civus
Hearing video

ZBA Hearing - January 17, 2024

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

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

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Perry Shaw, P-E-R-R-Y, last name S-H-A-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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Yes.

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Please proceed, counsel.

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Thank you. Good afternoon, Mr. Shaw.

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Have you been present during the entirety of this afternoon's virtual presentation before the Philadelphia Zoning Board of Adjustment?

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Yes, I have.

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Thank you. And would you adopt and affirm the testimony that I've offered as your own?

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Yes, it is.

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Thank you, sir.

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Questions from the board?

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No, Mr. Chairman.

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No, Chair.

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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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I see no heads at this time, Chair.

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Planning Commission.

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Thank you, Chair Bergman, and good afternoon.

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David Fechta with the City Planning Commission,

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

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The appellant has shown that the proposed takeout restaurant will have no detrimental impacts to the neighborhood beyond what might be expected.

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The city planning commission recommends the board grant the special exception for the proposed takeout restaurant.

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Thank you. MI 2023-005-892-1204 Chesson Street. I vote yes. Proviso. Per referral dated 1-2-24.

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Thomas Holloman, my vote is yes with proviso. James Snell, my vote is yes with proviso.

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Ishmael Shaheed, my vote is yes with proviso. Thank you, counsel.

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Thank you, Mr. Chairman, members of the board. Have a good afternoon.

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Thank you.

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Thank you.

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Number eight, MI 2023-005-755-1201 Lindley Avenue.

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Christopher Dean is the attorney.

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Recognition of support from the Logan Civic Association.

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

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Okay.

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Good afternoon, Mr. Dean. I think if I remember correctly, I swore you early this morning. Am I

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right? You did, Mr. Chair. Could you just state your name for the record? Christopher Dean.

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Okay. And could you identify your client, the relationship to this property?

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Laventure Real Estate Group. They are the owners of the property. Rob Laventure is present today,

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as well as Ben Estepani, who is the design professional who can go over the drawings.

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Okay, our vice chair has just a few questions.

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Good afternoon, counsel.

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

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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, and I did email with Hillary earlier.

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The tax clearance is the only issue.

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My client purchased this property in August.

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The city cashed in, deposited the check August 31st, but for whatever reason, the taxes are

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still showing as due.

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And additionally, the title company just cleared the commercial trash fees that were owed.

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So we're hoping within the next 30 days, both of those are cleared from the system.

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Okay, Aaron, please proceed and share your screen.

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so i have the pleasure of presenting 1201 lindley avenue it's at the corner of corner

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property of lindley and north 12th street uh we're seeking a four-unit multi-family household

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in an rsa3 single-family residential zoning district the my client's property is unique

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in size it's a 6800 over 6800 square feet lot with a near 4 000 square foot improvement on the lot

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my client's property is highlighted right here

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we have rm1 right here at the corner of north camac street

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That is 5101 North Camac and then right here on at 5101 North 12th Street, also apartment living.

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01 North 12th Street, also apartment living. The uniqueness of my client's plan is while the

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The uniqueness.

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apartment living that he's sandwiched between is a lot of studios and one bedroom, my client is

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proposing two to three bedrooms so we can have four separate families live in this massive structure.

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Behind this right here, the area I'm highlighting now is actually a side lot owned by the PHDC and

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my clients, if we're successful, have intent of acquiring the lot from the land bank in order to

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create parking. So I'll go to the current structure and what we propose to do with it.

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So here's the corner lot. As you can see, there's the apartment complex that one of the

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they had mentioned. It's quite a unique structure. As I mentioned, it's 4,000 square feet.

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Here's the other apartment, the apartment building directly across the street.

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We are proposing additionally, by right, a second-story rear addition to go on top of

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the two-story structure that would help build the four units. We received unanimous support

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with the Logan Civic Association.

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The vote was 26-0.

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The neighborhood was excited.

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They thought it would be improvement.

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The improvement to the property would attract families

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and approve the neighborhood.

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So here are the 3D renditions of what we are proposing.

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Obviously, it's a massive lot.

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um we it's really we think it's going to be a bright spot on the community on the neighborhood

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uh it will garnish attention with the with the beautiful landscape it does have and the size of

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the structure uh historically this was a there was a triplex um revealed in the zoning archives as

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well which would be consistent with um both the residential the rm1 on both sides of my client's

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property and the size of his of the property as you see here is where we will build this is where

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we'd be building the addition to go over the i'll briefly go over the the 3d plan and then i'll have

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um i'll have design fresh and i'll go over the actual drawings so you'll have four units three

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of them will be a three bedroom and one of them will be a two bedroom we are proposing a

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there'll be one unit one of the bedrooms will be in the um in the third floor and then we will have

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two units in let me zoom this in two units in the um in the basement that but they are there

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are two egress wells proposed

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here's a copy of the zoning notice posted 21 days prior

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and there's another copy of it as well and here's a close-up

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as i mentioned we did meet with the logan civic association and here is the letter of support

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indicating 26 to 0 in support.

