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Hearing video

ZBA Hearing - July 21, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Jul 21, 20203h 54m

for the past 13 years.

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I oppose the proposed zoning use variance request.

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Please refer to my written testimony

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and my nine exhibits to fully understand

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what I am going to briefly highlight

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in my three minute time period.

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Do you have a copy of my written testimony?

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I don't see it. I'm sure it's somewhere. Unfortunately, since we're doing this virtually,

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we don't have the physical documents in our hands or files.

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Okay, I request that that be included in the record.

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318 Eastern Street has been continuously used as a single-family house since 1901,

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a period of 119 years. Gallman purchased the apartment complex in 1986. The house had already

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been standing for 85 years. In 2010, Gallman purchased the 318 property and has had it for

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the past 10 years. So I take strong exception to the peninsula. Now I have four particular reasons

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to object to it. The first is that the application simply does not meet the unnecessary hardship

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criteria. In order for the board to deem this, to approve of this variance request, this use

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variance request, you need to find four items for a use variance. That there are unique physical

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circumstances that create an unnecessary hardship. They have not met that burden. It has been a

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single-family house, I will show you in the attachments that I included in my

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testimony, they could easily build a new single-family house or they could build

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two semi-detached houses. The applicant has not demonstrated that there's a

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physical condition that prevents them from complying with strict

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conformity to the SA3 provisions. The proposed variance would alter the

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essential character of the neighborhood. The applicants claim that the project is a minor

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expansion to a long-standing existing use is simply not valid. The proposed building would

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cover the equivalent of 90 percent of the 4,400 square foot lot. It would dramatically increase

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the density of the entire complex. It would tower over nearby houses and would reduce open space

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on their entire apartment complex.

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It would be equivalent to building

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five semi-detached houses

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in this 4,400 square foot parcel.

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The applicant could build, by right,

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single-family house

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or request a dimensional variance

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for two semi-detached houses.

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They have not met the cure

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by dimensional variance criteria.

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In summary, on this point,

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the applicant has failed to meet

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the four-use variance criteria

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They have not established unnecessary hardship that justifies the issuance of multi-family

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use variants for a RSA 3 single-family parcel.

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The second item, no business or professional office. That is a mute point. At this point, since the applicant has indicated they are withdrawing that, I would ask that that proviso be included if the board sued move in that direction.

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The second item, no business or professional office, that is

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Traffic congestion. The applicant's variance appeal will increase East Durham Street traffic congestion on the narrow two-way traffic, two-sided parking, 30-foot-wide street.

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I think that the board needs to recognize that Sprague Street is a one-way street.

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East Durham Street is a narrow two-way, two-sided parking street.

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So we definitely have a traffic congestion when commuters are leaving in the afternoon from their Sedgwick Station apartments.

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As a side, I would note that even though the Sedgwick apartments and the station are on Mount Pleasant,

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They are called Sedgwick Station because of the historic nature of our neighborhood.

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The last point I will raise is the flash flood risk.

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The applicant has minimized the risk.

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However, I would point out that they currently have 57,000 square feet of impervious cover in a flood-prone watershed.

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This is the largest impervious cover upstream of the flood-prone Sedgwick train station.

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It has a designated flood-prone intersection designation by the water department and there

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are road made flood signs on all sides of the intersection. I would ask the board to

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carefully review my exhibits and I ask the board to reject this RSA 3 use

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variance request. Thank you. Thank you for your testimony. I'm going to hold off on my comments

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until all the other witnesses speak. Tanya, do you have anyone else? Mr. Chairman, is it is it

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appropriate for for me to respond or would you rather hold on my comments? Please respond.

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Okay, I just wanted to follow up on two points that Mr. O'Day made. The first one

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as Mr. O'Day said that in his opinion, we were dramatically increasing the density on the site.

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I just point out that there's already 93 units there. So an increase in eight units is less

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than 10%. On the issue of the hardship, I just wanted to point out that the unique condition

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relevant to this property is the fact that it is surrounded on all sides by our active use RM1

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zoning and i would just remind the board that the uh valley view case which i'm sure you're

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familiar with says that the context of the surrounding area is unquestionably relevant

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to a hardship determination and i think that context of this particular lot located as it is

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surrounded by the apartment complex uh is an indication of a hardship unique to this line

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thank you no i can't think you raised the point i said i was going to wait to the end but

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sometimes I can't help myself. Mr. Chair, could I respond? No, just a second, sir.

