civus
Hearing video

ZBA Hearing - May 3, 2023

Philadelphia Zoning Board of Adjustment (ZBA)May 3, 20236h 11m

The refusal prohibits multifamily household living in a lot not adjacent to residential districts.

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um this property is a strip of pine street you can see the first level of all of these buildings

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are storefronts salons and the like my client is this chelsea frame shop here which has

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been in existence in the spot for 20 plus years and um looking at the uh archive you can see

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from 1981 was the it looks like most recent but uh approval for a vacant store and

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it looks like most recent, but approval for a vacant store and five apartments. So the

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property's always had a vacant store on the first floor and apartments above it. It actually was

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approved for an antique store at that point. But the point is, it's always been five apartments

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and a store on the first floor. Looking at the other properties on the block, we have

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1112, which is also five units and a retail unit. We have 1114, which is five units and a retail

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unit. We have 1116, which is six units and a retail unit. And that goes up and down the block.

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So every single property is three units or more. The ones surrounding it are five units. There's

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given a six unit with a storefront. And these are all the same size properties. So my clients

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seek to reestablish the use that the previous owner did not keep up. And therefore, after they

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purchased it to get their licenses, they had to come back in front of the board and seek the

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variance. I'll walk you through the rest of my packet. We have a letter of non-opposition from

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From the Washington Square West Civic Association, as was mentioned, the only issue that came up was there is a gate out back that has some kind of a crumbling rear wall, and the RCO asked that my clients on the record, which I'll have them do, attest that they are going to fix that rear wall.

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And they're having plans designed to do that and to make it look nice.

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There's our proof of mailers, and here's photos and plans of the place just showing that it's definitely set up for the five units with the commercial space, it's old panels.

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There's the frame shop.

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and all mailers. And the plans, actually, that's the plans for the wall that they're going to be

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fixing per the RCO's request in the back. We have our deed showing they purchased it last June,

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property certificate, and the tax clearance certificate at the end.

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So, with that, short and sweet, I will call either Tim or Anthony to raise their hand and adopt my testimony.

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Chair, we have Tim Stover. Mr. Stover, please unmute yourself and wait for the chair.

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Mr. Stover, could you state your name, please, and spell for the court reporter?

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Tim Stover, T-I-M-S-T-O-V-E-R.

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

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I do.

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Proceed, counsel.

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Good afternoon, Tim.

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Did you hear my testimony just now regarding your property at 1110 Pine Street?

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Yes, I did.

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Do you agree with what I said, and do you adopt it as your own?

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Yes, I do.

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Could you, for the RCO's sake, just put on the record your intent to rehabilitate the wall?

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yep so we got the plans done and we will be rebuilding it shortly okay thank you tim

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nothing further questions from the board on the board no mr chairman no mr chairman

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no mr chairman questions or comments from the virtual audience

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i've seen no hands chair planning commission thank you chair bergman ian hegarty for the

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Philadelphia City Planning Commission. Board members, the comprehensive plan recommended

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no change to the existing CMX1 zoning at this location. However, the proposed use is consistent

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with the documented prior use on this property. So the City Planning Commission recommends that

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the board grant the variance. Thank you. MI 2022-007520-1110 Pine Street. I vote yes.

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Jane Snell, my vote is yes.

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Ishmael Shahid, my vote is yes.

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Thomas Holliman, my vote is yes.

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Thank you, counsel.

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Thank you, board.

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Number seven, MI 2022-007061-315 North Preston Street.

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Alan Notkinson is the attorney. Letter of Opposition from West Palton Saunders Park RCO

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Saunders Park RCO, and Council Member Gauthier also has taken a position of opposition.

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and Council Member Gauthier.

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Applicant provided a petition and support signed by Four Neighbors.

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

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Thank you.

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and mr knockamson for the record just state your name you've already been sworn

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alan knockamson could you identify your client and their relationship to the property yes my

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client is the property owner preston berkeley llc and in the virtual audience is its member

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uh sanjeev nadu okay uh our vice chair has a few questions

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good afternoon council do you agree to wave the reading of the refusal and stipulate to his

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accuracy i do have emailed in all the required documents and exhibits needed to proceed with

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this case five days in advance of this hearing yes we have you're on the road today mr notkinson

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Well, we'll see.

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The more important thing is, will the Sixers win tonight?

