civus
Hearing video

ZBA Hearing - December 15, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Dec 15, 20214h 39m

and Mr. Anastasia if I could ask that question now it has to do with the provisos stated in the

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letter. The neighbors have included what they're calling provisos, which are support for two single

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family dwellings, minimum 16 feet wide each, only with garage and no setback. Do the plans as you

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are now presenting them meet all of those requirements? I believe they do. Ian Toner,

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who's the architect on the project, is present. I would ask him to raise his hand so he could be

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recognized please and i ask because if if the plans are as presented are consistent with those

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requests then there would be no need for provisos thank you very good

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is mr toner still with us

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was anyone from the architect of toner architects still with us

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mr toner if you're in the virtual audience please raise your hand

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i know he was Daniel Kostenski with his hand up Daniel's my uh he's my client

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I know he was here.

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and Daniel could speak to the plants as well because uh Daniel actually resubmitted these on

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on his own with Mr. Toner so if you would be kind enough to uh

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acknowledge him and allow him to speak thank you Mr. Kostenski you can unmute yourself or wait for

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the chair. Daniel, state your name and spell it for the court reporter. Sure. Good day. My name

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is Daniel Kostensky. D as in David, A-N-I-E-L as in Larry. Kostensky, K as in Kilo, O, S as in

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Samantha, T as in Tango, I, N as in November, S as in Sierra, K as in Kilo, Y as in Yankee.

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Thank you. 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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Proceed.

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Thank you, Mr. Chairman.

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Daniel, do the plans as we are presenting them accurately reflect the provisos that the RCO has asked for?

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Yes.

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So actually, the architect here is Logan Dry.

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I don't believe he's with us.

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I'm sorry.

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No problem.

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I call that the wrong architect.

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It's okay.

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I don't think Logan's here today.

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As far as I know, I don't think he has.

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But anyways, yes, the plans, I oversaw all the plans throughout the process, and these plans do accurately reflect the, you know, the proposal here today.

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These are two single-family homes.

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They are over 16 feet wide, as requested.

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The total lot width, I believe, is 35, so that would make these approximately 17 and a half each in width.

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They are indeed four stories.

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They do indeed have a front-loading garage, and they do not have a setback, although actually there is no refusal for a setback because L&I did not issue one, and they said that actually it is allowed per the code with no variance or anything needed.

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That's right. Thank you. And my apologies. One of the, I guess, downsides to having so many cases is that you forget who your architect is on which property.

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So my apologies, Mr. Chair. Okay, so questions from the board?

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No, Mr. Chair.

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No, sir. Questions or concerns from the virtual audience?

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Chair, there are no hands up at this time. Thank you very much. Planning Commission.

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Good afternoon. David Fecto, City Planning Commission.

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Mr. Chairman, members of the board, the comprehensive plan recommends no change in the

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residential single-family zoning at this location. While the proposed front parking does match the

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character of the block, there is no unique physical condition of the lot that would prevent it from

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being used as one single-family home. The proposed two 900-square-foot house lots would be out of

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character with the lots on the block of North Capitol Street, which range in size from 1,800

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to 1,900 square feet, we recommend that the board deny the use in dimensional variances.

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MI 2021-003-752-730 North Capitol Street, I vote yes.

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Carol Tenere, my vote is yes.

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Jake Snell, my vote is yes.

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Thomas Holliman, my vote is no.

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thank you very much thank you okay so we're going to move right into the 3 30 meeting

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um

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tonda do i have to do the preamble again yes chair okay my name is bill bergen and i will be chairing

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this this meeting of the zbo zba hearing board members with me our vice chair carol tennery

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present thomas holliman board member

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present james snell board members there's only board administrators here tanya sunkett board

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Attorney Sharon Saleta. Our virtual format is first be advised the proceeding is being recorded

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by participating. You acknowledge your agreement to be recorded. The video will be available by

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by contacting our Board Administrator Tanya Sunkett at tanyasunkett at phil.gov. Second,

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for the benefit of our court stenographer, we ask attorneys and witnesses to identify

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to identify themselves prior to speaking or testifying.

