civus
Hearing video

ZBA Hearing - March 3, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Mar 3, 20214h 25m

And as you'll see here, we have several brokers who looked at this for commercial.

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um and and and as you'll see here did not even pre-covid didn't think this was a good commercial

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space and uh obviously now uh it's even more challenging uh those are those are in the

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exhibits here uh that'll show you um hey we also looked at uh unfortunately you know we looked at

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whether you know this would be a situation where maybe you would you would you know tear down and

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you could i think i think we're only i think we max out in height at like 28 feet on this

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uh cmx2 would allow us to go to 38 feet um at roof decks and and basically uh mr friedman and

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mr halpern and the design team said you know what we've got this amazing building here it's

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beautiful let's just take you know let's just take what we've got um and just do a straight

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up adaptive reuse don't put a restaurant in there don't put a catering hall just a nice

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adaptive reuse which is right mr roll our architects um you know his is really his forte

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okay, don't knock it down, don't make it higher, don't add roof decks, don't seek, you know,

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all the different bonuses to go up to 45 feet. And so, you know, this is about as, you know,

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we think least impactful, you know, as far as the code and the least minimum variance

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that you can imagine. You know, we heard some concerns from the neighbors, and I'm sure they'll

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express it. There was some stuff about, you know, sewage line, we talked to the water department,

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it's a public sewer line, we're obviously going to do any repairs that need to be done, you know,

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working with the water department. But we really thought that this was a really just least impactful,

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smart, adaptive reuse of a building that I think at the Preservation Alliance or some of the other

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historical preservation groups looked at this. I'm sure there's probably a historical, there's

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probably a building that could be designated historic because of its industrial use, which is

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really kind of a hot topic now. So with that, I would just, I guess, Mr. Roller, Ray Roller,

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Our architect, are you on the line?

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Can you raise your hand?

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Mr. Roller has been allowed to speak.

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Good afternoon, Mr. Roller.

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Please identify yourself, spell your full name.

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Raymond Roller, R-O-L-A, 1518 Walnut Street, Philadelphia, PA.

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I'm sorry.

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You're swearing for him to tell the truth, the whole truth,

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nothing but the truth?

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Yes, I do.

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uh ray um i i know i kind of stole your thunder on this but if you could just briefly tell the

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zoning board um you know really what was the goal for this you know in that it was basically just to

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come up with a nice adaptive reuse don't add anything um and and just um i think we get that

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part of it i do have a question though uh on the yeah sure the three addition i'll call them three

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extra units you're looking for from the 11 right are they one bedroom two bedroom studios what are

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they um those those are i believe one bedrooms

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yes predominantly we do have one bedroom we have one two bedroom and we have i think uh three or

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four studios right the average size was about 600 square feet that's correct yeah

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all right why don't we do this uh let me let's see if the board has any questions about this

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first any questions from the board no no no no right is there anyone else you have do you need

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anyone to adopt your testimony yeah well i guess ray you you've heard my testimony correct

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yes i have was it uh true and was true and accurate yes it was uh and do you adopt it as

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your own? Yes. Okay. And obviously, if there's any questions that come up, we'd like to reserve

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the right to have Ray come back and explain it. But that really is the hardship in a nutshell here.

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to have Ray come back and explain it but um that really is the hardship uh in a nutshell here as

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far as um again as I said what would happen here you can't because it's well right as far as CMX2

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can you just briefly show what would be um you prepared this plan but as I understand it when

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we talk to city planning the first 30 foot feet of frontage on on um Blavin Street here right here

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this required cmx2 commercial that's labeled this would all have to be commercial correct correct

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yes okay i have no further questions for mr rollo okay thank you i asked the board anyone

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else have any questions please raise your hand if you like to testify if yeah i'd like to ask

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josh friedman who's one of the um principals in 2100 ruffner uh if you could raise his hand uh and um

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just ask him several questions

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Mr. Chair

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I want Mr. Friedman to speak right now

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Good afternoon Mr. Friedman

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please identify yourself with a record

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and I'll swear you in

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are you out there josh yeah can you hear me yes i do now okay josh friedman uh you swear

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and affirm to tell the truth the whole truth nothing but the truth yes please spell your

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last name for the court reporter? F-R-I-E-D-M-A-N. Yes, Mr. Friedman, you've heard my

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testimony, correct? Yes. And is it true and accurate to the best of your knowledge? Yes.

