civus
Hearing video

ZBA Hearing - August 28, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Aug 28, 20245h 58m

Thank you.

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how many people jason

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sir we have 30 um we have 35 people entering the room right now so if you wish to begin you

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may do so at this time sir thank you good morning everyone my name is bill bergman and i will be

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chairing this meeting this morning for the Zoning Board. With me is our Vice Chair, Ismail Shahid.

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Present, Mr. Chairman. Our Board Member, James Snell. Present, Mr. Chairman. Our Board Member,

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Cheryl L. Gaston. Present, Mr. Chairman. Our Board Member, Tanetta Graham. Present, Mr. Chairman.

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Our Board Member, Michael Johns. Present, Mr. Chairman. And our Board Member, Taya Nguyen.

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Present, Mr. Chairman.

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Also present is Hillary Emerson, our attorney, and Kathleen Grady, our deputy director of planning and zoning.

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Here's our virtual format.

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The proceedings are being recorded.

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With your participation, you agree to be recorded.

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A video will be available by contacting Kathleen.Grady at phil.gov.

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For our court stenographer, we ask attorneys and witnesses to identify themselves before

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testifying.

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If you're participating by phone, press star 9 to raise your hand and star 6 to unmute.

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To enter the appearance statement, call 267-270-5548.

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Leave your email address and the address of the property in question.

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And finally, the question answer box on the screen is not for testimony.

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All testimony or comments should be directed to our executive director, Kathleen Grady.

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Let's look at our schedule for today.

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Number three, MI 2023-003-996-5400 Valley Street.

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That case is continued.

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Number five.

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M.I. 2024-001-941-5315-17 Chancellor Street. That case has been continued.

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Number 17, MI 2024-002-285-923 Christian Street.

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That case is continued.

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And number 19, MI 2024-002-293-6201 North 15th Street.

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that case has been continued. Are there any other requests for continuances?

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Good morning, Chair. This is Yvette Benton. I'll be your co-host for today.

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We have a phone number ending in 2812. Caller with the phone number ending in 2812. Please

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unmute yourself and wait for the chair. Could you state your name, please?

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Paula, with the phone number ending in 2812, please unmute yourself.

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Okay. Do we have any other hands?

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Chair, we have Attorney Devin Upton with their hand up.

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Sure.

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They have been unmuted and allowed to speak.

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good morning counsel

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counsel good morning chair good morning could you could you state your name and spell for the

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court stenographer yes devon d-e-t-i-n last name hooked up d-e-t-e-h right do you swear

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affirm to tell the truth the whole truth nothing but the truth yes sir you have mi 2022 003 966 59

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You have MI-2022-003-966-5900 Pulaski Avenue.

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This is the fourth listing.

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Please give us an update as to where you stand.

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Yes, Chair.

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This is a case I took over from a partner.

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I'm having some communication issues with the client, but it should be resolved by our next hearing.

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Okay.

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So MI-2022-003-966-5900 Pulaski Avenue.

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Case is continued.

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Mark must be heard.

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Thank you, Counsel.

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chair i have another case as well which one's that uh 2900 snyder avenue

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let's see i think it's down towards the bottom here

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what number is that hillary

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let's see i'm checking mr chair did see it earlier

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um that is number seven mr chair okay thank you hillary

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Okay. So MI 2024-001-949-2900-Snyder Avenue. This is the first listing. Could you give us an update?

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Yes, Chair. For this one, we've already had the community meeting. We have the letter of support.

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I'm actually prepared to present, but my client is out of town. He's in Lebanon.

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If possible, could I have it continue to live with the earliest possible date?

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we will see what we will see what the office can do so MI 2024 001 949 2900 Snyder Avenue case

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is continued thank you thank you is there any other requests for continuance

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chair we have a Jessica Nelson with her head up

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Jessica help Nelson please unmute yourself we'll wait for the chair

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

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good morning it's jessica nelson j-e-s-s-i-c-a last name n-e-l-s-o-n

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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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Could you please tell us what's, what's case here?

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Regarding a zoning permit, 2024-002543, address 2314 North Broad Street.

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That's number six, Mr. Chair.

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Thank you very much.

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So this is your first listing.

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Would you please give us an update of where you stand?