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themselves prior to speaking or testifying third if you're part

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Third, if you're participating by phone and you wish to testify,

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raise your hand by pressing star 9 and star 6 to unmute.

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To enter an appearance statement, call 267-270-5548.

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Leave your email address and address of the property in question.

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and fourth please take note that the question answer box is not for testimony or comments

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any comments should be directed to tanya sunkett um our continuances for this part

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portion of the hearings i have let's see here the number

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let me see here i'm sorry

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Does anyone have any

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contingents here?

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I see number one, Chair.

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Number one, okay.

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MI 2021

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003109

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1227 South 4th Street

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applicant's attorney

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request a continuance. Does anyone have a problem with that being continued?

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I see no hands at this time, Chair. Any other continuances?

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Chair, we have Henry Clinton with his hand up. Mr. Clinton,

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you can unmute yourself and wait for the chair.

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Good afternoon, Mr. Chairman, Henry Clinton.

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Mr. Clinton, just state your name. You already have been sworn.

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Sure. I have a continuance. I think it's the last one in your list.

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6147 Osceola Street.

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Got it. Okay. All right.

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Continue, but must be heard the next time.

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Understood.

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Number one also must be heard.

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Excuse me, Mr. Clinton, would you like that to be continued attorney moving party

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if you're contemplating filing an amended application?

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Yes.

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Thank you.

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Thank you, Ms. Soletto, for the suggestion. I appreciate that.

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Thank you.

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Number two, MI 2021-00551-1618 North 54th Street.

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RCO Haydensville Civic Association, letter of no agreement has been reached.

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Mr. Consolet is the attorney.

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Okay. Chair, Mr. Consul is coming back in as a panelist now.

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Good afternoon, board. How are you? Please state your name and spell for the court reporter.

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Joseph Consul. That's C-O-N-S-O-L-E. It's Consul Madison, LLP, 1 West 3rd Street, Suite 204,

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media at Pennsylvania. Thank you. Do you swear or affirm to tell the truth, the whole truth,

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and nothing but the truth? I do. Our vice chair has a few questions for you. Hi, Mr. Consul. Do

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you agree to waive the reading of the refusal and stipulate to its accuracy? I do. I'm assuming

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you've submitted everything in the exhibit packet. That's correct, Carol. You may proceed. Thank you.

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All right, let me bring my screen up here.

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My packet. All right. Good afternoon. Good evening. Joe Consul here on 1618 North 54th Street.

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I'm trying to make this a little bit bigger. The property is owned by 54th Street Holdings, LLC.

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see i'm here with uh two of the members of the company mr roman of rutski and uh tyler willis

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they're both on the call and will speak to my presentation at at the end um this property

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at 1618 north 54th street is on 54th street uh between um lancaster and lansdowne avenue

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It is a vacant lot, as you can see looking down the road, on a stretch of 54th Street that has many vacant lots.

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At the end of the block is the Redemption Baptist Church.

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Across the street is the Edward Heston Public School.

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The property, as I'll show you on Atlas, is zoned RSA 5. It is a 3,960.

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It is a 3,962 square foot lot.

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The block itself has significant RM1 properties on it, as well as the properties across the street are zoned RM1.

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uh the other properties on this block um there are no single family homes 1612 and 1614

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uh both have multi-family variances although they're empty lots um 1616 which is the property

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to the one side of us i'll bring up my my packet here to show you that is a property that is owned

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by my clients, as well as the property to the other side of it, which is 1620. And this

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is just showing you that that work's being done. So 1616 was approved by the ZBA for

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12 units, and 1620 was approved by the ZBA for 11 units. And my client was recently able

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to acquire the property in the middle, which is the property we're here for today, 16-16.

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Bringing up the plans, the developer is seeking, here are the floor plans, seeking 12 units.

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That's four, I'll zoom in a little bit here.

