civus
Hearing video

ZBA Hearing - January 17, 2024

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

questions or comments from hillary emerson our attorney i'm only to reiterate uh if you could

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send that letter and as soon as you can that would be great thank you i'll send it to you

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right now when we're done all right questions or comments from the virtual audience

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i've seen no hands chair planning commission uh ron bednor city planning uh the property

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is indicated for residential use on a city plan or adopted district plans recommends no change

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the existing zoning at this location. We believe the applicant's hardship is not supported with

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evidence of any physical circumstances or condition of the property that would prevent

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it from being used conformity with the parking requirements of the code. Therefore, we recommend

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Thank you.

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MI 2023, 005-179-2002, Brown Street, I vote yes.

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Thomas Holloman, my vote is yes.

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James Snell, my vote is yes.

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Ishmael Shahi, my vote is yes.

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Thank you, counsel.

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Thank you. May we be excused?

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Yes, you can. Thank you.

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Thank you very much.

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Number six, MI 2023-003-674-4630 Umbria Street.

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Christopher Dean is the attorney.

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Recommendation of support unanimous from Mattyonk Neighborhood Council.

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Christopher Dean, can you please raise your hand?

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Christopher Dean is coming back in as a panelist now, Chair.

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Thank you.

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Good morning, Mr. Dean.

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

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Good morning, Chair and members. Christopher Dean, D-E-A-N, representing the owner of 4630 Umbria Street, 4630 Umbria, LLC.

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Good morning, Chair and members.

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Christopher Dean, D-E-A-N.

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

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I do.

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Our Vice Chair has just a few questions.

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Good morning, Counsel. Do you agree to leave the reading of the refusal or stipulate to its accuracy?

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Yes, I do.

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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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I have.

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Thank you. Please proceed and share your screen.

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Good morning, everyone.

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We're here today seeking a special exception to operate a takeout deli in a CMX2 commercial zoning district.

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This is at 4630 Umbria Street.

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It's doing business as Umbria Gourmet.

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Let me go through the slides and then I'll go through the, this is the copy of the deed, let me minimize that, copy of the deed to my client, 4630 Umbria LLC.

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The LLC is owned by Khalil Murr, who is also present today.

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this is a notice of our refusal for the special exception and our application for the special

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exception the prior to this um why we think we meet the special exception is this was a bar

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um this was previously a bar um has now been changed to a takeout takeout deli um we're

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hoping to provide essentially a do bruno brothers kind of setup where you can go in for the sandwich

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but you also can take home some groceries um if you need to and save that trip to the grocery

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store uh my client um heard the need from the community there was a lot of um when he proposed

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this the feedback he got was tremendous when we met with um i'm going through the rco notice i

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just sent we met with manny of neighborhood council the feedback we received was this was

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similar. We had 15 to zero in favor of it. The hours of operation are Monday through Friday,

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7 to 7, Saturday, 8 to 7, Sunday, 8 to 5. There's a tax clearance.

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There's a copy of the zoning notice. This is the outside of the store.

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And I won't bore you with all the mailings. If anyone would like to review them,

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please let me know uh here's the inside of the store proposed it's very clean setup um it's not

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too much but it's again it's something when you you can you can carry home with two hands if you

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need to the um i said the feedback has been tremendous the in you know we're not we're not

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causing additional congestion or putting any burden on the endangered properties endangering

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the public. In fact, we've improved that because we are not operating a bar anymore. The hours

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operation are not going to be late night. So we've improved the neighborhood safety and we

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submit the appeal meets the burden of a special exception and ask that the board grant the special

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exception today. My client is here. If Khalil could raise his hand. Mr. Dean, is he in under

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your name uh he let me just he should

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he should he put he uh he informed me he was in the waiting room this morning um

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okay the person under your name has been unmuted and allowed to speak

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good morning sir could you state your name please and spell for the court sonographer

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Yes. First name's Khalil, K-A-H-L-I-L, last name Mir, M-I-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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Yes, I do.

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Please proceed, Mr. Dean.

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Khalil, did you hear everything I had to say?

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Yes, I did.

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And was that true and accurate?