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Hopefully, yes.

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All right.

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All right.

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So I'm here to present 1315-17 North Preston Street.

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As you'll see, what we're proposing is not out of character for this section in the neighborhood.

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I know that this is an RSA-5 property, but this used to be an RM1 property, and then everything that's surrounding us is RSA, excuse me, is multifamily.

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So it would be out of character and stick out like a sore thumb if we're required to put a single-family structure here on this rather large lot of 40, almost 4,400 square feet.

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So during our presentation, we're going to review the notice of refusal, the correspondence

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from the West Paladin Saunders Park RCO, our petition, nearby properties with a multifamily

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history, maps of the area, photographs of the property, our plans and drawings, our RCO meeting

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notice, our application for appeal that we filed with the ZBA, our detailed property

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showing the Preston Berkeley LLCs and owner of the property, and our Certificate of Tax

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clearance. At the conclusion of the presentation, I'll ask that Mr. Nadeau virtually raise his hand,

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be sworn in, and adopt my testimony as his own. So our notice of refusal. So we have two RSA

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properties we're looking to consolidate and make an eight-unit apartment building. Again, what we're

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recommending or proposing is not out of character for this part of Philadelphia. So our

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correspondents from the community, they are in opposition to this, more so just because of the

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general nature of this part of the city. They're not against the project. They would like a single

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family structure, but it would be out of character and impossible to sell because as you'll see from

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the map, every property on our side of the street is multifamily with the same type of proportions

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in terms of dwelling structures.

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And what we do offer is this in terms of form of a proviso.

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We would like, we originally had,

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and I think there was a mistake in here.

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They said we had 25 bedrooms for eight units.

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That's not correct.

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We have 23 bedrooms for eight units.

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We would agree to having two bedrooms per unit

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for a total of 16 bedrooms.

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We would also agree to commercial trash pickup.

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as well, and no living in the basement, as you'll see, because we don't have to live in the

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basement. Again, this is a responsible use of the property. And you can see from the presentation,

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we did have neighbors on Preston Street who are in support of this project.

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And then nearby properties. Again, if this was a vacant-like block, I would say, well,

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this is RSA 5, you know, so be it. Every single house on our side of North Preston Street is

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multifamily in nature. Almost every single property across the street is multifamily in nature.

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All the properties on Powhatan are multifamily in nature. This is a multifamily section of

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Philadelphia. If we try to put a single family house here, it would not succeed. No one wants

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to have a single family house on an island. Again, if we were on a block where there was a mix.

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Again, if we were, you know, on a block where there was a mix, I can see, but we're not.

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And it would just, it would be, you know, difficult for my clients to actually build something here that someone would want to purchase.

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And again, given the size of the lot too, we're talking about almost a 4,400 square foot lot.

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Again, yes, we are RSA 5 now, but all of those addresses that were on this side and most of the ones on this side are multifamily.

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And then, you know, again, we're in the heart of University City where you would see multifamily.

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We're not trying to take a part of town which is non-student housing.

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so to speak um you know we're embracing that and i don't think someone who who was going to someone's

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going to buy a single family house on that block especially given a lot it's not going to be

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economically peaceful to even build it and then photographs of the property as you can see this

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is new construction that's multi-family uh that was built uh i believe a few years ago

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and then these are this is proof of the orange notice posters being posted for today's hearing

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and then this is North

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Preston to the right of the property

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again almost every single

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property of that block is multi-family

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North Preston to the left

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property as well and then our plans

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and drawings again we try

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to keep the traditional brick facade

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we have a responsible

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floor plan here where there's no basement

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living we have a trash room in the

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front that's accessible to all units

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we can also agree to that as a proviso

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and

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Yeah, so it's, you know, we try to really make a pretty building here. That's architecturally interesting. So if you look here, so first of all, in the basement is just building storage, a water room, electric. There's no living in the basement. We would agree to provide some in that respect.

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As far as the, as far as like where the trash room is located, it is right here in the front.

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So we made it responsibly that every single occupant has access to this trash room, is located in the front.

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We'll have commercial trash pickup where it's going to be as least disruptive as possible to the neighborhood.

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And then we also have a lobby in the mailroom.