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I need more time.

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You need more time. Yes. Okay. All right. So, MI 2024-001-947-2314 North Broad Street.

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Cases continued. Mark, must be heard. Thank you very much for calling in. We appreciate it.

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Thank you. Is there anyone else? Chair, we have a Nicole Holland with their hand up.

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Nicole Holland, please unmute yourself and wait for the chair.

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

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Hi, Nicole Holland, N-I-C-O-L-E-H-O-L-L-A-N-D.

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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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Could you tell me what case you're involved with the address?

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The address is 1532 South 31st Street, 19146.

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that's number 13 mr chair

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um are you prepared to go in with this case yes okay so you had your hand up i mean what what

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what is what is the point you have i mean because we'll get to this case oh okay i didn't know how

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it worked i didn't know that's okay that's okay you'll hear us call your case okay okay got it

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thank you all right thank you any other hands

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i see no further hands at this time chair so number four mi2023-006-845-2128 chelton avenue

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Ariel Ohanan is the listed applicant.

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No exhibits.

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This is the second listing.

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We see any hands.

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I see no hands at this time, Chair.

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So this is the second listing.

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Mark must be heard.

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So MI 2023-006-845-2128, Shelton Avenue.

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21-28 Shelton Avenue. I vote to dismiss. Michael Johns. My vote is to dismiss.

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I vote to dismiss.

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Michael Johns, my vote is to...

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Cheryl Gaston. My vote is to dismiss. Taya Wendt. My vote is to dismiss.

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Tana Graham. My vote is to dismiss. James Snell. My vote is to dismiss.

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Yes, Mr. Shahid. My vote is to dismiss. Thank you. Number eight. MI 2024-002-002-3612

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north 5th street michael and g cho are the listed owners applicants no exhibits this is the first

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listing michael cho if you're in the virtual audience please raise your virtual hand

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chair it looks like we have a caller calling in from a samsung phone okay caller on the samsung

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Please unmute yourself and wait for the chair.

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Could you please state your name?

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Good morning. Could you please state your name?

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Caller, please unmute yourself.

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star six are on mute

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oh uh no response

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mr child i don't think there's been any response they may be having some uh

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technical difficulties you can uh so this we have no exhibits this is the first listing

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So MI 2024-002-002-3612 North Fish Street, this case is continued.

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Thank you.

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We're going to move to our add-on list.

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MI 2023-005-625-912 South Front Street.

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I vote yes, with proviso. Maximum six units.

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Michael Johns, my vote is yes, with proviso.

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Cheryl Gaston, my vote is yes, with proviso.

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Tana Graham, my vote is yes, with proviso.

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James Snell, my vote is yes, with proviso.

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Thank you. Number two, MI 2024, 004-658-424-East-Woodland.

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My vote is appeal denied.

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Michael Johns, appeal denied. I agree.

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Cheryl Gaston, appeal denied.

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Tanetta Graham, appeal denied.

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James Snell, appeal denied.

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If not, I hear, appeal denied.

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Thank you. And number three,

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MI 2024-004-827-3402

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Sampson Street. The vote on this will be held for two weeks. Hillary, what's our date two weeks from

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today? September 11th. For September 11th, vote will be at 9 30 a.m. Thank you. And we're going

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to start here with number 9, MI 2024, 002-011-2170 North Franklin Street. With that case, we will

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Also here, MI 2024, 002-074-2172 Franklin Street.

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Both cases are Mr. Joseph Consul.

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There's a letter of no position from APM because of a lack of vote.

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Mr. Consul.

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

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Good morning.

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Chair, good morning, Mr. Counsel. Could you please state your name and spell for the court sonographer?

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It's Joseph, J-O-S-E-P-H, Consul, that's C-O-N-S-O-L-E.

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

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Thank you.

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Mr. Consul, as you know, we have several cases with you. We're going to go through all of them right in a row, okay?

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Mr. Consul, as you know, we have several cases with you. We're going to go through all of them.

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Right.

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All right.

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And our vice chair has a few questions for you.

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Yes, good morning. Have you agreed a way to read another refusal to relate to his accuracy?

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I do.

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Have you emailed them all the required documents on the service that is needed and required to proceed with this case?

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I have.

