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Hearing video

ZBA Hearing - September 1, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Sep 1, 20205h 27m

parking so it'll free up uh on-street parking in the area so that uh pretty much concludes

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our presentation we'd be happy to to take any questions and thank you thank you any questions

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from the board no no anyone else wish to testify in this matter if so please raise your hand

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i have no hands at this time chair thank you and planning commission good morning mr chairman and

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members of the board okay you're going to do it again yes david effecto f-e-c-t-e-a-u for the

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planning commission you're swearing firm to tell the truth the whole truth and nothing but the

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truth yes sir i do mr chairman this property is indicated for multi-family residential use

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on the city's comprehensive plan this is an existing philadelphia housing authority development

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we do not believe this proposal will have negative impacts on the surrounding area

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Accordingly, we support granting this variance.

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Thank you.

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Callum, let's see.

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MI-2020-000763.

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1300-50 North 10th Street.

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My vote is yes.

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My vote is yes.

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My vote is yes.

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My vote is yes.

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Thank you, everyone.

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Thank you very much.

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Appreciate it.

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Take care.

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Calendar number 39275, 1406 Willington Street,

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and calendar number 39274, 1408 Willington Street.

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Attorney is Meredith.

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Meredith you've been promoted to panelists you can share your screen and unmute yourself to

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testify but if you could wait to be sworn in good morning Meredith uh do you affirm and

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swear to tell the truth the whole truth and nothing but the truth I do yes good morning

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everybody for the record please my name is Meredith Ferliger with Delworth Paxson

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uh address is 1500 market street suite 3500 e or please spell your name for the stenographer

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m-e-r-e-d-i-t-h last name ferlger f-e-r-l-e-g-e-r thank you

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um i don't believe i was asked if i stipulate to the accuracy of the referral because i do not

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sorry about that okay no problem um i i do not stipulate to the accuracy of either of these

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referrals uh they both say that the request is for a rooming house or a single room residence

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the referral should have been issued for group living i will go into that just in a little bit

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of detail in the presentation because i want to make sure the board actually understands what we

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are requesting so I'll get to that let me share my screen all right so again my name is Meredith

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Ferliger of the law firm Dolworth Paxson I am here with a request for two special exceptions

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for student residences that are at the edge of Temple's campus. Properties are

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Properties are located at 1406 and 1408 Willington Street and are both zoned RM1.

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located at 1406 and 1408 Willington Street.

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The owner of 1406 Willington Street is Guesk Properties, and I do believe we have a representative

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on the call today from Guesk Properties.

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I'll call them out a little bit later.

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The owner of 1408 Willington is Temple Properties, and that is represented here today by Ricky

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Biddle.

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Ricky's company, MK Management, manages both of these properties.

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Ricky, if you can at this time hit the raise hand button so we can get you sworn in and introduce yourself.

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hi uh this is ricky biddle r-i-c-k-e-y-b-i-d-d-l-e with mk management

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mr biddle do you swear and affirm to tell the truth the whole truth and nothing but the truth

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i do thank you ricky if you can just give the board a two sentence kind of understanding

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of uh mk management and and its role um the scale of the properties that you manage in the temple

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area sure we uh we manage primarily uh temple student housing and we manage uh just over 300

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units uh in and around the temple area um not far from the two subject properties here

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Thank you. So to give the board some brief background on these two particular structures,

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they were both built within the last five years and were approved as duplex dwellings.

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Permit history you have is at tabs 12a and 12b of your exhibit packet that starts on page 62 of the

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of the PDF. Now, as the board knows, having seen many of these cases in the past, the zoning code

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would only permit six occupants in each of the two units, where the request today is to allow

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group living to accommodate the additional three occupants. So in total, there would be nine

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residents in each structure instead of six. In each structure, unit A has four residents and unit B

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has five residents. For reference, you do have floor plans of each structure in your packets

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at Exhibit 5A and 5B, which begins on page 32 of the PDF.

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The structures are each just under 2,500 square feet, and they have nine bedrooms and six

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bathrooms. Each living unit has a kitchen and a laundry facility, and the structures are,

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of course fully sprinklered, having been built just within the last five years. Now with respect

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to the applications, we received one referral for each for the proposed group living use. Now the

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examiner wrote these referrals for rooming house or single room residences. So if the board will

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refer to Exhibit 11, which begins on page 56. I'll bring it up on the screen.

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You'll see that Section 14601 of the Code provides a definition of a single room residence.