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Excuse me. Pardon me. I keep in the letter and the last witnesses testimony keep talking about

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it was these were it was a single family house since 1901. I suspect that maybe on that site or

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where the apartments are, they may have all been single family at one time. That that that's not

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the case. So I don't know when were the apartments, the original apartments built. I would assume

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sometime after 1901. Excuse me. Yes. Could I provide that information? No, just let us finish

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please. So anyway, I'm looking at that as an issue for me. Single family in 1901. Okay.

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It seems like that has changed significantly since 1901.

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All right.

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Tanya, do you have anyone else?

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Yes, Chair, we have about seven.

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We do have someone with the number ending in 486 over the phone if you wish to speak.

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Okay.

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someone over the phone with the number ending at 486 do you wish to give

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testimony no it was Brian Paul trying to chime in before but Jerry's of a call

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my business partner anyone else please raise your hand we have IB Reyes if you

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wish to speak, you can unmute yourself and speak.

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Please identify yourself with the record.

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Spell your name for the stenographer.

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E.B. Reyes.

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E.B. Reyes.

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E.B. Reyes.

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You got a lot of feedback.

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You got a lot of feedback.

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E.B. Reyes.

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E.B. Reyes, I'm here for the 2275 East Cambria Street.

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Please spell your name for the stenographer, please.

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Oh, I-B-I Reyes, R-E-Y-E-S.

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Cambria Street, I think she's on the wrong...

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Yes.

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I don't believe she's here to testify about 318 East Doran,

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Mr. Chair. Ma'am are you here for the Durham Street property? I'll take that as

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a no. Anyone else? No, I'm sorry. No, I was muted. No. Okay, thank you. Anyone else?

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We have a Jeffrey Selling and you can unmute yourself and speak.

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hello and thank you for taking my testimony

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identify yourself name and address my name is jeffrey selling g-e-o-f-f-r-e-y

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selling s-e-l-l-i-n-g and i live at 514 east durham street about a block and a half from the

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proposed apartment site. I strongly oppose... Do you fire a firm to tell the truth, the whole truth,

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and nothing but the truth? I do. Thank you. Please proceed. I strongly oppose this project for many

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reasons, but I'm going to mention three. One, the proposed new three-story large apartment,

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3,900, 60 square feet, building, shoehorned into a 4,400 foot square foot site, will change the

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quiet and residential look and feel of our neighborhood the rsa3 zoning district calls

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for a single family house of 2200 square feet with 50 open area the sheer size of the proposed

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building will overwhelm the neighborhood two i'm also concerned about the increase in traffic and

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problems with parking in a quiet residential neighborhood. I regularly walk and ride my bike

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in this neighborhood and have noticed that the homeowners usually drive slowly, carefully, and

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are mindful of pedestrians, children, bike riders, etc. Many others cut through Durham as a shortcut

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and they drive too fast, ignore stop signs, and are dangerous to pedestrians. The last thing we need

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is more congestion, more cars, and more challenges with parking, which is already an issue down there,

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especially during the day when so many people park near the SEPTA station. The neighborhood

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is zoned for single-family homes, and not only is that its character, but that is what keeps it safe.

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Adding more apartments would add congestion, make parking more difficult for the SEPTA commuters.

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Three, my third concern has to do with the increase in impervious surfaces, which would

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increase stormwater runoff, which is a problem all over the city. The Water Department is working

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to mitigate this with many programs, including a rain garden at the intersection of Durham and

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Sprague Streets, right near this. That has been a problem area in terms of flooding, destructive

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erosion and sending more water into our overtaxed sewers. This proposal would increase impervious

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surfaces, not by only 1,800 square feet, but by 1,800 square feet quite a bit, which in turn

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would cause additional runoff problems, issues with flooding, and add to the volume of our

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already strained combined sewer system. Let me finish by repeating that I unequivocally oppose

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this project thank you here we have thank you for your testimony can't hear

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you I don't have anything further at this time any questions from the board

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for that way okay please Tanya bring it up thank you I'm sorry we have a Natalia

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I believe you're allowed to speak you can unmute yourself afternoon my name is

