civus
Hearing video

ZBA Hearing - August 24, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Aug 24, 20226h 4m

schools in the area who you know have uh hundreds of students in population and for example we have

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Germantown French School here that has 1,100 plus students. We have 80 students. With the area that

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we're currently situated, we don't see our arrival and dismissal drop-offs creating a significant

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traffic issue. However, we're still taking measures to ensure that parents are dropping

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off on the smaller, smaller street portico. And we'll have school guards on either side of the

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street to assist students crossing the street. And this is to, you know, for the safety of the

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students to prevent any, you know, any of the incidences that might, you know, might have

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happened in the area. Without functioning as a school, we can't appeal with this. We can't put

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in an appeal with the city or a request in the city for things such as across, what is

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it? Upon approval, we would go ahead and request with the streets, Philadelphia streets, for

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school zone regulations. And I believe that would also support what we're trying to do

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for the for the students that we service and the families that we service in terms of trash removal

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um we also have things in measure for that we will be we we do have a dumpster in the back of

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our building and there shouldn't be anything significant you know um or obstruction or

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anything adding to the um neighborhood um uh trash removal uh on the street so with the

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Turns out we brought up the RCOs. We've definitely taken all of those into consideration and have a plan in action to address each other.

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All right. Thank you. And thank you very much for pulling in. Is there anyone else in the virtual audience?

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Yes, Chair. We have Rosalind, first name.

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Hi, Rosalind. Could you state your name and spell for the court reporter, please?

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Rosalind McKelvey, R-O-S-A-L-I-N-D, last name McKelvey, M is in Mary, C-K-E-L, Lee is in Victor, E-Y.

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

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Yes, sir.

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Proceed.

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Hi. I am not the coordinating RCO. So if Cheryl Smith is here, it would probably be better for her if she has her hand up or puts her hand up to explain as she was the coordinator coordinating RCO. That's my first question. Is she here or does she have her hand up?

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Well, why don't you just give us your point of view and then move on.

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All right. I'm the Wakefield 49er president, and we've been working and had the honor to work with the Mosjet on many different occasions.

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Town Watch, they assist him when people get shot.

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The imam's even picking him up himself, and they're trying to get him to the hospital.

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So we have a relationship, and they've encouraged membership to the 49ers.

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But just for the sake, and let me be clear with this, the most important thing is education and safety.

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And after West Philadelphia, the people that passed away in the fire, they have not read the concerns.

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The people that passed away in the fire, they have not read the concerns and the Masjid has tried to fix all concerns, but the exits that we put in, and I'm only saying this, they said they're willing to do anything they have to do to comply.

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The notes that I got from the meeting that I couldn't be at on the 12th said that they anticipate going for 80 students, possibly.

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The exits for fire escape due to the fact that there's accidents and shootings in the front of the building.

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We look for fire escapes or escape routes in the back.

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There's one door on the first floor, but for the second and third, we did not see any fire escapes.

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We ask them for ladders or some insurance that all staff and students can get out from the rear that enters into a dead end street.

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If they can address that issue, but that would be an L&I issue.

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That's what I'm saying. That's all L&I and fire code.

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Right.

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We're hearing about the zoning. That's what we're talking about.

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We support education, and we are supporting them. I just wanted to make sure the 49ers were clear.

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Thank you very much, and we appreciate your calling in. Is there any other comments in the virtual audience?

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Yes, Chair. We have Allison Weiss.

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Hi. Could you state your name, please, and spell for the court reporter?

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Yes. Allison, A-double-L-I-S-O-N, Weiss, W-E-I-S-S, Solo Germantown Civic Association.

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Right. 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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Proceed.

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Yes. We did submit our letter. I don't know that I saw it submitted with the submissions.

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So we expressed our concerns.

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And I just wanted to reiterate that the granting of this variance does not necessarily grant that there will be a school, because the state has to make that decision.

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So there was no physical hardship given that this property could not be used as it's presently zoned.

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so there's there it's just a question of um will the state agree and we have no assurance okay and

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then the um the um at the meeting when we asked for authorization of street trees which we

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understand to improve the quality of life and to increase prosperity on business corridors

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was completely rejected so we were we were unsure of that so thank you for allowing all right thank

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you thank you for calling in is there anyone else in the virtual audience mr chair this is hillary

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i i just wanted to note that we did receive uh the letter from solo germantown okay thank you

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I think. Yes, Chair, we have Amina Yasmeen.

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Hi, could you, Amina, could you come on, please, and state your name and spell for the court reporter?

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Good morning, everyone.

