civus
Hearing video

ZBA Hearing - September 23, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Sep 23, 20205h 18m

is actually 10 feet less or 11 feet less than in the upper units. So in fact, there's a shorter

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distance to get out of these units in case of an emergency than in some of the upper floors.

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I also wanted to note that this is a six-unit building. In order to pull these additional

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rental license a ceo will need to be maintained so any additional fire code improvements that

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So any additional fire code improvements that might need to be made would be made along with

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might need to be made would be made along with that

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that CO application. This property, like I said, has been used for, while it's zoned RSA 3, has

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been used as multi-family housing since 1963. The proper zoning, more in conformance with an RM1

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zoning district. Based on the size of this parcel, if it was RM1, six units would be allowed by

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right, so it's not radically out of line with the use of the property. It would be a significant

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financial hardship for this property if the owner were to lose a third of the units. This is why I

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wanted to show this. The building, when he purchased it, was not in great shape. The owner has taken

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a lot of time and effort and money to rehabilitate this property in speaking with the neighbors

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they all were very happy with the maintenance of this building since my tenant my client has taken

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over and want to see the continued maintenance and updates of this property no one's had issue

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with the tenants parking anything like that which is why I just want to mention with the civic

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association they were not currently holding meetings so what we did um this is the letter

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that went out um sorry who is the civic association which was a gnomic civic okay

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um so what we did was i talked i gave the whole presentation to the board of um of

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was gnomic civic uh and they were perfectly fine with this they were familiar with the building

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they have had no prior complaints with the existing use, which is what we're asking for,

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is how this building has been used for 60 years. We sent out this letter asking the neighbors to

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contact the Registered Community or Wisnoming Civic with any questions, concerns, support,

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opposition. I think we sent out 80 notices for this area. Approximately eight people contacted

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the Civic Association. All were in support.

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Thank you. Do you have any witnesses who wish to testify?

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I have the owner, Tim Borton, should be on the line, and I would like to have him testify.

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He can unmute himself and wait to be sworn in.

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Timothy, you can unmute yourself and wait to be sworn in.

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Okay.

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Okay.

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Tim, do you swear or affirm to tell the whole truth and nothing but the truth?

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I do.

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Name and address for the record, please, and please spell your last name.

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Timothy Borton.

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Last name is B-O-R-T-O-N.

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Okay.

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You may proceed.

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All right, Tim, I just want to confirm with you, when you purchased the property, it was

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six units, correct?

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That is correct.

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And it was represented to you as a six-unit building?

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Yeah, that's what I thought I was buying.

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Okay, and there were no garages or off-street parking present at the time you bought it?

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Not at all.

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Okay, and then I just wanted to say you've heard my testimony here today, correct?

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Yes.

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You believe it to be truthful and accurate?

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Yes.

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And you adopt it as your own?

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Yes.

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Thank you.

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Are there any other witnesses?

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I don't have any other witnesses.

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okay plan does the board have any questions no no planning commission

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ryan wendrick city planning this property is indicated for residential use on the city plan

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due to the long-standing existing layout of the structure uh we feel that there will be

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no negative impact on the surrounding area accordingly we are not opposed to the granting

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in variance. Thank you. Calendar number MI 2020. Did you want to see if it was anyone who was

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wanted to testify? Oh, I thought Jennifer just said that she had no one else. Is there anyone

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else there? I do have one person with their hand up, but David Borton. I don't know if he's related

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to the case. Can we find out? David Borton, you can unmute yourself. Okay.

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David, can you put your name and address on the record? You're here for 4525 Lardner Street?

