civus
Hearing video

ZBA Hearing - January 31, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Jan 31, 20244h 17m

none of those buildings have pilot houses on it none none not one whatsoever i owned the

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previous building on 2200 and south street which is presently now ants pants cafe i sold the

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building i was limited to three units in that building three units not five but three right

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okay um thank you sir test is very important to have that released all right okay thank you

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thank you very much for taking the time to pause um are we done with the hands yes chair okay mr

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mr chair can i briefly respond you can mr not okay so in terms of any soil testing um and this

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is not zoning related but as i stated excuse me a state and a community meeting if we're lucky

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enough to be able to build um here um as part of the construction loan uh approval process the

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lender is going to require of us to do a phase one and if potential a phase two testing and

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remediation. But that's not something related, but I just wanted to state that that was discussed

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at the community meeting and we explained what would happen. In terms of the trash,

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it was asked of us from the community to store the trash inside. We were perfectly willing to

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store the trash outside. We are doing commercial trash pickup. That's a proviso that we would

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agreed to. The community asked us to store the trash inside. We created ventilated trash closets

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in each of the five residential units. As far as the commercial unit, there's the lower level,

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which is ample space to store the trash. But again, we're using commercial trash pickup.

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In terms of the economic viability of this project, we cannot build it with three. Unfortunately,

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with rising interest rates, they're going down a little, but they're still very, very high.

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cost of construction, it just is not economically feasible to do this.

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In terms of, you know, all of the modifications we made to the project at the behest of the

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community and nearby neighbors, I think that was acknowledged by a number of people.

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It sounds like some people, like, again, this deal was made last night because we only found

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out about the letter, like, yesterday, and so we diligently pursued that. If, you know,

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the community and wants to review that letter i mean those changes i would ask that the board

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hold their vote let the community maybe give some other further input a week from now and and then

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the board can vote but we've acted really in good faith here over multiple community meetings inside

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and outside all right thank you um council david or do you want to you want to make another comment

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And not fact, though, the attorney.

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Thank you, board chair.

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No, we have nothing else to offer at this time.

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So, Hillary, I am going to hold this.

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And maybe the two councils can figure a way to have this information reviewed by additional people.

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So Planning Commission, do you want to vote on this today or will you want to wait till additional information comes back?

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Planning Commission, do you want to vote on this today or will you want to wait to additional information?

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Sure, we'll go on record.

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Okay, please proceed.

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All right. Thank you, sir. And good morning, David Effecto with the City Planning Commission.

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Chair and board members, the comprehensive plan recommends no change to the commercial mixed use zoning at this location.

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The appellant seeks two additional dwelling units, additional occupied area and a smaller rear yard than the code allows.

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Since the appellant is proposing to demolish the existing three-story structure, there is no reason why the appellant could not conform with the code's dimensional requirements.

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There is no unique physical condition or circumstance of this property that would prevent it from being used in conformance with the zoning code.

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The City Planning Commission recommends the board deny the proposed variances for five dwelling units, occupied area, and rear yard setback.

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Thank you.

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So, Hillary, what I want to do is hold this.

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i think we might need more than a week possibly um let's look at maybe two weeks

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um yes i think that would be fine mr chair and the other thing is i mr chair would you would

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you prefer maybe a resumption hearing so we can have the attorneys report back and what i thought

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about from the community we we could do that we could do that that may be easier why don't we do

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a resumptive hearing but but try to limit it that it'll be the two attorneys reporting out

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and maybe you know the neighbors on where they where they stand now i mean i don't right after

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reviewing the changes right i think i think that would be and i i believe that date would be um

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and if staff could affirm i believe that would be february 14th at 9 30 yeah we could do a resumption

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um and that would be again limited to the the attorneys just following up with the board

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regarding any further discussions with the neighbors and we could take public testimony

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only regarding the changes um that were made you know within the last 24 hours

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mr knock i'm saying are you okay yes all right uh mr anna karner are you okay yes thank you

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All right. OK, so that's where we are. We'll continue this to February 14th, 930.

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We'll have this reported out and we'll try to get that voted on that day. OK.

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Thank you very much. Thank both of you. All right.

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Number nine, MI 2023-006-623-3408-50B Street.

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Rachel Pritzker is the attorney.

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There's a letter of non-opposition from HACE, a letter of support from the 7th Ward RCO, and a letter of non-opposition from Council Member Lozada.

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The applicant also provided a petition of support signed by approximately 40 neighbors.

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Rachel Pritzker has been promoted, Chair.

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Good morning, Counsel.

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Good morning.

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Could you state your name, please, and spell for the court stenographer?

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Yes, Rachel, R-A-C-H-A-E-L, Pritzker, P-R-I-T-Z-K-E-R.

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You swear a firm to tell the truth, the whole truth, and nothing but the truth?

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Yes.

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Could you identify your client and the relationship to this property?

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Yes.

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The client is 3408 B Street, LLC.

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They are under contract for the property, so they are the equitable owner.

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Our voice chair has just a few questions for you.

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Mr. Holloman, could you handle that, please?

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Good morning, counsel.

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Good morning.

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Do you agree to waive the reading of the refusal

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and stipulate to its accuracy?

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Yes.

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Did you email all of the exhibits and documents

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as required and necessary five days in advance to this hearing?

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Yes.

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Thank you.

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Please proceed and share your screen.

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Thank you.

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OK.