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Natalia Sereko. It's N-A-T-A-L-I-A. Last name is S-E-R-E-J-K-O, and I'm the Executive Director

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of East Mount Airy Neighbors, and I am here to express the opinion of the neighbors. First,

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I wanted to clarify the vote for this particular variance. There was one person in attendance

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that supported this variance request 46 opposed with 25 being near neighbors as

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mentioned in the letter that we sent out the neighbors did not think that this

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think that this variance demonstrate unnecessary hardship. It was not the least

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variance demonstrate unnecessary

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possible modification possible for that lot. It would increase congestion for

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both the local residents and SEPTA, Chestnut Hill East Regional Rail

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commuters exiting the Sedgwick Station onto a one-way street. The applicant

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site is within the Winnihawken sewer shed and could contribute towards the flooding that is

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present there and that the applicant proposes to build a business office on the first floor which

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would not be an accessory office but would be the regional leasing center for the apartment

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So as a result of the votes of the neighbors and the concerns of the neighbors,

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East Mount Airy neighbors opposes the variance.

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Thank you.

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Jared?

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I would just respond to the neighborhood's comments just by pointing out to the board

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again that while I understand the community's perspective, if this was a brand new apartment

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building and if we were proposing to take this site and turn it into something new but really

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we're adding in a very small way less than 10 percent of the total units adding to an existing

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rm2 zoned parcel in this neighborhood so we're not taking single family homes away

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we're supplementing in essence what's already there at this lot

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thank you

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okay mr chairman yes thomas holloman i like to make a comment according to the plan

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they're going to demolish a building a single family building therefore the designer can build

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back anything he wants he can conform to the RSA 3 code requirements so my

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suggestion would be that he goes back to the existing code here RSA 3 the the

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challenge that we have with a by right development mr. Holliman is that if the

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parcel is as kept as an RSA 3 the setback side yard and rear yards

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requirements that we'd have to meet would create, I guess, what I can only describe as an odd

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building. It would be a new structure that would be surrounded by the parking lot in the apartment

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buildings and would have to be smaller than the existing lot because we'd have to meet the 10

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foot rear yard and the side yards that are required in RSA3. And that was one of the challenges we

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looked at. And that's why we went for the unity of use to try and make this blend into what's

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there rather than creating a new, much less user-friendly lot.

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Well, couldn't you not appeal for those changes to make it conform to the RSA3?

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Because the owners already owned the apartment complex that surrounded it, and because of

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where this lot sits at the front of the remainder of the of the complex um we thought that the the

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highest and best use here was to have it be part of the apartment complex that already surrounds it

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um i have a general i'm sorry tom are you finished i have a question yes okay

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can i can i go frank or yeah yeah um yeah i think 46 is a lot of people to be opposed to this

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with 25 of them being near neighbors that means 25 are in the area and councilwoman bass

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is also opposed to this so i just wanted to put that on the record i i didn't receive

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correspondence from her from her office but if if you have it i believe it's there

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If I could, Chair, we have Charles Richardson available to speak, if you wish.

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Okay, yeah, Mr. Richardson.

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Good afternoon, everyone.

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Charles Richardson, Office of Councilwoman Bass.

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Last name is Richardson, R-I-C-H-A-R-D-S.

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Councilwoman has not made a decision on it at this point.

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She actually would like you guys, the board, to make the decision on whether or not you would like to see this go forward.

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this variance. She notes that the number of people that are opposed are very high and

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she also notes that the developer has done something to try to mitigate some of the concerns.

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some of the concerns so she's leaving it in your hands and we tell her thank you for on behalf of

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So she's leaving it in your hands.

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all of us we do appreciate that uh i have a question and uh i'll pose a question to you

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jared but obviously it's for the other folks that are here uh during your meeting with the rco was

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there ever any discussion or did anyone raise the possibility of reducing the number of units

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or is it or or is the community just stuck on single family does the issue that it's becoming

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a single family becomes multi have more to do with the number of units i guess is what i'm asking

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than it does with the actual use um so i i was my phone i was not in attendance at the original

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RCO meeting, so I can't speak to that directly. My impression is that the community concern has

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more to do with the loss of a single family at this site than it does to opposition to the

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existence of the apartments generally, but I'm not going to speak for those folks.

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It could be, but that could be the driving force. That's why I'm trying to find out.

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