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Hearing video

ZBA Hearing - July 21, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Jul 21, 20215h 54m

proceed with your case okay can we swear him then also yeah mr bertill please identify yourself

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and i'll swear you in uh steve bertill um from clare harrison harvey and brinsburg last name

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spelled B-E-R-T-I-L. Address is 1835 Market Street, 14th floor, Philadelphia PA, 19103.

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We're affirmed to tell the truth, the whole truth, and nothing but the truth?

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Yes, I do.

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Have you agreed to waive and stipulate to the accuracy of these cases?

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Yes, I do.

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Have you emailed an exhibit packet with the required documents, including proof of ownership,

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proof of tax compliance a copy of the refusal or referral and photos and or plans of the property

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five days in advance in advance of this hearing uh yes to all of you have met with the rco that

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yes that is correct thank you

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Okay. Thank you very much. Good afternoon, Mr. Chair, members of the board. As I stated

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earlier, my name is Steve Bertil and I'm here on behalf of the owner and applicant for this

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property. Let me just begin sharing my screen. The properties in question are 42.23 and 42.25

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Powhatan Avenue, which are adjacent. These are under two separate applications, but they are,

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it is the one project of joining properties, contiguous and same owner.

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And so just to give the board some context and some procedural background before we get into

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specific property, as was stated earlier, the RCL, the coordinating RCL assigned for this project

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is the West Powhatan Sanders Park RCO. We've been in continuous contact with them

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up until the community meeting. I've been communicating with Ms. Pam Anderson,

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or excuse me, Pam Andrews, who is the zoning chair and I believe the president of the RCO as well.

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Ms. Andrews was very straightforward and honest with me and informed me on the onset when I

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became involved in this matter, that the West Powhatan Sanders Park RCOs essentially has one

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main mission, which is to preserve single-family housing in the West Powhatan neighborhood.

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You'll see in a moment why we believe, generally speaking, we agree with that

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standpoint, but while we believe that sort of hard line should not and does not really apply

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to these specific properties. And in the context of this conversation that is going throughout

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this application, it's essentially we're told that if it's not single families, essentially

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a non-starter. Now, I did, after our RCO meeting on June 10th, we did have, I did have a phone

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call recently yesterday or the evening or with Ms. Andrews that basically stated that

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the RCO was willing to listen to a proposal of a lower density multifamily, which didn't

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seem to be on the table prior to.

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And due to that change, what we agreed to do was request that the board hear our presentation

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today and hold their vote pending the possibility that the RCO would hear a lower density

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proposal, which, as I stated before, wasn't really on the table before.

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And so what we would ask if the board would grant is that we can put on our presentation,

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you can hear the testimony of our application and whoever wants to testify to this case,

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and then close the record except for hearing the results of a possible second meeting

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to be held hopefully before a I'm not sure if it would be categorized as a resumption hearing or

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how the board would categorize it but we would hope that we can hold the vote for a few weeks

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so we can reconvene again with the RCO and see if they're even if they would consider a lower

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density from our proposal. Correct me if I'm wrong Sharon this would be considered a resumption

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hearing correct? It would be um unless the RCO is willing to agree that there will be no

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no testimony and it would still be a resumption hearing but if you could limit it to um reading

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their another letter into the record. That is what we um they originally uh asked that we uh

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continue this and we informed them that we could not agree to that due to as I think everyone here

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is aware how on the backlog of cases um and therefore this is what um we uh stated that

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we would agree to if the board would allow us to do so um if not we're here to go forward today

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could we check to see if any representatives of the RCO or any attendance um just to confirm that

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they understand that doing it this way would mean no one would testify. It would simply be

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their letter being presented.

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Is there anyone here from West Pelton slash Saunders Park to testify?

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No hands at this time, Chair.

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okay why don't we do this then sharon correct me if i'm wrong again i'm sorry i have a hand now

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Okay, why don't we do this then, Sharon? Correct me if I'm wrong again.

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I'm sorry, I have a hand now.