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This is defined as a building containing rooms rented as living quarters without private

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bathrooms, such as dormitories or rooming houses. Alternatively, a group living use

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provides communal kitchen and dining facilities, such as fraternities or group homes. Now, Ricky,

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are these rooms rented independently to your tenants?

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No, we rent both units as a unit, not as individual rooms.

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Okay. Now, I did dispute the characterization with the zoning examiner for several weeks,

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But because both of these categories would require a special exception, the distinction is not critical.

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However, I just want the board to understand that the proposed group living use is identical to the many other cases that I have brought before this board previously, which were all issued as group living, not as single room residents.

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As is required by Section 3037E.1 through .3 of the Zoning Code, the proposed group living use

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does meet the definition of a use permitted by special exception in the RM1 Zoning District.

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Furthermore, the proposed use will not cause specific detrimental impacts to the neighborhood

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beyond that which might normally be expected from the proposed use. The proposed use has

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The proposed use has not and will not cause congestion in the public streets.

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not and will not cause congestion in the public streets.

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The properties are both located at the edge of Temple's campus just south of the Leopold Center

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and are located within walking distance of several public transit spots.

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The existing occupants generally travel primarily via foot or via bicycle.

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Continuation of these uses has not and will not cause overcrowding.

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As mentioned, these buildings are each about 2,500 square feet and have one bedroom per proposed

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residence, so a total of nine bedrooms, and six bathrooms. Each of the bedrooms varies between

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104 square feet to about 158 square feet. As you'll see in your packet at tab 12C,

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which is starting on page 65. This block of Willington Street is made up of many other

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similar uses such as two, three, and four family dwellings. In fact, directly across the street

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at 1400 North 16th Street is a 48 unit apartment complex. So this is a uniquely dense area even

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compared to some of the other cases that I've brought before the board in the past.

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Furthermore, both of these lots have a history of high-density uses.

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Exhibit 12A shows that 1406 Willington was historically a four-family dwelling,

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which may have accommodated up to 12 occupants.

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Exhibit 12B shows that 1408 Willington was historically a three-unit,

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which would have permitted the nine occupants requested today.

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Furthermore, given the lot sizes of these two properties, three units would actually

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be permitted on each. If the board refers to exhibit 11, which begins at page 53, I've

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brought it up on the screen, you'll see the breakdown. So the requested number of occupants

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here is actually permitted based on the lot sizes. We're only here because the nine occupants

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are in two living units instead of three. So we do assert that the proposed and existing density

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is well in line with the history of the lots, the permissible number of units under the zoning code,

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and the character of the neighborhood, and will therefore not cause any overcrowding.

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These uses will not impair light and air to adjacent properties as no physical changes are

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proposed. The structures are three-story attached buildings that are uniform to the surrounding

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properties. The uses will not burden any public facilities as the uses are existing and the

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facilities are capable of supporting continued use. The uses will not impair adjacent properties

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which all have similar or much higher densities than that proposed. The proposed use will not

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endanger public health or safety nor is it inconsistent with the comprehensive plan.

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This area is zoned RM1 and is specifically contemplated for multifamily residential use,

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particularly the nine occupants that are requested.

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The proposed use is in keeping with the impacts that are normally expected from the proposed

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use and is specifically contemplated as an allowed use in the RM1 zoning district.

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Now Ricky, can you just briefly give the board an understanding of both the sanitation

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measures that are employed for these two structures, as well as just generally your

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company-wide sanitation. And you are muted, so you'll have to go ahead. Sure. Thanks, Meredith.

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We design these two particular buildings have trash corrals under the front stoop that allow for

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trash bags or trash cans to be placed under them. And any buildings that we take on or design,

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we design with specific trash areas to be stored off street we additionally have a we have a full

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time employee with a street sweeper that goes up and down our streets to clean the fronts of any

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blocks that we manage including under the trash corrals and in and around the front of the property

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thank you um excuse me this is sharon seleta i had one question it's ferlinger if the board

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should approve this do you believe there should be language clarifying that it is a group living

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facility i i believe so uh group living would be a more would be a more general category so i think

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it would be wise if the board is so inclined to approve these um that it that it should be

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understood that it's the the more broad category and not the specific

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single room residence so something stating perhaps proviso

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So something stating perhaps proviso uses properly categorized as group living, would that?

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uses properly categorized as

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That would be fine. Thank you. Now before I conclude, I need to address an issue the board

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is likely to raise. Each of these structures does have bedrooms in the cellar level. However,

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for several reasons, I'm going to implore the board not to issue its common proviso.

