civus
Hearing video

ZBA Hearing - September 20, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Sep 20, 20235h 43m

Like, we've actually secured the site with a fence.

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But even every few weeks, that fence gets knocked down.

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Oops, I'm just trying to get to the next page.

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uh and then here's our hearing notice proof of notice of uh of posting of that notice

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in front of the property and then here's allegheny to the right of the property

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like as you can see there's apartment buildings on both sides and then

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Like, as you can see, there's apartment buildings on both sides.

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And then West Allegheny to the left of the property, you can see there's a humongous apartment building here and there's an apartment building here.

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You know, my research that I did, we looked at it.

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You know, there's apartment buildings at 3136 North 16th, 3127-27 North 16th, 1508 West Allegheny, 1419 West Allegheny, 1605 West Allegheny.

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And 1584, West Allegheny. All would require variances if they had to strictly comply with the current zoning of this neighborhood.

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And then I also want to point out, again, one of our refusals has to do with the lack of compliance with the rear yard.

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So you can see here, this is our property. Here is the actual park. We're going to have a five-foot setback.

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But again, you'll see from our site plan, there's a significant buffer, I think, of 12 feet, maybe 15 feet up an alley.

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So even though we don't comply completely, we're not taking anyone's light in there by not complying with the 20-foot rear yard setback requirement, which is out of character for, you know, for, you know, RSA 5 if they had to comply with RSA 5.

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Just make sure I didn't miss anything.

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All right. So technical issues here.

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All right. So these are our plans and drawings, our site plan.

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So I want you to go over each of the refusals one by one.

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So the dimensional refusals.

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So these are all because these are RSA 2 zoning requirements.

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So first is the maximum occupied area, where 40%, which is 12,800 square feet, is required, while we're providing occupied area of 49.3%, we're posing 15,768 square feet.

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Again, de minimis under the circumstances and in line, much better than the surrounding properties.

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The second refusal has to do with the minimum side yard is eight feet and five feet is proposed.

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So these are where the minimum side yard, where we run a foul of this is, let me just decrease this, but like it's right here, board and right here, right?

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So 1508 West Allegheny, which would be most directly impacted by that, is an apartment building, and we received their support.

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They have no issue with that, and they shouldn't because if you look at their building footprint just on their site plan, they don't have any side yard on a portion of it.

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And then the individuals on North 16th Street, we received the support of 3121 North 16th Street.

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We met with all of the neighbors on this street.

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I think there may be a couple of vacant lots here.

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First of all, they're big trees that separate us from them, so they won't even see our property.

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But we actually decreased the size.

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This originally was zero over here.

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We made that equal as eight feet here and then five feet over here, which the neighbors had no issue with after we showed those revised plans.

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and the next oops

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the next refusal has to do with the uh 20 foot uh rear yard setback again as you can as everyone

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can see over here if i can move this thing no i can't stop sharing my screen

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I'm trying to stop.

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Let's see.

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Okay.

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Just trying to get to the other pages.

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All right.

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So here, regarding the rear yard,

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Here, regarding the rear yards here, I keep expanding and I keep losing the screen, but like there's the five foot setback in the rear.

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Again, we have an alley, which is 12 feet wide in nature.

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which is 12 feet wide in nature.

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So we have a, what's it called,

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So we have a, what's it called?

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an artificial buffer of 12 feet there.

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And behind us there is a park,

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which there'll be no direct impact of light and air

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under the circumstances.

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And then the last refusal, dimensional refusal,

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has to do with the height of the property,

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where we're looking to go above the 38 feet requirements.

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Again, the preexisting building structure is 42 feet high.

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We're not changing the height of that.

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and the other building structure is actually lower at 40 feet high right here.

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The only reason why we get the height variances of 49 feet is because our pilot house hugs the rear of that building structure.

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All right. So as you can see from our rendering, what we're trying to do is repurpose the four-story building that's in the front that you saw that had a ton of graffiti on it that's been dilapidated.

