately and

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disposed of appropriately. And then you'll look at the floor plans. Floors two through five have an

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A, B, C, and D. Each are one bedroom, one bath. There's two ways to get, you know, there's three

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ways to get to each floor. You can take the elevator. There's two sets of staircases, one on

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the corner of Spring Garden and 39th Street. And then there's one staircase on actually Lancaster

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and obviously it's the elevator. You come on the landing, unit A is a one-bedroom, one-bath.

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Unit B is a one-bedroom, one-bath. Unit C is a one-bedroom, one-bath. And unit D is a one-bedroom,

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one-bath. There's really a scarcity of one-bedroom apartments in this part of town that's

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geared not to the college students, but actually the residents who live there.

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And then these are just the floor plans, the typical A units. Again, we went over the typical

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B unit. We went over all one bedroom, all one baths, and all spacious. And then unit C, same

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thing, the typical C floor plan, this typical D floor plan. And then just again, just looking at

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the elevation from different angles. This is the Lancaster side. This is the Spring Garden side.

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It's a mix of materials between brick and composite materials. And then this is our notice

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at this well-attended meeting October 4th of 2022. We sent that notice to 102 addresses.

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These are the addresses we sent it to, proof of mailing to those addresses,

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our application for appeal,

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our notice of refusal, our project information form, our deed to the property showing the

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Vermin to own it. And then I'm not going to bore you, but this is the payment plan. I had

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Ms. Emerson review it to make sure that it was within compliance to making sure that we're tax

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compliant. And my understanding that is correct, that we have a valid payment plan for both

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properties. With that being said, I'm going to stop sharing my screen. I'm going to ask that

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either Joy or Florence Vermin virtually raise their hands. They can be sworn in and then they

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that they adopt my testimony as their own.

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

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Florence Furman, F-U-R-M-A-N, Furman.

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

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Yes, I do.

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Proceed, counsel.

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Yeah, Mrs. Furman, you heard everything I had to say about your project.

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Yes, I did.

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And is it true and correct?

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Yes, it is.

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And do you adopt it as your own testimony?

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Yes, I did.

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Thank you very much.

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Questions from the board?

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No, Mr. Chairman.

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No, Mr. Chairman.

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Questions or comments from the virtual audience?

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Mr. Chair, I have a hand up from a KC Bechtel.

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I've allowed them to speak at this time.

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Okay.

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

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my name is casey bechtel c-a-s-e-y b-e-c-h-t-e-l right do you swear or affirm to tell

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the truth the whole truth nothing but the truth i do are you a neighbor i am i live on 39th street

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okay proceed a couple houses basically the same block so i live on the same block as this building

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and the building that is currently there is extremely unsafe the pictures do not do it

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justice uh the sidewalk on spring garden street side it has variations in uh the the sidewalk is

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uneven because of the tree by at least six inches depending on where you're walking so you can

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easily trip and fall it's very dangerous last year a piece of the cornice a metal decorative cornice

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was swinging i understand the conditions the question would be it's hard how do you stand

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with the new project i support the new project 100 only because of how unsafe and afraid i'm

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just afraid to walk near the current building okay only because of that i am concerned that uh

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I just don't want the new building to be as poorly maintained as the last one.

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We understand your comments.

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Thank you very much for calling, and we appreciate your comments.

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Is there anyone else in the virtual audience?

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Yes, sir.

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Marlo Taylor has a name.

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I don't have any time.

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

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Yes.

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Good afternoon, Mr. Chairman.

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My name is Marlo Taylor.

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M-A-R-L-O-T-A-Y-L-O-R.

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All 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.

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Are you a neighbor?

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Yes, sir.

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Proceed.

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I am very supportive of the project.

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It would be really nice to have an upscale restaurant in our area because there's not many of them.

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And I am approaching the age and population, so I really appreciate the thought of them having one-bedroom unit for the seniors in the neighborhood.

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I think it would bring a lot of aesthetic to the changing neighborhood.

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Thank you so much for calling in. We appreciate your comments. Is there anyone else in the virtual audience?

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Yes, Mr. Chair. Ms. Catherine Hopkins-Bott has her hand raised up.

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Okay.

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

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Yes, Catherine Hopkins Bott.

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K-A-T-H-E-R-I-N-E-H-O-P-K-I-N-S hyphen B as in boy, O-T as in Tom.

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And I am in favor.

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I'm sorry, sir.

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All 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.

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And you're a neighbor?

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Yes, I live at 426 North 39th Street.

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Okay.

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I am in favor of the project.

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Well, thank you for calling in and we appreciate it.

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Thank you very much.

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Is there anyone else in the audience?

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No, sir.

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There are no other hands.

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Planning Commission.

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Thank you, Mr. Chairman and Board Members.

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David Fecto, City Planning Commission.

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the comprehensive plan recommends a change in zoning at this location from commercial mixed use

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2 to commercial mixed use 2.5. Even under the proposed zoning, the proposed height would not

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be the minimum necessary to provide relief. The applicant could achieve 13 total dwelling units

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by applying for the mixed income housing bonus, so 16 units is not the minimum necessary to grant

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So 16 units is not the minimum necessary to grant relief.

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relief.

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The mixed income housing bonus is an enforceable mechanism to guarantee affordable units within the building.

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The City Planning Commission recommends that the Board deny the proposed use variances for this proposal.

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Thank you.

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