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Hearing video

ZBA Hearing - January 17, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Jan 17, 20244h 32m

Thank you, Chair Bergman, and good afternoon. David Fechter with the City Planning Commission.

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Chairman and board members, the comprehensive plan recommends no change to the residential single-family zoning at this location.

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This property is located between two mid-sized apartment buildings.

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Three dwelling units would be allowed by right if the current building were demolished and replaced.

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The existing building constitutes a demonstrated hardship for single-family residential reuse.

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Three dwelling units would be the minimum needed to ensure economic value.

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An adaptive reuse of the existing structure is in keeping with the recommendations in the comprehensive plan.

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And so the City Planning Commission recommends the board grant the proposed use variants for multifamily units, but with a maximum of three dwelling units.

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Thank you.

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Hillary, we're going to hold this vote.

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Am I right?

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That is correct, Mr. Chair.

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The record is closed except for proof of tax compliance.

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All right.

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Thank you.

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Thank you. We'll submit that as soon as we receive it. Have a nice day.

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Okay.

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Number nine, MI 2023, 005-931-620 North Bodine Street. Henry Clinton is the attorney. There's a letter of support from Northern Liberties Neighbors Association, a letter of non-opposition from Council Member Squilla.

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

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Okay.

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Chair, we just repromoted him to the panelists again.

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Okay.

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I'm Mr. Clinton.

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

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Good afternoon, Mr. Chairman.

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Henry Clinton, H-E-N-R-Y Clinton, C-L-I-N-T-O-N.

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

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I do.

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

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Sure.

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My both clients are on the call.

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They are the owners of the property.

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Corey Manley, M-A-N-L-E-Y, and Alicia Alcamo, A-L-C-A-M-O.

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Okay.

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And our vice chair has a few questions for you.

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Ish?

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I thought I was off mute.

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Good afternoon, counsel.

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Do you agree to waive the reading of the refusal or stipulate to its accuracy?

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I do.

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I've emailed in all the required documents and exhibits that is needed and required to proceed with this case five days in advance of this hearing.

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We have.

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Thank you, counsel. Please proceed and share your screen.

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Thank you, Mr. Sheehy.

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No problem.

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Is that visible, Mr. Chairman?

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It is.

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Good afternoon again. Henry Clinton for the applicants, Corey Manley and Alicia El Camo.

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This is my presentation, which I ask to be admitted into the record.

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containing the table of contents a1 through a10 we have one refusal refusal is concerning maximum

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height uh to board knows the maximum height of any structure should be 38 feet any single family

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property and we're proposing 53 feet it's a little bit of a misnomer here because the existing

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property already is 43 feet and with a pilot house it's 53 feet we're simply adding solar panels

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that'll be the same height as the existing pilot house.

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And we're also filling in an open space that is open air,

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which is adjacent to living space at this single-family home,

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which I'll show the board as I move through this presentation.

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As your chairman mentioned at the outset,

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we do have a letter of support from the Northern Liberties Neighbors Association,

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and their support is contingent upon the proviso form that I submitted

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indicating that the the deck on top of the new living space we are creating will be set back

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five feet and we've submitted that with a proviso form and and this is the actual plan

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z1 that is attached so basically what we have is right now and i'll show you with photographs

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this area here where my cursor is is an open area we propose to block that in with windows

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and then have living space behind it.

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Then on top of that, where the existing pilot house is,

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we're going to have solar panels that match the height of the existing pilot house.

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That's how we get to 53 feet, because as you see in this photograph,

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the existing house from sidewalk grade to the top of the living quarters is already 40 feet.

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grade to the top of the living quarters is already 43 feet and the existing pilot house

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is an additional 10 feet. So we're simply adding solar panels to match up with the height of the

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pilot house. We're not blocking any views. This is not going to be a closed-in structure.

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It's simply panels with the supporting beam at the front, middle, and the rear.

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These are some photographs to show you, Mr. Chairman and members of the board.

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There's four or five houses on Bodine Street, which are all constructed the same.

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The homes are about 20 feet wide.

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Half have a roof deck.

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The other half is just open space, open area.

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Our proposal is to close in this open area, put a deck on top, which will be set back

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five feet, and then on top of the existing deck and the one that we're going to build,

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We'll have solar panels on the front of where the pilot house, as well as the rear of where the pilot house is.

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Again, some more photographs just for perspective.

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This is Bodine Street, very narrow street.

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You can see at the top where my cursor is, there's an open area, which is better depicted on the next photograph.

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So this is 620. It's my client's property.

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This area will be filled in with windows and living space behind it.

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This is just another perspective looking south.

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This scaffolding is concerning another project that's ongoing, removing some panels and stucco in the front of the house.

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It has nothing to do with the construction we're asking for here.

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We're not moving forward, obviously, unless we get approval.

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some more photographs for perspective and photographs of our zoning notices.

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This is the proviso sheet. As I said to the board, we're creating a deck setback five feet from the

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top floor with an elevation, the railing in the front, and a skylight in the area of that five

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foot setback. Again, just another perspective, it's the same plan I showed you before, Z1

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53 feet is the height of the existing piled house.

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Our solar panels will simply match that height.

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The remaining documents, tax clearance.

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Actually, it's a printout from the Department of Revenue indicating that all taxes are clear.