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And do you adopt it as your own? Yes. And just as a reminder, you and your partner looked at

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this property and then were informed by City Planning and Mr. Rolla that it was zoned CMX2

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commercial and would require most of the first floor to be used for commercial, correct?

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Correct.

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And then you went to several brokers whose letters are attached within the exhibit package

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in terms of seeing what was the viability of commercial on a dead-end street surrounded

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by residential, correct?

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Correct.

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And what did they advise you?

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That best usage would not be commercial.

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Because commercial really was not viable at this location?

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Not viable in this space over here on a dead-end.

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Okay. I have no further questions at this time, but again, I'd like to reserve Mr. Friedman to answer any further questions that the board might have, or that anyone else who's participating might have.

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Thank you. Is there anyone who'd like to testify in this case? Please raise your hand.

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Mr. Chair, I have a Ms. Alicia Eubanks, whom I can allow to speak if you want.

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Good afternoon, Ms. Eubanks. Please identify yourself with a record, spell your name, and provide us with your address.

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Alicia, are you there?

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Hello?

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Good afternoon, ma'am. Please identify yourself with a record, spell your full name, and provide us with your address.

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Good afternoon. I'm Alicia Eubanks. My first spelling of my name is A-L-I-S-H-A.

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The last spelling of my name is E-U-B-A-N-K-S, and I am a resident of 2100 Block of Ruffner Street.

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My address is 2128 West Ruffner Street.

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

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yes please proceed ma'am um my concerns is i have two concerns for the actual neighborhood

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now we are a private sewer line so we have a lot of issues with that if like if they're

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planning on bringing in 11 units and want to add four units how is that going to go against as far

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as like if someone come in and work um if someone comes in i should say and flush it all it is we're

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private sewer line so if any issues as far as with the plumbing or anything they have to call

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the plumbing the um philadelphia water line and we all get built to it because it is a private line

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and another additional question is parking that's a that's two of the major concerns within

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them wanting to build this actual unit space uh and can anyone answer the sewer system mr chairman

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No, we can. We actually have been in touch with the Philadelphia Water Department.

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Mr. Roller, can you answer that?

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Because you actually, after the community meeting, reached out to confirm that our building actually connects directly to the city line.

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that our building actually connects directly to uh the city the city line and is not part of

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um uh any any private sewage um arrangement correct can you explain that to the board

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after the community meeting and and hearing the concerns of the residents on ruffner street in

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regards to the sewer line i reached out to the water department and asked them to clarify what

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water lines were in the sewer lines were in the area and which were private and which would be

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public and they sent me a diagram that indicated that the sewer lines in Ruffner Street were indeed

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private however the sewer line along Blabon Street and let me just for the board I just

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want to explain this is Blabon right here with my cursor everyone can see that yes and this is

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Ruffner here so these these apparently are on some type of private line as the neighbors are saying

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but there's a line out here on blabbing correct yes that's correct okay and that that line is is

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the public and that would be where your project gets connected to correct we would connect to

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that line i would ask mr feldman if you have some time could you make a copy of that report

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and distribute it to the neighbors on ruffin absolutely we we actually have um we got the

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diagram put on saturday uh mr rollo whenever if you can get around to it soon i'd appreciate it

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Yes, please. Absolutely. But we realized that was a major issue last week and immediately

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addressed that issue. So that should address that issue. Parking is parking. Anyone else

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would like to testify in this case? Mr. Chair, I have a call in user to, yeah, call in user

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to whom i can allow to speak at this time thank you whoever the caller is please identify yourself

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with the record name and address hello hi good afternoon ma'am please identify yourself with the

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record name and address oh yes my name is adrian fernandez i'm swamp little neighborhood parcels

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association rco and we are one of the affected rcos for the reference street address

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we're in the firm to tell the truth the whole truth and nothing but the truth

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yeah please proceed okay uh we submitted a letter of opposition um to support our community

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for the reasons that were explained at the uh hearing sorry at the community meeting

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We had a conflict and could not attend that meeting.