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every floor of this four-story structure has a front bedroom and a back bedroom we've changed

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our floor plans where originally we had 23 bedrooms here where now we're lowering it to 16

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bedrooms each so this is each two-bedroom apartments

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so rco meeting notice uh we met on april 13th at 7 p.m 115 addresses were notified of that meeting

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uh the addresses that were notified who were mailing to his addresses or application for

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appeal showing the preston berkeley llc is the owner of the property they're the ones that filed

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the appeal, our notice of refusal, our project information form, our deeds of property showing

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that Preston Berkeley LLC is the owner of the property, or both properties, excuse me,

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and their certificate of tax clearance. So with that being said, I'm going to share my screen.

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I'm going to ask that Mr. Nadeau virtually raise his hands. Mr. Nadeau, before we get to that,

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just for the record how did you get to eight to eight units how how do i get how did you get to

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eight units what you mean like how it's number wise what what drove eight units why not four

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why not six why not five oh well it's it's it's it's over 4 000 square foot lot not that this

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matters but i did the calculation i think that you know this was rm1 it would be 9.98 units going

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to nine units. And then next door to us, I believe, is a quadplex as well. So we're not overusing the

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property. These aren't just multifamily. All right. I just want to get to see that on the record.

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That's all. All right. Please bring your client on. Yeah. Yes, Mr. Nadeau. Mr. Nadeau, please

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unmute yourself or wait for the chair. Sir, could you state your name and spell for the court

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reporter. Yes, Sanjeev Naidoo, S-A-N-J-I-V, last name is Naidoo, N-A-I-D-U. Do you swear or affirm

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to tell the truth, the whole truth, and nothing but the truth? I do. Proceed. Oh, yes, Mr. Naidoo,

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you heard everything I had to state about your zoning matter today. Yes. And is it true and

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correct? Yes. And do you adopt it as your own testimony? Yes. Questions from the board?

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Questions from the board?

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No, Mr. Chairman.

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No, Mr.

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No, Mr. Chairman.

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No, Mr. Chairman.

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No, Chair.

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Questions or comments from the virtual audience?

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Chair, we have Pamela Andrews.

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Okay.

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Ms. Andrews, please unmute yourself or wait for the Chair.

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

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Good afternoon.

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My name is Pamela Andrews, P-A-M-E-L-A, Andrews, A-N-D-R-E-W-S.

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You swear or firm or tell the truth, the whole truth, nothing but the truth?

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I do.

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Are you a neighbor?

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I am the chair of West Patti's Congress Park RCO.

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Good. Proceed.

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Thank you.

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First, I'd like to thank you for having me this afternoon.

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Our issues as the RCO, first of all, there were 31 people who attended the meeting. Out of that 31 people, 12 of them were near neighbors.

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All right. And I know Mr. Knockison spoke that he had a signed petition from four neighbors.

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I had seen that information and I don't know who they are.

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They're not anyone who's active in our organization.

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So I just wanted to say that for the record.

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Our issue is primarily with this development.

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This developer wants to take two lots and combine them.

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And we really feel as an RCO that it is just an overuse of the property in terms of density in that area.

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It's apparent because there are multifamily units around us that we have allowed variances for multifamily units in this neighborhood.

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But we feel strongly that this is just too much density.

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Just a half a block away, right on the corner of Bering and Preston, on that block, there is a 44-unit apartment building.

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Our community members are constantly dealing with noise, trash, congestion, and therefore, we just do not want to support this development.

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The owner, when we had our meetings, there was no opportunity to engage conversations about possibly another type of design that would allow for a lesser density.

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And then in closing, I want to say, yes, we have been working diligently in our neighborhood to increase single-family ownership.

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We fought hard to change the zoning, support the zoning for the Market Street corridor in order to accommodate these types of large usages.

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So because of this and the fact that we really feel strongly this and the overuse of the property, we wanted the RSA 5 zoning honored and kept in place.

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Mr. Chairman, I always believe there's always there's an opportunity to try to see if there is some type of compromise.

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i hear that there may be um there may not be but like i always say try um i would love the

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opportunity with miss andrews again seeing about if if there's a way to decrease density that makes

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sense for both parties the one thing i will say is the reason why we combine these properties

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is that we understand that when you have we could have done two parplexes but we wanted to not have

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any basement use and when you combine properties it becomes more efficient and we want to put a

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trash room and those by combining those properties gave us the opportunity to do that it sounds less

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scary two quadplexes but we thought the eight units as one building was more efficient but i

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