civus
Hearing video

ZBA Hearing - July 22, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Jul 22, 20204h 57m

and exhibit 18 is the uh certificate of mailing we mailed to a lot of neighbors there's a lot

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of near neighbors um that goes on and on i'm sure you don't need to read every address if

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you're more than welcome to. And finally, Exhibit 19 is the tax clearance for Dominus Holdings dated

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7-14-20. I would point out that this property is zoned or RSA-5, but the changed circumstances

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of the immediate neighborhood under the holding in Valley View Civic Association would basically

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remove this property's viability as a single-family house in this instance and would really present

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a hardship if the variance were not granted. I would ask my client, Roman Guzva. Roman, are you

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there? Yes, can you hear me? I can hear you. You got the right case. You're back. Okay.

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Roman was very eager to get in front of you

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I know

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So Roman, please spell your name

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Give us your address

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My name is

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R-O-M-A-N

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As Roman

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Last name is G-U-Z

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H

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V as a Victor

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A as an Apple

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215

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2015 North 5th Street

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Philadelphia

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APA. Thank you. Do you swear and affirm to tell the truth, the whole truth, and nothing but the

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truth? Yes, sir. Thank you. Roman, did you hear all of my testimony to the board today? Yes,

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sir, I have. And would you adopt this testimony as your own? Yes. Okay. Thank you. Do you have

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any other witnesses we don't need them but yeah i have about 17 people gathered from from the

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community in support of the project these people could not participate in an rco meeting because

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of their work they work very late and they could not attend six o'clock meeting let me ask this

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question of the 17 or so folks who are uh online uh is there anyone who is opposed to it

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i don't we don't need any of the supporters we just need anyone if anyone is opposed

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to this project please raise raise your hand

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and if there is no opposition well the record will note there are 17 or so 17 plus members of

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the community who are in support of this project the only other hand that we had

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up was Logan dry if Isaac one attempt to testify and then we also have the

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council person's office representative Sloan folks so we'll hear from both

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those. Logan, you're there? Logan? Yeah, you know what, he's on, but for some reason, he can't.

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So, Mr. Slepner, just give us his name and address, and we'll make that

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Uh, his name is Logan, L-O-G-A-N, last name Dry, D-R-Y, um, I think it's, you're testifying

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that he is in support.

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Well, he is our, he is our, our project architect.

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Oh, our architect, I'm sorry.

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Okay, so obviously he's in support.

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So let's hear from the council, uh, council person's office.

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Good afternoon, ladies and gentlemen of the ZBA.

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Can you hear me?

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Yes.

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Hey, you want to swing me in first?

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Name and address, and we'll swear you in.

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Yes, sir.

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Sloan Fuchs, F as in Fire, O-L-K-S, Office of Councilwoman Maria Quinonez Sanchez, Room 508 City Hall.

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Thank you.

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

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I do.

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Please proceed.

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The applicant has met with the RCO and has garnered a letter of opposition.

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The applicant is met with the RCO and has garnered a letter of opposition. Therefore,

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the councilman's office is submitting and has submitted a letter of opposition. That's our

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testimony for today. That took me by surprise, to be honest with you.

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Ladies and gentlemen, may I add something, this is Roman Guzman calling, I realize there

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was an opposition at the RCO meeting, but unfortunately all the votes, the people who

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voted, they are not, they don't live in the vicinity of this street.

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The people who are living in the vicinity of the street were not, they know what's going

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on on the block they they realize how bad it is and how trash keeps piling up and nothing really

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being done and they can individually speak as they're on the phone right now just to attest to

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that there were those people were not present at the vote just because there were either some of

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them lost the letter or they didn't receive it or they were just working most of them were actually

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working until late hours all right let me let me ask you a question mr folks is the councilwoman

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if you know is the councilwoman uh raising an objection because of what she heard back from

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the rco or does the councilwoman have any specific reasons not to support it other than any issues

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with the rco uh i personally was at the rco meeting i can attest that the councilman doesn't

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have any specific re any specific issues with the project other than the community vote uh at the

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end of the meeting okay that that's that's good i hear you all right any questions from the board

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no planning commission

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based on the um

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zoning of this particular district we have no objection

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thank you calendar number three nine two eight nine four four nine west norris street my vote

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is yes my vote is yes my vote is yes my vote is yes my vote is yes and for those folks who

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are on the line we thank you for your participation today appreciate your time thank you mr chairman

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members of the board good to see everybody and uh stay well safe take care thank you

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Frank, are we going to Rachel Pritzker? I can't remember. Do we handle that?