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Hi, could you state your name? Can you all hear me?

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Yeah, we can. State your name and spell it, please.

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Hi, Amina Yasmeen, A-M-I-N-A-H-Y-A-S-M-I-N, like Nancy.

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Right. 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.

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I am a property owner in the area in a 4,900 block of Germantown, as well as the 5,100 block.

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I provide affordable housing for approximately nine families, 80% of which are in support of the Masjid schooling their own children,

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and the other 20% in support of the schooling facility existing in the community.

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I also operate two restaurants in the corridor.

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One of my restaurant owners is actually on the phone,

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and everyone just remarks at how the children are always so studious,

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so happy-looking, so orderly,

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and we support the Mashed expanding their reach

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in educating students and bringing a more positive force in the community. So I'm

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all for this and I'm in total support. Thank you. All right. Thank you very much for pulling in.

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We appreciate it. Is there anyone else in the virtual audience that has something they could

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offer different than what we've heard? Chair, we have Cheryl Smith. All right.

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good morning can you hear me good morning could you state your name and spell for the court

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Good morning. Can you hear me? Good morning. Could you state your name and spell for the court?

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reporter my name is Cheryl Smith C-H-E-R-Y-L Smith S-M-I-T-H right do you swear or tell the truth

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the whole truth nothing but the truth I do proceed okay I represent the 12th Ward RCO that was my

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letter that was um you know shown on the screen thank you um we have since changed on the left

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at the beginning of the meeting, you stated that our position had changed to support.

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We do support the school. We absolutely support the school. So we will change our vote.

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But we are concerned, and you've addressed those in some of your statements,

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the concerns and safety concerns and fire concerns that come with expanding

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the street concerns, the traffic concerns, which are absolutely not your,

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um you absolutely can't do anything about it but it is a concern and we want that noted that

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we are in favor of it but with those concerns thank you thank you miss smith for calling in

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we appreciate it is there anyone else chair we have anwar right okay

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uh yes good morning my name is anwar right a-n-w-a-r right w-r-i-g-h-t

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Do you swear to tell the truth and nothing but the truth?

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Yes, I do.

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Proceed.

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Yes, I'm an individual who I have two daughters.

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They've both been tutored at the school.

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And I can assure you that that was mentioned from safety concerns.

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The school has been very proactive in making sure, you know, there's safety measures in place, whether for shootings or whether it be for fires or anything other than that.

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The school administration, they've been very proactive in contacting the parents and working with the parents and likewise the students as it relates to these measures.

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also as it relates to um parking and and and things like that we haven't encountered any of

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that which some have mentioned regarding you know uh traffic and things like that

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it's been smooth pickups smooth drop-offs so i'm from i'm from those parents uh who who's definitely

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thank you mr wright thank you for taking the time of this project

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is there anyone else that has something different than what we've already heard

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i see no hands chair thank you planning commission thank you chair bergman ian hegarty for the

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philadelphia city planning commission members of the board the comprehensive plan recommends

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no change to the cmx 2.5 zoning at this location however we feel the proposed use is uniquely tied

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to the presence of the adjacent existing community center and religious institution

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we also believe that the applicant has demonstrated the impacts to neighbors in the neighborhood would

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be broadly consistent with the range of permitted uses in CMX 2.5. Therefore, the City Planning

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Commission recommends that the Board grant the variance. Thank you, Ian. MI 2022, 002-112-4942

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Germantown Avenue, I vote yes. Harold Tenere, my vote is yes. Thomas Hollowan, my vote is yes.

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James Snell, my vote is yes. Ishmael Shaheed, my vote is yes. Thank you, Counsel.

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Number four, MI 2022-001-760-5514 Land Sale Avenue.

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Joseph Consul is the attorney.

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Recommendation of support from Hesentville RCO.

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Mr. Consul is coming back in as a panelist.

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Good morning, Mr. Consul.

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Good morning, Mr. Counsel.

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Do we see Mr. Counsel's hand?

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I'm sorry. Can you hear me now?

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i'm i'm speaking for joseph consul uh i we can hear you now okay uh he's actually in another

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hearing that he's finishing up and he asked if this could be pushed to the end we we will we

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will a little bit later okay thank you

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recommendation and just so you know chair this is tanya it seems like zoom is slowly very slowly

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promoting people there is a bit of a delay thank you for the good news tanya

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you're welcome uh number 10 mi 2022 003 303 892 north 41st street

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0-0-3-3-0-3-8-9-2-North 41st Street, Parcel C.

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Mr. Mattione is the attorney.