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Zoning map indicating that this is an RSA 5 zoning district.

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The deed indicating ownership.

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a notice letter to the community group indicating we've sent out notices to all the surrounding

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neighbors. So basically, in conclusion, this situation is not going to adversely affect

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any neighbors. The solar panels will not, nor will the infill on the fourth floor affect any

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surrounding neighbors. It does not impair the light or open space of any adjoining neighbor.

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It's in harmony with basically with the codes, because I know there's a push to have as many solar panels installed in the city as possible for energy efficiency.

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We're not increasing any congestion and we're in harmony with the wishes of the community group, which with with whom we met and which has issued a letter of support.

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Mr. Chairman, I can have my clients adopt my testimony.

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Want to bring your clients on, please?

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Mr. Manley or Ms. O'Connor, can you raise your virtual hand, please?

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Hi, good afternoon, Corey Manley.

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Hi, sir.

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

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Yep.

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Corey Manley, K-O-R-Y-M-A-N-L-E-Y.

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Right.

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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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Yes.

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Please proceed, counsel.

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Mr. Manley, were you on the call when I just presented the project that you'd like to have

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constructed at your residence?

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Yes.

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And if you had the opportunity to testify,

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would you adopt my testimony as your own

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and as true and correct?

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I would.

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Thank you, Mr. Manley.

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Questions from the board?

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No, Mr. Chairman.

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No.

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Questions or comments from our attorney,

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Hillary Emerson?

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Not at this time, Mr. Chair.

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Questions or comments from the virtual audience?

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I see no hands, Chair.

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Planning Commission?

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David? David? David? Yes. Sorry. Okay. That's okay. I'm going to pull up my spreadsheet again. I just

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lost it all right here we go all right uh thank you mr chairman and members of the board good

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All right. Thank you, Mr. Chairman and members of the board. Good afternoon, David Fecta with the City Planning Commission.

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afternoon david effected with the city planning commission

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In 2014, the zoning at this location was changed from industrial and commercial mixed use to residential single family in accord with recommendations in the comprehensive plan.

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In a community supported map change in 2015. Oh, sorry. In a community supported map change period.

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In 2015, the property owner received a permit to enlarge a previously approved pilot house.

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There is no detrimental economic impact that would accrue to the appellant if the additional requested height is not granted.

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And so the city planning commission recommends the board deny the proposed dimensional variance for height.

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Mr. Chairman, can I address that?

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You can.

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Yeah, so we're not building any type of structure to support living or to entertainment.

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It's simply solar panels that are going to match the existing height of the pilot house.

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We're not impeding anybody's views, anyone's lighter air, and it's simply to make the house more efficient and to have solar panels installed.

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Okay.

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MI 2023, 005-931-620 North Bodine Street.

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I vote yes with proviso.

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Revised plan, one-page, stamped by ZBA on January 17, 2024.

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Thomas Holloman.

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my vote is yes with proviso

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James Snell my vote is yes

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with proviso

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Ismail Shahid my vote is yes with proviso

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Thank you counsel

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Thank you sir chairman

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Number 10

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MI 2023

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005 778

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1424 North Front Street

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T-B

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161104

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Meredith Trego

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and Eileen Quigley are the attorneys. Let's see here. Letter of support from the South

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Kensington Community Partners. Letter of support from Fishtown Kensington Area Business Improvement

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District. Sarah, Eileen Quigley is coming back in as a panelist now. Okay. Eileen, could you please

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state your name and spell for the court stenographer? Certainly. Eileen, E-I-L-E-E-N,

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Quigley. Q-U-I-G-L-E-Y. Do you swear or affirm to tell the truth, the whole truth,

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and nothing but the truth? I do. Did you identify your client in relationship to this property?

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Yes. Good afternoon, Chair Bergman. As I said, my name is Eileen Quigley. I'm here

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with my colleague, Meredith Trego. We're here on behalf of 1429 Hope Street, LLC,

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and Archive Development Group.

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Our vice chair has a few questions for you.

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Certainly.

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Good afternoon, counsel.

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Do you agree to wait the reading of the refusal

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or stipulate towards accuracy?

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I do.

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I just want to make sure that the refusal

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to which you are referring

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is the one that's dated 1-16-2024.

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I believe so.

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Yes.

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Yes, then we do agree to the waiving of the refusal.

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Have you emailed in all the required documents and exhibits that is needed and required to proceed with this case five days in advance of this hearing?

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Yes, with the exception of the RCO letter from South Kensington Community Partners, because we just received it on January 14th, 2024. So we did send that along to council and zoning board staff on January 14th, 2024.

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Okay, thank you. Please proceed and share your screen.

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Thank you.

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can everybody see my screen we can

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so as i say good afternoon chair bergman members of the board my name is eileen quigley i'm here

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with my colleague, Meredith Trego from Ballard Spar LLP. We're here on behalf of the Archive

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Development Group and owner, 1429 Hope Street. And with us, we have Henry Siebert and Ryan

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Kalili on behalf of Archive Development, as well as the project architect, Paul Lorenz

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of Cano Design. Just as some preliminary items to get out of the way, we did send out our

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notices to the neighbors and to the RCOs. The neighbor notice letters went out November

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13, 2023, along with certificates of mailing, and those can be found at

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