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can you see my screen we can okay so this is 3408 b street um as you can see it's an existing

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abandoned warehouse um sort of you can see the aerial view as well um some of the roof is open

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um and it has been vacant since at least 2017 um it is uh zoned i2 as you can see in the purple but

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is primarily surrounded by RM1 properties. The refusal in front of us states that we're proposing

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from I-2 to multi-family household living for 50 dwelling units,

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16 class 1a interior bike spaces and eight off-street accessory parks

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16 class 1a interior bike spaces and eight off-street accessory parking spaces with one

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van accessible space the two refusals we generated were for the multi-family household living

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in i2 industrial and then for the parking space ratio i'm gonna go through my exhibit packet

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quickly

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So we have our memo of law essentially laying out our hardship in this instance, as you can see from the photos.

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Again, this property is in a primarily residential area. It's been vacant since 20 at least 2017.

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We're looking to do an adaptive reuse with the one story addition to bring this back to a viable use for the community and the neighborhood.

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I, too, doesn't allow for any multifamily as an industrial district.

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However, this is an almost 20,000 square foot lot that is sat vacant.

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There's really no industrial use given sort of the lack of real sufficient parking, the lack of loading.

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Its location directly adjacent to these residential homes and the fact that it has sat vacant has shown that pure industrial use is not appropriate for this property.

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the lease modification is the adaptive reuse that we're proposing and you know we're proposing 50

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units to withstand sort of the financial viability of the project in addition to the fact that there

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was a lot of structural violations that were cleared that have been long-standing on this

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property as well we have our architect Ray Rolla should be here to just go through the plans and

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as mentioned by the board we have a letter of non-opposition from a say which was the coordinating

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rco a letter of support from the seventh uh ward rco which we were asked to meet with as well

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and then non-opposition from the councilwoman's office um

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you want to bring them yes if we can promote sure yeah if we can promote ray rolla

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I'm enrolled is promoted. Good morning sir. Thank you. Good morning, sir.

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do we see him right

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I don't yes I did promote him I see him in the audience

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good morning sir looks like i'm unable to promote him

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i'm going to try one more time

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hello can you hear me yeah we hear you now sir could you state your name please and spell

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for the court stenographer. Raymond

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Rola, R-O-L-A.

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Do you swear

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or affirm to tell the truth, the whole truth, and nothing

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but the truth? I do.

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Proceed, counsel.

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Ray, are you able to share your screen

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and bring up the zoning plans

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to go through them with the board?

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I just hit share screen under settings.

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Okay.

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Can you see anything?

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Do you want me to share my screen?

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Yeah, counsel, why don't you share your screen?

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That would be great.

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Okay.

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Can you see that?

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Yes.

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This is the site plan.

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And this is the site plan that has been, we worked with the streets department,

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carefully for landscaping and also the location of the parking spaces. There's basically four

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parking spaces to the south side of the property, which is the left side on this screen, and four

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parking spaces to the right side. There's also a fence proposed in the rear to provide some privacy

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between our property and the residential row houses that would be to the west.

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So there's eight parking spaces.

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There's landscaping as required by city planning.

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by city planning um you can see from the elevation there's an addition it's a it's going to be a

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You can see from the elevation there's an addition.

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three-story structure the 50 apartment units there's two exit stairs rachel do you have the

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plans uh that you can bring up the plan um give me one second the floor plans yeah the floor plan

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yeah and also i don't know if you have the renderings

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Yeah, these would be the floor plans. The main entrance is off of B Street. Basically, there's an entrance lobby. The building is actually two separate buildings.

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There's sort of the south portion and then the northern portion where you see where we have a lobby and an elevator.

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And there's a corridor that links two fire stairs on each side, each end of the building.

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There's also an enclosed trash room that services a trash holding area on the first floor that services two trash rooms on the upper floors.

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And so the trash is stored inside and then brought out through double doors.

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There's also a bicycle parking, bicycle storage right next to the trash room.

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We have a lobby area that's a good size that can also handle mail.

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There's always lots of mail these days and packages.

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So there's a total of 50 units.

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They're all one bedrooms except for two, which are two-bedroom units.

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and they're all uh uh good sized units um so you don't have the renderings do you

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rachel no i don't have them it's a shame um i can search for them if the board is interested

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in seeing them i i think we have a pretty good idea of what what what you're trying to accomplish

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yeah i just also want to mention chairman um just on the parking uh the only way to comply with more

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parking spaces would have been to demo part of this building and that would have compromised

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some of the structural integrity so that's the reason for the second or the other refusal just

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so you're aware. Could you bring on your client? Yes. Do you see a Judah Angster? I think he has

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his hand raised. Yes I do and I will allow him to speak. Thank you. Welcome.

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hello hi could you state your name please and spell for the court stenographer my name is

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judah inkster j-u-d-a-h last name inkster a-n-g-s-t-e-r do you swear or affirm to tell

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the truth the whole truth and nothing but the truth yes i do please proceed counsel

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judah have you heard my testimony today in front of the board do you believe it to be true and

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accurate and do you adopt it as your own yes i have and yes i do thank you uh rachel what was

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the votes at the rcos what was the votes besides non-opposition what was specifically the people

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vote i'll pull it up

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I'm just going to share my screen.

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Just want to quickly go over the petition as well, as you mentioned, we did say as part

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of their process, ask for the developer and owner to walk through the neighborhood and

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get support from directly adjacent near neighbors.

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So we provided them with 40 or 41 signatures in our petition as well.

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Okay.

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Here is the RCO notice.

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And then the letters should be, here's the letters.

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Non-opposition, five in support to oppose.

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Okay.

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Thank you.

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The other one.

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And then the other letter, it just says we are in approval of the project.

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And you also have the council person, non-opposition.

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Correct.

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And I believe Sloan, folks, is on from the councilwoman's office.

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Okay, good.

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Questions or comments from the board?

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No, Mr. Chairman.

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No, Chair.

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Questions or comments from our attorney, Hillary Emerson?

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Not at this time, Chair.

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Questions or comments from the virtual audience?

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Yes, Chair.

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Sloan, folks, has a hand up.

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