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and we're repurposing that, we're refinishing it, and you'll see in the rear what we're trying to

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do is build a building structure that mimics that. So this is the building A perspective

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from the parking portion of the property, and then this is building B perspective. Again,

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what we try to do is mimic that building as much as possible. And then this is building B. What

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you can also see is there's two trash enclosures on each part of the property for trash storage

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outside of the structure. And you can also see that we created a parking effect right here as

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well. But it was also important for the neighborhood of having a responsible trash storage

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maintenance and removal plan. And that's why we put two separate enclosures like this outside

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where individuals could store the trash until pickup day.

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And then this is an aerial view of the building structure.

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So this is the current building structure.

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And then, as you can see, a little smaller version is, and that's building A, and this is building B.

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And as you can see, we really try to buffer as much as possible our building A, which is existing,

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but we try to put as much landscaping as possible around the residential portion of the neighborhood.

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And you can also see here, and here is outdoor trash.

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And then for the Building A, that's 53 units.

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On the first floor are nine one-bedrooms, a two-bedroom, and a studio.

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And then on the second through fourth floors, each floor has 12 one-bedrooms, one, two-bedrooms, and a studio.

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And then here you would see for building B, the first floor is, well, the whole building is one-bedrooms.

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But you'll see here there's a mail room, there's a bike room.

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Even though we're not required to do this, each of the buildings will have elevators.

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You know, there's actually even a shared space for the community that we are also putting in here.

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And again, most importantly, these are ADA compliant units.

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Now, we did meet with the community, and here's our proof of mailing of that notice.

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We met July 25th at 6 p.m.

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80 notices, 80 properties were notified of the meeting, proof of the addresses to those properties, proof of mailing to those addresses, and then again, we always do this.

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When we send our notice out, we also send the notice out to all of the RCOs, not just the coordinating RCOs, all the RCOs, as well as the council members zoning aides.

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But you can see here that Tioga United did receive notification, at least it was emailed to them.

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I can't speak to whether they received it, but we did send it to them.

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So when they told us they didn't get it, I was a little bit surprised that they didn't get it.

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But at that moment, I didn't have the email, but, you know, we did look through our records, and that email does exist.

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And then here's our application for appeal.

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Jeez, today is just our application for appeal that we filed, along with the notice of refusal, our project information form,

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Our project information form.

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or deeds of property showing the 15

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Our deed said property showing the 1510 West Allegheny

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F LLC is the owner of the property.

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And our certificate of tax clearance.

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With that being said, I will ask that Irina

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virtually raise her hand.

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Irina?

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Yes. Hello. Could you state your name, please, and spell for the court stenographer?

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Yes, absolutely. My name is Dr. Irina Zerichny. That's Irina, I-R-I-N-A. And last name is Zerichny, Z-E-L-E-G-Z-E-B-R-A-A-R-I-C-H-N-Y.

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

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Yes, I do.

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Proceed, counsel.

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Yes. Irina, you heard everything I had to state today about your zoning matter.

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Yes, I did.

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And is it true and correct?

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Yes, it is.

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And do you adopt it as your own testimony?

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Yes.

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Thank you.

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Questions from the board?

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No, Chair.

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No, Chair.

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Questions or comments from the virtual audience?

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Oh, yeah, Chair, I see you.

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Hands are going up.

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The first one is the phone number ending in 9176.

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I will allow them to speak.

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Hi, good afternoon.

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Could you state your name, please, and spell for the court stenographer?

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I'm sorry, Chair.

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That seems to me Mr. Holloman.

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Okay.

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Do you have anybody else there?

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Yes, Chair.

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There are six hands up now. The next one is a phone number ending in 0601, and I will allow them to speak.

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Please.

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Hi, could you state your name, please?

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Hi.

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Did the hand go up?

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Hi, could you state your name and spell it, please, for the court's sonographer?