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Absolutely, yes.

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And do you adopt the testimony as if it was your own?

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I do.

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And do you have anything additional to add to the board or the members of the public?

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No, I mean, I think it was just a simple zoning change. It was already a sit down restaurant. And I guess there's some sort of exception in that neighborhood where it can't be takeout or grocery.

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So, you know, again, I've been in that neighborhood for, still in the neighborhood for 25 years, and there's literally nothing within, you know, a mile and a half radius for groceries or deli.

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So the neighborhood certainly needs it, and the neighbors love it there.

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So it's really, I can keep it as a sit-down restaurant, but I'd like the proper zoning to.

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I can keep it as a sit down restaurant, but I'd like the proper zoning to to go with what I have going on there.

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So that's really it. I have nothing further. All right.

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Thank you. Questions from the board? No, Mr. Chairman. No, Chair. No, Chair.

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Questions or comments from our attorney, Hillary Ambers? Not at this time, Mr.

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Chair. Questions or comments from the virtual audience?

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i've seen no hands at this time any commission yes this is uh ron bednar city planning the

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properties indicated for commercial use on the city plan we believe the proposed uh grocery

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store takeout first floor use will have no detrimental impact beyond what might be expected

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given its proposed location therefore we recommend the request for a special exception be granted

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Thank you. MI 2023-003-674-4630, Umbria Street, I vote yes.

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Thomas Holloman, my vote is yes.

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Jane Snell, my vote is yes.

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Ishmael Shaheed, my vote is yes.

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Thank you, counsel.

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Thank you, members.

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Thank you, counsel. See you this afternoon.

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All right, thank you.

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um number nine mi 2023 005 883 6331 to 41 caster avenue ronald patterson is the attorney

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hillary do we have the rco email so um yes mr mr chair mr patterson and i have been in contact

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um unfortunately we'll need to continue this matter um because there was not a notice sent

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to the near neighbors regarding this new application.

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So Mr. Patterson will work with ZBA staff to get a new date,

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send that letter out, and we'll get this case relisted.

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So MI 2023-005-883-6331-41, Caster Avenue.

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The case is continued.

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Okay.

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Okay, number 15, MI 2023-003-735-3933 Brown Street, recommendation of support on the

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Mantua Civic Association.

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Chair, Michael Mattione is coming back in as a panelist now.

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Good morning, Mr. Mattione.

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good morning mr chairman good morning could you state your name please and spell for the

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court stenographer sure michael mattioni m-a-t-t-i-o-n-i you swear a firm to tell the truth

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the whole truth and nothing but the truth i do could you identify your client the relationship

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to this property? Sure. It's 41 Development LLC. They're the owner of the property, and Eugene

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Nidovich is the principal, and he's here today. All right. Vice Chair has just a few questions

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for you, sir. Sure. Good morning, counsel. Do you agree to waive the reading of the refusal

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to stipulate towards accuracy? Good morning. Yes, I do. Have you emailed on all the required

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documents that is needed and required to proceed with this case five days in advance of this

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hearing? Yes, we do. Thank you. Please proceed and share your screen. Thank you.

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Again, Mr. Chairman, Michael Mattione representing 41 Development, LLC, and I have – is my screen being shared?

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Yes.

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It's up.

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You have the RCO letters on top.

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Thank you.

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Thank you.

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Again, Eugene Natovich is the principal, and this is for 3933 Brown.

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As we stated, we submitted the tax clearance, revised refusal, support letter from the Mantua Civic Association, the coordinating RCO, revised site plan and revised plans form, revised floor plan, rendering and photographs in advance of this hearing.

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Mr. Nidovich is seeking one variance to develop this property as a six-unit residential structure in the RSA 5 zoning district, and that's set forth in the refusal.

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We met with the Mantua Civic Association, and they gave us strong support, and the support letter is up.

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Mr. Naidovich, before filing the application, met informally with members of the community and discussed what this project should be developed, how it should be developed.

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And as a result of the meeting, he came up with plans that show six one-bedroom units.

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He originally had a pilot house and a deck. He removed that and he added a front porch to match the other existing structures on the block. There aren't that many. And a red brick facade. He will also talk about his rent model that he charges for these properties.