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yes okay name and address please David Borton 90

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Yes. Okay. Name and address, please. David Borton, 9029 Ashton Road, Philadelphia, Pennsylvania,

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19136. That's B-O-R-T-O-N. And do you swear or affirm to tell the whole truth and nothing but

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the truth? Yes. Thank you. You may proceed. I just wanted to mention that I am a co-owner also,

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and timothy is my son uh everything that has been stated has been truthful and that they're

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uh i just wanted to add that to the record thank you no more hands vice chair thank you

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is sunk it and the board has no questions no no questions thank you calendar number mi 2020 000

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212 4525 lardner street my vote is yes my vote is yes my vote is yes my vote is yes

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thank you calendar number mi 2020 dash oh oh two three six eight oh one seven stenton avenue

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madam vice chair i have steve bertill returning okay

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mr bertill hi can you hear me yes i can name and address for the record uh steve bertill b-e-r-t-i-l

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1835 Market Street

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Street 14

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Philadelphia PA 19103

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Thank you. And do you

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swear or affirm to tell the whole truth and nothing

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about the truth? Yes

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I do. Do you also agree to

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waive the reading of the refusal and stipulate to its

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accuracy? Yes

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Also have you

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emailed an exhibit packet with

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proof of ownership, tax compliance

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the refusal or

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referral, photos and

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or plans of the property five days in advance of this hearing and have you met with the rco and

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do you have a letter yes to the all of them okay you may proceed thank you thanks uh good morning

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again uh mr chairman uh madam vice chair and members of the board uh i'm here on behalf of

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the owners of 80 17 stenton avenue uh hardiman hall acquisitions llc with me i have uh mr darren

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Hardiman and our architects Christopher Johnson and I believe we may also have

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Mr. Bruce Hall on the line as well. Let me share my screen.

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As I stated, I'm here to present our application and our request for variance for 8017 Stanton

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Avenue.

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We're here to request a variance for the approval of the erection of a semi-detached structure

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for use as a two-family dwelling with two accessory off-street parking spaces in the

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rear of the property.

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So in the beginning, let me just show you a picture of the current property so you get

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a sense of the current condition.

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this is this lot is on this RSA 3 as most of the lots are in the area and it

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is facing on Stanton Avenue between Gorgas Lane and Vernon Road that it's

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currently a vacant lot the current a lot area is 3,092 square feet an existing

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lot width is 24 feet and two inches.

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This is the zoning area of the property.

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The highlighted lot is the lot in question.

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And as you can see, most of the area is zoned the same as RSA 3 and RSA 2.

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We'll get into why that distinction is not necessarily impactful on this lot in a second.

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as I stated we are is that stacked parking no it's not stacked the entire

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vacant area I'm sorry I don't understand the question it's the entire what we're

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looking at or what I'm looking at is an area one part is manicured the other

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is an area one part is manicured the other part is not so is it that whole area oh i'm sorry you're

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talking about the fault this photo here yes yeah so did that entire here let me give you a better

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aerial shot this is the lot that we're referring to here okay

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So, again, facing on Staten Avenue, the proposed project in question is the erection

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of a three-story semi-detached structure for uses to family at 38 feet in height on the proposed

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plans are to have a unit of three bedrooms and three and a half baths and another unit of three

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bedrooms and three baths as you can see from the plans we are proposing rear parking on the lot

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as the street is facing the main throughway of Stanton Avenue we're

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utilizing the rendering of the project and we're utilizing brick for the

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exterior of the project that fits in the context within the immediate neighbors

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in the neighborhood as a whole. Here's a photo from the rear of the proposed structure,

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main access via side entrance, and here's the spaces for the accessory parking.

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Just so you get a sense of the layout of the proposed units,

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as you can see on the left, here let me zoom in a little bit so you can

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that's too much, David. On the left you can see unit one on the first floor in the lower level

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with three bedrooms, two bedrooms on the lower level, one in the first floor level,

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and three and a half baths. And on the right you can see unit two

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between the second and third floor with three bedrooms in total, one on the second floor,

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two on the third floor and three bags now we did meet or the the applicants met with the

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registered community group on august i'm sorry yes on august 4th uh the registered community

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organization for this uh lot is the 50th democratic ward there were concerns or uh

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critiques of the projects raised regarding the style of the building

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fitting into the neighborhood and or renters changing the dynamic of the

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neighborhood I would like to address both of those issues if you go back I'll