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let me explain first of all if the board refers to me yeah did you bring up a floor plan yeah sure

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all right so for this is 1406 willington um i will i'll highlight what i'm about to explain

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for you, and then I'll go to 1408. So first of all, if the board refers to Exhibit 12A,

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you'll see zoning history for the properties. When the structures were originally built,

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the zoning application specifically did list these bedrooms in the cellar level.

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So they were not only approved through zoning, but then of course they went through the building

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permit process and were specifically approved with these bedrooms. So if you'll see, there is

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the front bedroom and here's the egress for that. There is bedroom here that has an egress here

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and then there is the bedroom here that actually has a sliding glass door that provides access

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into the rear. Same thing for 1408 which is just reversed. So front bedroom here

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with egress there, middle bedroom here with egress into the rear, and again the

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rear bedroom with the sliding glass door. So of course each of these bedrooms has

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light air and proper means of egress and does comply in full with the building

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code having just been built within the last couple years. Now, most importantly, and this is

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going to be somewhat unorthodox, if the board refers to exhibits 8A and 8B, which start at

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page 40 in the PDF, and I'll bring them up, you'll see the results of two prior cases this board has

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heard within the last year year and a half for 8a this was 1838 north 16th street now the board

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denied this one specifically because of the bedrooms in the basement this was actually one that

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was a walkout basement and the board did deny that one on appeal the court reversed it

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and you'll see the court decision there that was just issued uh december of 2019.

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Now, even more telling to this issue is the next one, which is 1700 West Norris Street

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at Exhibit 8B.

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Now, in that case, the board granted the special exception.

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However, the board did issue the proviso for no bedrooms in the basement.

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I specifically appealed that proviso in that case, and the court reversed it.

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I would, of course, be happy to share with the board the legal reasoning for the court's reversal of the proviso, which would, of course, apply equally in the cases that you're hearing today.

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But generally speaking, it did turn on the board's authority under the zoning code.

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But more importantly to these cases, it centered on the uniqueness of a request for a special exception.

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and the fact that when we're asking for a special exception, that request would apply to the

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structure as a whole and wouldn't be broken down individually for different parts of the structure.

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So we are imploring the board today to grant the request for a special exception without proviso,

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both due to L&I's explicit approval of these structures as they exist today, as well as the

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court precedent that this counsel has established and presented to the board.

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We're imploring you not to make these two owners go through the

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time and expense of an appeal given the likely result that the

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court has seen here today. So we do therefore assert that we've met the

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requirements of Section 3037E.1 through .3 of the Code concerning

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entitlement to a special exception and we therefore asked the board grant our application.

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With respect to the community, it feels like a lifetime ago but we did meet with Matt Polistic

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along with representatives from several other area groups including community land trust.

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along with representatives from several other area groups, including Community Land Trust, back in February.

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Matt did issue a letter of support, which you can find at tab 14, which begins on page 84.

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They did also issue a letter.

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Ricky, if you can unmute.

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ricky have you heard all of my testimony here today before the board i have and would you agree

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that that testimony is true and accurate and would you adopt that testimony as if it were your own

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i do and i would and could my representative i don't know given the time who is on the call

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right now could my representative from guest properties uh raise your hit the raise hand

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button and identify yourself? You can unmute yourself and speak. Yes, this is Gua Nui Xu

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from Gas Property LLC. Please, sir, please identify yourself for the record. Spell your

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name. First name G-U-A-N-H-O-N-G. Last name X-U. Do you swear and firm to tell the truth,

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the whole truth and nothing but the truth yes i do please proceed mr you have you heard all

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of my testimony here today before the board yes i do and would you agree that my testimony was

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true and accurate and would you adopt it as if it were your own yes thank you and with that we do

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ask that you grant our application we're happy to answer any questions questions from the board no

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no no no no anyone else who wishes to testify in this matter if so please raise your hand now

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no hands chair planning commission mr chairman and members of the board these properties are

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indicated for multi-family residential use in the city's comprehensive plan the applications

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match the pattern of existing development on the block accordingly we have no objection to granting

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these special exceptions thank you before i call for the vote sharon did you want to give us some

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language regarding the group living um yes if you approve it it should you should include a proviso

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stating um uses properly categorized as group living

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calendar numbers 39275 and 39274 1406 willington and 1408 willington street my vote is

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yes on both with the proviso uses to be categorized as group living my vote is yes

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