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sure it's uh ben weinstein b-e-n last name w-e-i-n-s-t-e-i-n right do you swear

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a firm to tell the truth the whole truth and nothing but the truth yes are you a neighbor

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yes proceed

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so we are uh the owners of uh hedgerow apartments which is uh a neighbor to uh this uh proposed

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project and uh we are uh offering our uh full support for the project and uh endorse it okay

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thank you for taking the time yeah i'm sorry no we feel it's going to add a lot uh to uh

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the neighborhood and uh okay well well thank you very much for taking the time to call in

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i appreciate it is there anyone else in the audience yes chair the next one is the phone

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number ending in 3552 and i will allow them to speak hi could you please state your name

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it's spelled for the court stenographer hello hi could you state your name for the court

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stenographer um yes my name is adrian fernandez i'm just asking that i can testify last because

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i'm on the other line is that okay you will we'll try to get you in a little bit okay thank you

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who else is who else is next the next the next person is it phone number ending four three three

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six is allowed to speak hi could you state your name please and spell for the court stenographer

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hi my name is philip balderson p-h-i-l-i-p balderson b-a-l-d-e-r-s-t-o-n right do you

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swear or affirm, tell the truth, the whole truth, nothing but the truth?

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I do.

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Are you a neighbor?

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Yes, I am.

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I'm the principal of a company called Edgewood Apartments, LP, that is the owner of the

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immediately adjacent property on Allegheny Avenue.

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right um i feel that uh this project is reasonable in scope and scale given you know what is existing

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with the four-story structure and uh as the board may or may not know the property next door

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As the board may or may not know, the property next door is an affordable housing property.

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is an affordable housing.

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And the city, as far as we're concerned, is in need of additional affordable units.

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And we believe that adding housing stock at this location is certainly a positive.

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And we are in support of the project.

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Thank you.

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We appreciate you calling in.

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Other hands up.

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Thank you so much.

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Thank you.

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Yes, Chair.

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Sorry, there's four more hands up.

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all right proceed the next one is harold harold hawkins

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hi could you please state your name and spell for the court sonographer

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harold h-a-r-o-l-d hawkins h-a-w-k-i-n-s right do you swear on the firm to tell the truth the

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whole truth and nothing but the truth yes i do are you a neighbor yes a neighbor on 16th street

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um as though it's been stated that i received mailings i have not received the mailings i'm at

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3109 16th street um my concern is the parking already congested area with parking as we speak

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before this project is beginning and now okay that's my concern no no but thank and we appreciate

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you calling in and having your input. Who else is there on the list? Charles Richardson is next.

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Hi, Mr. Richardson. How are you? I'm well, Mr. Chair. Did I swear you once today? You did. Okay.

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Just state your name for the record, please, and proceed. Charles Richardson, Office of

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Councilwoman Cindy Bass, room 508 City Hall.

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Based on the coordinating RCO support,

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the Councilwoman has no opposition to granting the variance.

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Thank you for taking the time to call in.

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We appreciate it.

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Who else is on the list?

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I have a caller with a phone number ending 5904.

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We'll be allowed to speak.

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Please.

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good afternoon i could you state your name please and spell for the court stenographer

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hi my name is scott simmons s-c-o-t-t-s-i-m-m-e-n-s right do you swear or affirm tell the

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truth the whole truth nothing but the truth yes i do please proceed all right so i i own a property

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in the area under the uh entity strategic equity group and united phl um i've had exposure to this

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area for dozens of years this particular property is set in disrepair and the area needs density

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the area is not going to suffer i don't in my personal opinion especially with the unit mix

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the small units, and this is going to make many elderly people and affordable housing participants

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access the nice brand new housing, and I absolutely fully support it, and I've met these people

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before, and I've met other developers, and these people shine heads and way above. Hopefully,

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everything's going to go, and hopefully, you're going to approve it. The density is going to be

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a major benefit for the area. Thank you for taking the time to call us and offering your

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insight. Who's next?

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