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Let's see here.

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recommendation of support from the bell mount alliance civic association

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morning mr chairman morning mr mattione could you state your name and spell for the court reporter

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please sure michael mattione that's m-a-t-t-i-o-n-i right do you swear for him to tell the

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truth, the whole truth, nothing but the truth? I do. Could you identify your client in relationship

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to the property? Yes, it's 2621 Jefferson Development LLC. They're the owner and the

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principal, Eugene Nidovich, is available today. Okay, our vice chair, Carl Tenere, has a few

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questions. Sure. Mr. Mattiani, do you agree to wait the reading of the refusal and stipulate to

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its accuracy. Yes. Have you emailed the exhibit packet with proof of ownership, tax compliance,

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refusal referral, photos under plans of the property five days in advance of this hearing,

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and have you met with the RCO, and do you have a letter? Yes, everything. Okay, you may proceed

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and begin to share your screen. Thank you. Thank you.

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as i stated i am representing 2621 jefferson development they are the owner of this property

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at 892 north 41st which is a large parcel at the corner of 41st at westminster street

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and i have submitted as the vice chair said submitted exhibits including the tax clearance

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the refusal, the RCO letter of support, site plan, floor plans, renderings, and photographs.

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And Mr. Nidovich is available as well.

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And this matter, this property is in the RM1 zoning district.

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And Mr. Nidovich did receive approval for a 30-unit project already.

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However, he is seeking a 30-unit project with variances.

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The biggest one is he would like to remove the green roof and obviously lose the bonus units that he would get with the green roof

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and have a larger footprint, which then creates a refusal on the side yard.

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As we stated, the RCO supports the project.

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The project, again, is a multifamily 30-unit building.

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it meets virtually all of the requirements of the zoning class and it's at 41st and

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Westminster Street. The proposal is for all of the floors to be basically the same

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and that is that they would have

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two bedroom units on each corner, one bedroom unit in the middle,

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and again two bedroom units on the other corner. So a total of six units per floor.

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I just want to scroll down and show the renderings as well.

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Okay, and what he's seeking to do is increase the size of the units.

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When he was approved for 30 units originally, he had 10 studio apartments and 10 one-bedroom units.

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I'm sorry.

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He had 10 studio units.

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He wants to change them to 10 one-bedroom units, and he wants to increase the size of the 22-bedroom units.

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He will retain the low-income housing bonus and will still have the three low-income units that he was originally granted if this variance was granted.

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Again, what we would do is we would still have four two-bedroom units, but they would each be about 800 square feet, 20 total, and two one-bedroom units on each floor, 600 square feet, or a total of 10 one-bedroom units.

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There would also be 10 bicycle parking spaces, trash storage in the rear of the property.

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This property is zoned for multifamily.

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It's compliant with multifamily uses.

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The neighborhood supported this.

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In fact, they asked him to make the units bigger, to have one bedroom units instead of studio units.

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And the way that he accomplished that was to eliminate the green roof and to have a larger building footprint.

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Eliminating the green roof allows him the extra funds necessary to increase the size of the building and size of the units.

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Again, if this variance were granted, he would have a 30-unit building, just like he already has approval for, but with just larger units.

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Again, if this variance were granted, he would have a 30 unit building just like he already did.

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Instead of having 700-square-foot two-bedroom units, he would have 800-square-foot two-bedroom units.

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And instead of having 400-square-foot studios, he would have 600-square-foot one-bedroom units.

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It's not really increasing the density.

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It's just increasing the size of the units.

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And, you know, the community where this is located, it has a red brick facade, it blends in with the red brick facades.

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I want to show the site photographs.

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It's a vacant lot, as you can see at 41st and Westminster.

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Looking to the north, you see multifamily structures.

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Looking to the south again, multifamily structures.

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and in the surrounding area you had a 56 unit senior senior living facility

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again the multi-family structures on the other side and then there is a large school

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as well on the northeast corner of 41st and westminster

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If granted, this project would be developed consistent with the community and surrounding uses.

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It would develop this longstanding vacant property and eliminate the blight that comes with the vacant property.

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It will not increase congestion over what is already approved.

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It will improve public welfare by activating a vacant parcel.

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and it will eliminate the problem of illegal dumping that you often get with

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vacant parcels. Again, this was fully supported and in fact Mr. Nidovich I'm going to call on

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will explain how the community approached him about making the changes that he made

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and that's why they were made and that's why the variance is requested.

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So what I'd like to do is call Mr. Eugene Nidovich.

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Mr. Natovich, you're free to speak.

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