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He originally had a pilot house and a deck.

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He removed that and he added a front porch.

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The zoning site plan, we comply with all the open area height and other dimensional requirements of the zoning district.

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and again we added a front porch we removed the pilot house and roof deck from the original

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application what he seeks to do is have six residential units and in the basement and first

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floor he would have bi-level units with the main living area the kitchen and living room in the

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basement and the bedroom and bathroom upstairs there are about 800 square foot units and then

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on the second floor and the third floor 550 square foot one bedroom units on each floor again

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this was developed after extensive meetings with the um community and here is the revised

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facade showing red brick with the front porch the trash area in the front of the prod property as

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well. Looking at that this is on, this is the site here, 3933, it's an empty lot. As you can see,

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there are about 25 empty lots on this row of Brown Street. The properties all to the west of

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this are vacant, several to the east, and across the street, there's only three structures that

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exist. And of the structures that exist, more than half are multifamily. This is multifamily 3931. Next

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to us is multifamily. I want to show the lot. There's the lot itself. The building next to us

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is a multifamily. As you can see, there's three mailboxes on the front. Now looking at the

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surrounding area it's largely undeveloped and that which is developed

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is multifamily structures. Again the south side of Brown Street is virtually

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undeveloped. So this is the context that we're talking about and why we added the

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front porch. We're requesting the variance because this is not a single

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family home block. We're trying to develop in conformity with the

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surrounding properties. He would have modest rents. If he tried to develop a single family

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property here, it would be very expensive. The community would not be able to afford it and they

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did not support that. If you look at the block, there has been no new development since the

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original homes were built probably 100 years ago. So, you know, we've got all these vacant

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properties. We have problems on this block like illegal dumping. If granted the variance, you

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Again, we meet all of the dimensional requirements.

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The variance would benefit public safety.

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We would develop this long vacant lot.

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It meets the goals of the zoning code by revitalizing a long vacant property, making it a desirable place to live.

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It removes the vacant parcel and reduces the likelihood of illegal dumping.

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It adds eyes and ears to the street, making the area safer, having increased number of people in the area.

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The rents will be modest and affordable by community members.

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And the variance, quite frankly, is necessary.

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It's the only way this property can be developed, and it will be developed in conformity with the surrounding properties, many of which are multifamily structures.

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With that, Mr. Chairman, I would like to call on Eugene Nidovich.

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Okay.

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Chair, Eugene Nadevich has been unmuted and allowed to speak.

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Good morning, sir. Could you please state your name and spell for the court stenographer?

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Good morning. It's Eugene Nadevich, E-U-G-E-N-E, last name N-A-Z-N-A-N-C-E-A-Y-D-O-V-I-C-H.

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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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Thank you, Mr. Chair. Eugene, would you comment regarding how the development proposal came about?

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Well, I've been building in this neighborhood already for close to 10 years. And, you know, I work very closely with the neighbors. They all have my phone number. We constantly meet with the RCOs, even when we don't have projects.

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and the one thing that they really want a lot of or the one the thing they want developed is

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affordable housing specifically for older people so it's one bedroom apartments they're going to

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be 100% affordable we accept VA vouchers we accept PHA vouchers work with other organizations

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And this building, based on what we've seen, average out-of-pocket rent, including utilities, comes out to about $350 to $400.

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in this building based on what we've seen average out-of-pocket rent

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and

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And that's based off of about 30% of an individual's income.

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And the rest is either covered by us or whatever other organizations are a part of, whether it's a PHA or the VA.

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And have you developed other properties in this manner in this community?

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I have.

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And have they been received?

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They've been great, which is why, you know, we're constantly up with the ZBA and we have a lot of support in all our projects.

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You know, this is another project that shows that we have support and, you know, our history of building these projects and keeping them affordable and good quality, you know, speaks for itself.

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And did you hear my prior statements to the board?

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I did.

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Are they true and correct?

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They are.

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And do you adopt them as your testimony?

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I do.

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I have nothing further, Mr. Chairman.

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Questions from the board.

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No, Mr. Chairman.

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