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oh okay i believe miss andrews is on the line

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i have a miss connie

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i don't know who that is

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arlene

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you can unmute yourself are you here for this case

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why don't we do this uh well let's go forward with the case and then we get to the mls for any

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if anybody has any uh wishes to testify and we'll then consider a resumption okay all right thank

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Thank you. As I stated, we're here for 4223 and 4225 Powleton Avenue. We're presenting

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a proposal for an erection of a three-story residential structure for use as multifamily

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for three units. Before we get into the specific site, I wanted to just talk a little bit about

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the context of the neighborhood in the area in question. So as you can see here from this zoning

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area, we front the property in question is in this area here. We front on Powhatan Avenue. As I

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stated, the main purpose of the RCO that was assigned as the coordinating RCO is the preservation

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of a single family within the West Colton community. Now, we, generally speaking, don't

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have a problem or don't disagree with that sort of mission, but we do believe that for these

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specific properties, we think that hard line is misguided and actually works against what that

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mission is and against what the sort of area zoning shows. As you can see from this area,

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basically every property that fronts on Powhatan Avenue is either zoned as multifamily or mixed

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use, whether it's RM1, RM2, CMX1, CMX2. And I believe there's some industrial use a little

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further up on 40th or 41st. And so as you can see, for some reason that I haven't been able to

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figure out, the area where our property is carved out of that and zone is RSA 5.

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As you can see from this area here, the section where our properties are located,

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this green, excuse me, this blue rectangle is 4223 and next to it is 4225.

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But there's one residential property on our side of the street, and that property is essentially used as short-term rentals, as Airbnb and things of that nature for professors and graduate students.

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And so that was confirmed by both the owner of the property and the occupants.

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And as you just said, pardon the interruption, do you know how many units are in that property?

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I haven't been able to confirm the unit count.

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It's sort of a hodgepodge in this specific, in this property.

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I'll have a better shot of it on the street view.

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But as you can see on our side of the street, this is a church here.

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And then everything else is the athletic sort of complex and basketball courts that are owned by Drexel University.

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I know in the zoning area, it looks like it's, you know, different parcels here, but these are all, this is the basketball court, and this is the church.

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Across the street, you'll see, again, it's mostly zoned ARM1.

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There's a few that are zoned RSA5s as well, but as you'll see in my presentation, across the street is almost exclusively multifamily.

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It was actually there, whether it was done by ride or via variants in the past.

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And that includes a large multifamily complex in the middle of the block.

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But I'll get to that in a second.

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So, again, this is just an aerial of our side of the street where you can see, again, there's one home there.

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And that's an Airbnb.

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There's another aerial for the context.

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And here's the street view.

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As you can see, right now, the parcels are both vacant lots adjacent to each other.

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We're proposing a three-story multifamily on both parcels, identical uses, identical floor plans, which we'll see in the second.

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on both parcels. Identical uses, identical floor plans, which you'll see in a second.

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This is the church in the residential structure that's there. This is the church in their

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courtyard. This is sort of looking up Coweton Avenue. You see the basketball courts to the

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right, and you'll get a better shot of this multifamily sort of courtyard-style structure

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on the left-hand side. And this is looking in the opposite direction, down Pelton Avenue.

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You'll see again that everything on the right-hand side of this photo is outside of maybe one

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property. It's all multifamily. That ranges from duplexes, triplexes, and up the block there's a

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quad. And this is the athletic facility, as I stated. So let me just jump to

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some more photos of the area context as you see this is directly across the street

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with triplexes uh that's a zoom with duplexes more duplexes another quad um triplexes um duplexes

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um again it's almost essentially multifamily and this i haven't been able to confirm the unit count

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on this building. We know it's at least eight units, but this sort of multifamily complex

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that's more of a courtyard style is directly across the street from the proposed, from

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our proposed site. And so we believe in addition to maintaining multifamily, we believe the

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zoning sort of, excuse me, maintaining single family within the community, we believe what the

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zoning attempted to accomplish here is to concentrate multifamily along the main thoroughfare

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in the West Powhatan community, which is Powhatan Avenue. As you can see, everything behind the main

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throughway of properties that front on Powhatan Avenue is RSA 5, which makes sense. Powhatan

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Avenue has, you know, bus routes. There's the 30 and the 40 running along there, and it's also a

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main thoroughfare, and if you want to limit the amount of multifamily that's peppered throughout

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the community, one of the best ways is to concentrate it in one area, and therefore

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concentrating it along Poulson Avenue, as we're proposing, actually goes in line with the zoning

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context of what's actually there on the zoning map, but even further than that, further than

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what's on the zoning map, what's literally on the ground there is almost exclusively

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multifamily up and down Townsend Avenue.

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Now our proposed project, as you'll see, let me zoom out a little bit here.

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has no dimensional refusals. We refuse only for the multifamily use. As you can see from our

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proposed elevation plans here, we're matching almost identically the materials that it's used,

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the style that is used in the existing structure, even up to the historic sort of cornices that are

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popular and well known for the West Powhatan area. As you would imagine, this is all at

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an additional expense, but we wanted to match the existing homes there in terms of style material

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as much as we can up into the front porch and the brick all the way up to the corners.