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However, Mr. Karn did submit a meeting summary form to everyone.

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The first issue we have is that there is no hardship.

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All the hardships that were explained are being imposed by the applicant party.

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I'm not sure who the owner is or if they attend the meeting.

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We did submit written testimony with provisos and as affected RCOs and affected neighbors.

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We want the property to remain as 11 units and not be increased.

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What are the provisos?

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Okay, I'm just going to pull up my letter. Sorry, I had to turn it off for a minute.

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Can I come right back with my provisors?

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I think Mr. Karn is going to testify.

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Can I come right back after he testifies with my provisors?

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Does Mr. Karn have the provisors?

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Mr. Karn?

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I have a provisor.

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Let's hear from Mr. Karn.

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Okay, can I come back afterwards?

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Mr. Karn, you can unmute yourself.

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I'm here.

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Thank you.

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Please identify yourself, sir, by your last name and provide us with your address.

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Charles Karn, C-A-R-N, 3853 North 19th Street, 13th Ward RCO Chairperson, who chair the meeting

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for 21002 Ruffner Street.

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Mr. Kahn, do you swear and affirm to tell the truth, the whole truth, nothing but the truth?

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Yes, sir.

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Thank you.

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Please proceed.

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Good afternoon, board and guests.

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A couple of things during the meeting.

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We did get the package about the design.

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We did talk about the proposal and what was allowed.

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The community had no issue with the allowed 11 units, the over usage of the proposal, we have some opposition with.

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The community had no issue with the allow.

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Basically, I'm looking at the code based on what is defined as the frontage and within 30 feet.

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we felt as though

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during the meeting and it was

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quite a full meeting

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of the block of the people

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who live on the block itself

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the frontage

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that's what was that issue

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what is the frontage is it

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Ruffman Street or if it's Blabin Street

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it's Brett Feldman

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it's Blabin Street right here

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I know sir I've been living right here

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for 45 years

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I just went as far as in zoning I'm sorry

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okay I'm sorry okay then great great great great

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right. But we were talking about our community right here thrives on residential and commercial

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business. That's why we would like to keep it CMX and have mixed use for it. A couple

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things were said that I just, maybe I missed, I didn't hear it during the meeting and I

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was the chairperson. Someone just stated it was a dead end block for some odd reason.

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I didn't understand that.

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And it stops right here.

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I'm sorry.

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Well, I'm not going that way.

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Actually, sir, if you're coming down Blabin Street, you're going to make a turn onto Ruffin Street.

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So, right, if you're running straight like you're pointing that now, you'll be running to the track.

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So I don't think you want to go that way.

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That's what he meant by dead end.

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Okay, okay.

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It's not a commercial thoroughfare.

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It's not a commercial. Okay. In other words, it's not running through that grass lot there.

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I'm just trying to get it right. Right. Okay. Okay. Dead end. Can't make a laugh. Again,

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we feel as though the design can be changed. I'm a bit of an architect myself,

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a different design and maintain the CMX for that building. The owners brought the property in 2019

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absolutely knowing that it was a CMX to building and around residential. We feel as though

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it'd be overused by going to 15. Again, I did not hear, now this is the first time hearing from

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anybody about 14 units no one has came back called talks and emailed or whatever about

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consideration on this so this is something it's part of the test it's part of the testimony and

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it's part of the plan that's being submitted that maximum would be 14 units yeah we have a plan

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change form that we submitted um i spoke to miss saletta about that i'm sorry chair when was that

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submit it. I don't know. Brett? I think we got the revised plans yesterday, sent them either

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yesterday or today. We've been trying to, since the meeting, Mr. Karn, we've been looking at this

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and trying to see how we could redesign the interior because of the windows and the layouts,

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and we were able to finally get that done yesterday. We thought that would be well-received

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to, you know, try to bridge the gap because, you know, your concerns and us still trying to make

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