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That was the one earlier, right?

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That was with Councilwoman Gauthier?

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Oh, yes. Yeah, on the continuance. Right. We'll hear the testimony.

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So we are calling that case.

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Yes.

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Calendar number 39828, 5230 Walnut Street.

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tanya the attorneys rachel pritzker

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thank you rachel you have been promoted to a panelist so you can share your screen as you

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wish and if you have any witnesses please let me know okay rachel do you agree to waive the

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reading of the refusal and stipulate to its accuracy yes name and address for the record

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and please spell your name for the stenographer uh rachel r-a-c-h-a-e-l pritzker p-r-i-t-z-k-e-r

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pritzker law group 1635 market street uh suite 1600 philadelphia pa 19103 um it won't let me

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share my screen it just doesn't give me that as an option

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well do you swear to tell the truth and nothing that's the truth thank you

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frank she's all yours all right rachel maybe it's your work now okay

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yep all right cool okay so we also have um my client who is travis seal um who's the owner

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of the property here as well so um i don't know if you want to swear him in now or after my testimony

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Okay, Travis is available to speak as you wish.

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Yes, this is Travis.

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Frank, can you unmute yourself, please?

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I'm sorry.

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Mr. Seale, please identify yourself with the record, name and address, spell your name

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for the sonographer.

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Yes, my name is Travis Seal, and that's T-R-A-V-I-S, last name S, as in Sam, E-A-L.

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Yes, my name is Travis Seal, and that's T-R-A-V-I-S.

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And I'm the managing member of SR Walnut Street, JVLLC, which is the owner of 5230 and 5232 Walnut Street.

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Office address is 614 South 4th Street, Suite 146, Philadelphia, PA, 19147.

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thank you mr seal do you swear and affirm to tell the truth the whole truth

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and nothing but the truth I do Rachel please proceed okay so this is for the

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property located 5230 and 32 walnut Street for you today is a proposal for

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a lot line relocation to consolidate two existing parcels at 52 30 and 32 to one

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parcel and for the erection of an attached structure for uses 10

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multi-family dwelling units with a roof deck accessed by three individual roof deck access

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structures. The property is zoned CMX4 and is currently vacant. The block is adjacent to RM1,

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CMX2, CMX3, and CMX4 zoning districts. The proposal is permitted as of right except for

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the refusal we generated as a result of our inability to provide accessory off-street parking.

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the requirement by the code is a little bit in sort of contradiction to what's currently there

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so the code requires and I can share my screen based on the refusal that for every 10 dwelling

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units you're required to provide three off-street accessory parking spaces however on this block of

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Walnut Street and Walnut Street in general it's a state highway so you would need approval by

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PennDOT. We spoke to the streets department and submitted our email correspondence in the packet

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with the streets department who basically said that we cannot give you authorization for a curb

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cut on Walnut Street without you going through PennDOT. There are no, if I can show you the

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Google Maps of this area, this is the property right here. There are no curb cuts on the south

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side of the 5200 block of Walnut Street, which is where our property is located. It's mostly

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residential homes, some commercial mixed use, and as you can see, all this on-street parking.

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Our property is also located in the center of the block, so if you look on the other side of the

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block, there is a curb cut here for this shopping center, although the rest of the block is in

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conformity with no parking, and again, with it being in the center of the block, we feel like

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if we were required to provide accessory off-street parking, we'd be taking more cars off the street,

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And again, the city has no authority right now to actually even approve a curb cut.

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So we'd have to go through PennDOT's process.

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When we met with the RCO, again, we met with them Monday night.

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Someone from the council office was there and there were 40 participants.

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If you can see in my packet that we submitted, we have a proof of mailing.

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We mailed out 169 letters.

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I took phone calls for the majority of yesterday with neighbors submitting plans.

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We did a recording of everything.