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it's four bi-level units on the lower level and on the first floor and those are all two bedroom

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units and then on the second floor would be four one-bedroom one-bath units and on the fourth floor

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would be four one-bedroom one-bath units identical to the other properties on this block 1616 and

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1620 the height will be less than 38 feet and um we believe that uh we have we have a good case for

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for granting this variance simply um for the idea that um it's it's putting a single family on this

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block does not make a lot of sense considering it's it's a block of approved multi-families

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and also we have the benefit of owning the properties on either side which will allow for

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uh bi-weekly or whatever is needed trash pickup um off of hunter street because they're they're

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um they're building in the construction of 1620 on the corner they're creating access to the back

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of that property as well as to this property 1618 and the property they own past it 1616 to be able

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to pick up all of the um all the trash for trash day and there will also be uh accessible uh backyard

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for all the tenants there to store trash

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in locked dumpsters for trash day.

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We, let me pull my packet back up.

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The client's plan here is to make eight units

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of this property affordable housing for senior citizens.

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The remaining four units, the bi-level units,

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in, as you can see in the support letter

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from Councilman Curtis Jones' office,

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as well as in the support letter

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from the pastor of Resurrection Baptist Church,

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Robert McFadden,

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they are seeking to have some input

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in the folks that would be applying

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to be tenants for the four bi-level units.

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We did meet with the RCO.

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Let me get down to their level,

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up to their letter. So we did meet with the RCO, as I mentioned, and they basically submitted

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a letter which states that they wanted more clarity from us. We have reached out to them.

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We met in June. We reached out to them three times since then, seeking a follow-up meeting.

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I have the email correspondence here from Sheila, from the RCO, seeking follow-up meetings three times.

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This was our second attempt and a third attempt.

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The only response we got was a great thank you and a received from the RCO.

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We couldn't get another meeting on the calendar.

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At the meeting that we were at, we found support for development generally, but they wanted what they described as more clarity.

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And in a letter that they sent to the ZBA yesterday at 11 o'clock at night.

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to uh the zba yesterday at 11 o'clock at night um they uh state that they were seeking uh six

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things the first meeting with the owner for clarification um i mean they they have our

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zoning plans and our architectural plans um so we're not sure what for the clarification

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uh that they were seeking um request for renderings for review they have our plans

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uh next they asked for approved plot plans and approved site plans we're here seeking approval

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uh so we we weren't able to provide them with that um they request a surveyor for construction

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ongoing i was unsure as to what they meant by that and um they they stayed in here that they

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haven't met with us after that initial meeting, which is true, but we have the proofs to show

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that the developer and his team reached out several times to try to schedule a follow-up

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meeting. And we had been unsuccessful with that. And then also yesterday, as I had mentioned,

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we, if I can find it real quick, here it is, we got the letter of support from

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Curtis Jones, the councilman's office. He met with the developer. We had been in contact with

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his office off and on, but last week they spoke about the property, and the councilman was in

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support, wanted us to work with the Civic and the Baptist Church to recruit possible tenants,

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um but ultimately we got their support and that letter should have been sent over directly

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uh if it wasn't i can include it and here it is and then we also have a letter of support

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from the pastor of the church on the block um which that's that's what we have um i discussed

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the trash we've got plenty of space for that out back um we don't believe parking is going to be

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an issue um both because we're uh seeking seniors to provide affordable housing for seniors and also

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um just uh driving around we we don't believe that there'll be an issue for potential tenants

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to find parking um and so in conclusion the this side of 54th street is mostly vacant except for

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the work that my client's doing on the block the RCO the council person and ZBA have approved 1616

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and 1620 which are similar sized lots for a similar number of units putting a single family

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home on a 3900 square foot lot between two apartment buildings we don't believe makes sense

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especially when you consider that a large portion of this side of the block and across the street

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is zoned RM1. It would be the only single family property on the block. We have councilman's

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support. We have support from the local community leaders. And with that, I'll call my client,

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Tyler Willis, to adopt my testimony. Mr. Willis, you can unmute yourself and wait for the chair.

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Hello, can you hear me? Yes. Could you state your name and spell for the court reporter?

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Tyler Willis, T-Y-L-E-R-W-I-L-L-I-S.

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

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Yes, I do.

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Good afternoon, Mr. Willis.

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