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I will have Ben, if you could raise your hand

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just to go over some specifics over the drawings.

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What is your client's name, Mr. Dean?

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So my client is Rob Leventure and Ben Estepani

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is the architect involved.

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Robinson Leventure has been unmuted and allowed to speak.

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You see the architect?

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He's not.

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Let's see if we can get the architect first, if he's there.

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What's the architect's name, Mr. Dean?

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Benjamin Esteban.

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Mr. Esteban, if you're in the audience, please raise your virtual hand.

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I think I'm muted already.

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There's no other hands up besides your client.

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I hear Ben. He's here.

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can you hear me yes this is ben this is ben he's with the owner

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i'm the architect uh are you with the owner right now i am not currently with the owner no

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oh i ben did you put it i think you put in uh rob's name i'm guessing when you

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signed in okay all right all right sorry do me in favor state your name please and spell for

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court stenographer it's ben estepani b-e-n last name e-s-t-e-p-a-n-i do you swear for him to tell

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the truth the whole truth is nothing but the truth that's correct yes i do please proceed counsel

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please proceed counsel and then let me know i'm going to um you can direct me on what

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ben let me know i'm going to um

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drawings you'd like to go over but um for now if you want to start on this page

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yeah i think you covered the floor plans pretty well chris um this um site plan on the right is

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showing the existing conditions um the proposed addition is the hatched area um on the left-hand

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site plan um we're just essentially extending the rear one story portion up to the second level

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uh to include some additional bedrooms at the second floor um and then chris you just want to

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scroll to the to the plans

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i'll show this um the floor plans wait

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but I

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you know

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the 3D images

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I can run through them very quickly

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since you've already covered them

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scroll to the bottom

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as Christopher was saying

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we are looking to

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provide units for

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family use so unit one and unit two which are located on the first floor are bi-level units

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um they're each three bedroom two bath and above a thousand square feet um and then uh at that

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basement level uh sorry the first floor there's kitchen living with a rear bedroom and then in

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order to access the remainder of the unit you would go into the basement where there's two

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bedrooms and a bathroom um and then also in the basement are the shared utilities for the building

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the supply room laundry room and mechanical spaces are all dedicated towards that um towards the

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building and are shared by everybody through a central staircase that connects the basement

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all over to the third floor or to the second floor um and then if you can scroll up to the second

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floor plan, Chris. The second floor is our two-bedroom units at the bottom half of the

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plan. Unit three, which is on the top half of the plan, has access to the third floor

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level, which creates the three-bedroom, two-bath unit for the property. But I think that pretty

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which covers the floor plan, for sure.

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I have nothing further of that.

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Could you have your client?

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Yes.

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Rob LaVenture, if you're in the crowd,

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please raise your hand.

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Mr. LaVenture has been allowed to speak.

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Could you state your name, please,

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and spell for the court stenographer?

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Hello.

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My name is Rob LaVenture.

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last name

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L-A-V-E-N-T-U-R-E

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Do you swear or affirm to tell

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the truth, the whole truth, and nothing but the truth?

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Yes, sir.

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Please proceed, counsel.

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Rob, did you hear

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the testimony that

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both Ben and I went over

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on your project at 1201 Lindley?

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Yes, sir.

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And was that testimony truth and accurate?

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Absolutely.

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And do you wish to adopt the testimony as if it were your own?

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Yes, sir.

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Okay. And do you have anything additional you want to provide to the board or to the members of the public?

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I think everything was stated at the moment. Community was excited as Chris stated.

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Okay. I have nothing further of Mr. Lavender.

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Questions 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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Just briefly, Mr. Chair, Mr. Dean, I just wanted to confirm there is currently no parking on this property or proposed to this property.

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That is correct. That's correct. Our parking will be contingent on potentially acquiring it from the PHDC.

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OK, thank you. I just I just want to note for the record because the property is zoned RSA three, which requires one parking space per one dwelling unit.

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and that refusal was not noted on the refusal.

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So I just want to note that for the record

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and clarify that there isn't parking

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on the actual property.

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Thank you.

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Correct.

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Questions or comments from the virtual audience?

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Chair, we have Alyssa, Alicia El Camo.

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Okay.

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Hi, could you please state your name

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and spell for the court stenographer?

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Sorry, I hit my hand by accident.

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Okay.

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Hi, could you state your name?

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Oh, okay. All right. Thank you. Is there anyone else in the virtual audience?

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Chair, I see no other hands at this time.

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Planning Commission.

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

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