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Thank you, counsel. Please proceed.

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I'm recusing from this case.

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Thank you, Mr. Jones.

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Okay, good morning, board.

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I'm here on behalf of Chevetta Property Group, LLC.

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My client should be represented today by Mr. Michael Tomasetti, one of the owners of Chiveta Property Group, LLC.

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On May 13th, 2024, Chiveta entered into a development agreement, which is on the screen with the Philadelphia Land Bank, to develop a total of 67 properties in the same neighborhood.

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These are to be developed as single-family homes under the Turn the Key program, which is a workforce housing program that provides Philadelphia residents the ability to purchase properties for $280,000 or less.

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Additionally, there's grants to these buyers that make the purchase process easier and restrictions that go on each deed that protects the affordability and intent of the program for 15 years into the future for each specific property, depending on when they're first sold.

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Of the, of the tranche of properties that were from this particular redevelopment agreement, we're here today on 10 of those properties. And I believe we're, we're starting with, was it Franklin?

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Frank 2170 North Franklin and hold on 2172 North Franklin.

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Okay. So 2170 and 2172 North Franklin are both zoned CMX2. And like all of the properties that we're here for this morning, we are seeking to build single family homes on these lots.

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so these are 10 empty lots that we're applying to build single-family homes on.

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The CMX2 variances, which these both are, are required because of the restriction against

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doing a completely single-family residential property. There would be a requirement that

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there would be 30 feet of commercial space on the ground floor of these properties. And for

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For all of these properties, we believe both the intent of the city in these development

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agreements and the character of the neighborhood does not warrant the need for commercial space

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on the first floor of these properties.

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So starting with 2170, I've submitted my packet, which includes the letter from APM.

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Again, as board chair noted there, they took a position of no position. There was a few folks at the meetings and, you know, we discussed everything, the pros and the cons. The letter notes a couple of the neighbors concerns, which I can or have briefly touched on.

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They question the affordability. We believe that given today's market, this workforce housing program that the city has is a significantly positive program in terms of affordability.

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There was a question in the letter regarding the deed restriction on future homeowners. And what this program does is prevents anyone flipping the property for a profit within the first 15 years.

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So either the owners or their family even are allowed to continuously own the property for that amount of time, after which the restrictions on the deed fall off and they can use the property however they see fit.

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But if they sell the property within that time, within those first 15 years, the restrictions stay on the deed, which allows the city to keep ties and to continue its affordability program for that particular property for that number of years.

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There was a concern about owners potentially renting the properties.

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We've confirmed that the city flags these properties and does not allow them to receive rental licenses during that period.

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So, again, it keeps the properties within the single-family home, you know, owner-occupied type properties that the city is seeking.

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you know, owner occupied type properties that the city is seeking with this particular program that they're that they're rolling out.

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So for and that's just to kind of give you a global overview and I won't go through it with each of the other properties, but we have proof of our mailers.

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We have proof of the meeting. This meeting was held at 8 p.m. in person.

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We also included for each of our properties photos of the vacant lot showing proof of our posters.

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And we included in each of these properties the basic layout.

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So actually for 2170 and 2172, these lots are being split up into two single-family homes that are three bedrooms, two baths each.

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The model for all of the properties that we're here today for is three beds, two baths, single-family homes with a nice backyard.

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We've included the Chiveta Property Group LLC, Certificate of Tax Clearance, as well as the Project Information Form.

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For 2172, we've included, again, it's identical to what we just presented, Modo Design Shop, as we had discussed at the meeting, and it really wasn't a concern, but they really take strives to, when they build these properties, to fix them with the character of the neighborhood.

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So if there's certain roof lines or cornices that need to be met, the moto takes pains to do that.

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And so that's something that they're proud of and I'm mentioning.

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Again, here's 2172 showing the lot that will be built upon with Chivetta.

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Again, no specific concerns from the RCO about this property.

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I addressed the global concerns more so about the program itself. There wasn't any concern about not using this property as a commercial space on the first floor. There didn't appear to be any sort of appetite for that.

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So for 2170 and 2172, I could have my client, Michael Tomasetti, I believe he's on, under his phone, his dial-in, the last three is 3084, could raise his hand and adopt my testimony.

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