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So what we're proposing in terms of the density is three one-bedroom apartments, as you can

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see from this floor plan entrance from the beginning, from the front, sort of a galley

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style kitchen straight back to a bedroom and restroom to the rear.

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And so the floor plans are identical on 4225 and 4223.

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And so the floor plan that you're looking here will be the same, just kind of a mirror image.

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As you can see, the second unit, which is on the second floor and the third unit, which is on the third floor, are also identical.

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Michael?

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So when we met with the community group, we informed them that, well, I should say, before

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we met on June 10th, we did have some preliminary meetings.

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The applicant met with the RCO leadership and informed them of their intentions to build

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multifamily here. At that point, that's when they inform them, look, we really only want

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At that point, that's when they informed them, look, we really only want to see single family anywhere in this community, and that's kind of the line was sticking.

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The applicant did go back and talk to some lenders and brokers, and it just wasn't a feasible option.

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In fact, he couldn't even get lending for single family for these two sites.

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the market for new build single family in this area, the price points that they would have to

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sell at would just have to be astronomical. Not only that, in addition to that, we explained to

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the RCO that from the time that the applicant purchased these lots, which wasn't that long ago,

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from now, the cost of construction exponentially increased, which even if single family was sort

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of on the line of feasibility when he first acquired it, that sort of was blown out the

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water when the cost of construction changed. And so we thought considering the context

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and the context of what's actually there and the specifics of these lots, that this would

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be something that the RCO would look at and see, like, there is enough sort of delineation

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from what's normally being requested for multifamily in this area to normal sites and these two

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sites. In addition to that, we agreed to and we proposed and agreed to include 24-hour

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exterior cameras. We agreed to add bike storage on the inside, interior trash storage. We

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proposed working with the church on the corner to source local artists or young artists to

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put a new mural on the other side of 4225 because, as you can see, there is a mural that's there

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on the existing Airbnb home. And we even agreed to have a perpetual easement for that home,

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4221 Pilton, to cross the rear of our yards as a way for them to bring in and out trash

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from the rear of their homes. With those proposals, we thought that the conversation

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was fairly balanced. There were some people that generally were just like, we don't want to see

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any type of multifamily, it doesn't matter the density, whether it's affordable or anything like

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that. And there are some people that asked questions regarding some of the things I just

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described and that we agreed to do. And so leaving that meeting, we were under, as I stated,

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we're under perception that nothing that's multifamily is a option for them. And so we

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elected to go forward so we can explain to the board why we believe multifamily is appropriate.

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We suggested an alteration of density, but that conversation was not able to be had at that time.

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And so considering everything that we are proposing now and our availability and our openness to lower the density to units in the structures, we believe that there may be a path forward with the community, which is why we ask in the onset if we can, you know, close the record at the end of everyone's testimony,

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whoever wants to testify, and hold it for a possibility that they would agree to the two units.

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That said, we came here today believing and strongly believing that multifamily is actually

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the most appropriate for the site. And so, our application is for the three units,

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so that's what we're presenting today. If the board does not want to grant us the opportunity

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to have that conversation regarding the duplexes versus the triplexes.

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Two things.

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Do you have your client available to adopt your testimony?

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Yes, I do.

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Let's do that.

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And I understand there is someone from the community waiting to be heard.

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So we'll do your, swear your client in first,

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and then we'll get to the questions.

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Okay, great.

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My client's name is Saki.

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I don't know if he can raise his hand if he recognized.

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I'm sorry, can you say that name again?

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Saki, S-A-K-I.

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Okay, sir, you can unmute yourself.

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Please spell your full name and I'll swear you in.

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Saki Karamitopoulos, S-A-K-I, last name K-A-R-A.

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M-I-T-O-P-O-U-L-O-S

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p-o-u-l-o-s you swear affirm to tell the truth the whole truth nothing but the truth yes sir

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Do you swear for him to tell the truth, the whole truth, nothing but the truth?

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thank you mr uh saki did you have the testimony that i provided to the board

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this afternoon yes do you adopt and affirm the testimony is true and affirm it is your own

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sure do thanks and is there anything that you would like to add to the board i think you uh

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nope okay okay any uh any questions from the board no no

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is there anyone else who would like to testify in this case if so please raise your hand

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yes chair we have a judith peters thank you miss peters please spell your full name and i'll swear

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you in i'm judith j-u-d-i-t-h peters p-e-t-e-r-s i'm a member of the church and i do not agree

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with the hold on please do you swear affirm to tell the truth the whole truth nothing but the

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