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and the only refusal again is for the curb cut. So we also did in terms of establishing a hardship

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Travis went and spoke with a bunch of neighbors as far as trying to see if we could figure out

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a property within a thousand feet that we could do accessory off-street parking but we were

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unsuccessful. You actually have to find a parking lot that is zoned for non-accessory

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parking for it to qualify within a thousand feet. I'm just trying to find,

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here's the zoning posters. Again this is the property as you can see there's no

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other curb cuts. That was our only refusal. I know that the council office

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was aware that most of the questions that were asked at the here at the RCO

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meeting had to do with affordability. We're providing between 60 to 80% AMI for this project

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voluntarily. We are not requesting any city, state, or federal subsidies, and we are not

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requesting any bonuses. And so a lot of the conversation was around affordability. They

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felt that that wasn't low enough. Again, that really doesn't pertain to our refusal, which is

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just for accessory off-street parking. Just want to make sure I covered everything, make sure I

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show the proof of mailing with 160. This is the correspondence with the streets department.

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Just let them know you represent the owner and that we wanted to get written documentation to

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see if they would provide support for a curb cut. They needed to speak with streets department and

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they said they won't be able to get approval because it's a state highway. We would require

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a highway occupancy permit through PennDOT. Again, our hardship is that if we are refused this

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variants, we would have to work with PennDOT, they could also refuse it, and then we would

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we would have to work with PennDOT. They could also refuse it. And then we would have a project

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have a project that can't move forward.

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that can't move forward with 10 affordable housing units because of a curb cut in the center of a

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block that is out of character with the existing landscape and the existing infrastructure that's

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already there. So we are in front of the board asking for relief. I believe we've met all those

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requirements. Thank you. Do you have any witnesses you want to call up? I have the owner. I don't,

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Travis who already spoke just he's more than welcome to put any sentiments I would like him

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to share kind of his experience as far as hardship just speaking and trying to find

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alternatives to this as far as trying to get additional parking from a nearby site I think

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that would be beneficial for the record and other than that I think the board gets has a gist of

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the issue with this case. Yeah I think that Rachel pretty much covered everything there

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I would say to her point, I did make an extended and concerted effort to find some non-accessory

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parking to lease in the area within the 1,000-foot requirement.

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I was unable to do that.

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There's just not a lot out there.

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So that kind of leaves us here.

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And I think that also just to add from a design and kind of aesthetic and quality of life

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standpoint a curb cut on that mid-block site just does not make a lot of sense removing street

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parking from that block and having vehicular traffic crossing the pedestrian walkway it

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doesn't make a lot of sense either from uh from my perspective as a developer so that's that's

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what brought us here but i think rachel touched on everything else that's relevant here yeah and

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there's there's no other refusals that were generated from this price so everything else

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dimensionally and otherwise is conforming with cmx4 requirements thank you um is the councilwoman's

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representative still here uh yes let's pick up where we left off earlier there was going to be

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request for a continuance yeah this is this is max weiss again uh on behalf of councilmember

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gaudier um we did request um a continuance earlier and um you know we we we still think

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that the notice was deficient here um you know as evidence uh by the rco letter which states that

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no near neighbors participated in the meeting and and you know what Rachel was saying that she's

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been getting calls from folks who received notice after the RCO meeting I think further shows that

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you know those those people did not have the opportunity to participate in the meeting because

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they didn't get notice in time so just kind of restating what I said earlier. Just to comment

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on that I had let Max know yesterday that people had reached out saying they got the notice but

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they didn't um they tried to do the zoom and didn't know how to do zoom but that's you know

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besides the point it wasn't that they didn't get the notices they were sent a week before i've done

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projects where they've been sent three days before and 40 people showed up and there's nothing to say

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that if we did this again that we would get any better of a turnout i've done that on many cases

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before and that doesn't necessarily happen again and i said to max given the de minimis uh reason

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for this variance and the lack of the city's ability to even approve a variance, we would

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really be stuck between a rock and a hard place going back to an RCO meeting to talk

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about affordability and diversity and inclusion.

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Not that that's not important.

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It is.

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And we're open to that discussion as the developer clearly stated and provided his contact information.

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