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go back to the a wider area so much

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of the neighborhood you'll see just to give you a sense of the use of the

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context of neighborhood when it comes to multifamily or renters this is the lot

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where my mouse is going up and down in question on the same block on the corner

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of the block you'll see a the structure here is a four-unit building address 80

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25 to 27 Staten Avenue and on the same block on the opposite corner is a two

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unit building 901 Vernon Road in addition to that but there are multi-family you

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know duplexes sort of separate throughout this neighborhood but more in addition

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to you know two multi-family structures being on the same block um not even a block away are four

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large multi-family buildings of over 10 units um per building i couldn't get the exact number

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because the zoning records weren't clear but there i were i was able to confirm that there's at

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minimum 10 per structure uh units in these buildings in addition to that over here is a

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commercial mixed-use building that has seems like it's gone through various

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changes with commercial uses on the first floor and residential and office

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uses in other and the other spaces in the structure. I believe part of it's

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used as a community center now with accessory parking. So as such we don't

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uh accessory parking. So as such we don't believe our proposed use of two units on this lot is going

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believe our proposed use

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to change the character of the building as when it relates to renters being residents in this

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neighborhood. There are renters all throughout this neighborhood and this is just in the one

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block radius of the structure. As I said if you expand even further out it's more of the same.

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What did the 50th Democratic Ward say? What was their letter?

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Here, I'll scroll down to it.

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Oh, that's the notice.

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There it is.

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Leave.

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So the war took a vote.

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There were two in support.

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court, and I believe not for housing, if this is included or on the attendees.

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So they're opposing it. Is there anyone a witness from the councilwoman's office?

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We have Hillary Emerson.

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Good morning. Yes, Hillary Emerson on behalf of Councilwoman

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sherelle parker and um do you do you swear for him to tell the whole truth and nothing about the

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truth yes i do thank you all right you're you're welcome um yeah i um i attended um the

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the rco meeting um for this case back in august i said my co-worker is still here

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i hear yeah i know um the the councilwoman um opposes um the proposal with that family use

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um of this property um we feel that it is an overusing of the property um they're proposing

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to attach a duplex um to what otherwise appears to be a single family home um and they're also

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proposing two three-bedroom units, which is, um, those are very big, um, units. Um, we don't feel

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like there's a hardship that this has to be a multi-family unit, especially given that a permit

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was issued in 2009 for, to build a single-family dwelling here. Um, I'm not sure why it was not

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built, but, um, previously that was, uh, clearly considered. Um, as counsel for the applicant noted,

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There are some multifamily in the area, particularly on the corners of the block,

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but in the middle of the block, it seems to be twin single-family homes.

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It's a very short block.

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There's not a lot to go with, but there do seem to be three or four twin single-family

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homes in a row in the middle of the block.

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We are also concerned about the bedrooms that were proposed in the basement for safety.

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and in the unit the basement is below grade. We're concerned about the the massing of the building

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while the height is the same as the other it was proposed as the other half of the semi-detached

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structure. It's significantly more square footage or volume from what we can see and that just seems

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out of character with the neighborhood. And in the design with the there is bricks which we

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appreciates but um there's there's glass and and the um i think the angular angular design is

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different than a lot of the neighborhood i feel like it's it's the community felt like it stood

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out quite a bit from what the rest of the neighborhood um there are also concerns raised

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um about having two cars parked um back there because the um the driveway is split with like

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it's elevated partway, whereas where this is at the end of kind of the elevation with a retaining

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wall. So there was kind of the neighbors were concerned about having, you know, two cars moving

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in and out of that space because it's a very narrow driveway and it has that retaining wall

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drop off. And I believe that there are neighbors here on the call here or in the meeting here to

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express their concerns. So just to summarize, well, we appreciate the applicant's interest in

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developing this space and investing in the community. Unfortunately, we oppose the

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multifamily proposed library site. Thank you, Hillary. If I could just

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go ahead. I want to address some of the comments that Hillary made, but also after addressing that,

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