civus
Hearing video

ZBA Hearing - September 30, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Sep 30, 20205h 7m

He had mentioned three of them would be market rate around $1,200 or so for a one-bedroom.

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Three would be in the affordable range at around the $800 range.

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And my client, Eugene Nadevich, is here on this call and can speak more to that.

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Another issue which was raised was encroachment on property lines, which my client assured the assembled that, you know, in order to build and develop and do anything, he needs to have a survey.

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He needs to have a structural engineer if there's going to be any digging, which should not be an issue because his intended property is a freestanding property.

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It wouldn't be physically attached.

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There wouldn't be a party wall.

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And I think that my client, Eugene Nadevich, is here to address some of those other issues.

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but before we get to that did the board want me to run through our materials nothing has really

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been altered in terms of our proposal at this point I do have materials regarding a new

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orange poster and I believe some new mailings but that is of course up to the board

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can't hear anybody can't hear you can you hear me

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yes carol we could hear you frank could you do an audio check again

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no no could you go out go in thank you

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can you hear me now yes yes okay so i think i had asked do you have any exhibits we don't need to

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see the poster because I missed some of your opening remarks. I apologize. I can I guess

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briefly as you had ordered at the previous hearing on this we went back and met with Andrew Goodman

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of Councilwoman Gauthier's office as well as the leadership of the RCO. Right. I'm going to share

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my screen. I have our exhibits. I don't have to go through all of them. Most of them are largely the

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same. I don't

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um i don't think we had any real substantive changes to them let me ask this question i need

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think we had any real substantive

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changes to

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to interrupt you when was the original hearing the original hearing had been in august i believe

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it was august 19th i hear that day

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so the original hearing had been august 19th

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all right i'm just trying to refresh my memory i don't i probably was here but i just want to

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all right is mr goodman on

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no hands are up here let me let's do this before we go any further any questions from the board

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no no no anyone wish to testify in this matter if so please so please raise your hand

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Eugene, you're up

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We have Eugene

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Mr. Nadovich

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Mr. Nadovich, please give us your full name, spell it for us

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Eugene Nadovich

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E-U-G-E-N-E

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last name N-A-Y

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D-O

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Z-I-C-H

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You swear to the firm to tell the truth, the whole truth

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and nothing but the truth?

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I do. Please proceed.

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So

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one thing that

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Isaac said, actually we're going to have four units

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in the $800 range of the six and two

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of them are going to be about $1,000.

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The biggest issues that

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the community had, like Isaac said, was affordability

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which

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We're making $400 to the $800 range.

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We're one of the only developers that's accepting vouchers.

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We work with veteran services, and we try to make it work for the community.

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Some of the fears that they had was the word damage surrounding properties.

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One, we wouldn't because we're not digging that deep.

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We'll obviously have an engineering site.

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And two, it's a freestanding building.

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and kind of the only way we can really make it work in that affordability range because we don't

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have any other subsidies we don't have any other grants it's all private money so the only way for

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us to be able to make it work in that price range is to be able to have that many units it's very

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difficult to make it work with less units because number of units does not make a difference on

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the outside water digs does not make a difference in the foundation does not make a difference in

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roof or windows, so all those costs are divided by six instead of by a smaller number. So we try

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to address all the concerns that neighborhoods had, and I think we did a pretty good job at it.

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All right, so it's still at six units. Yes. We're still at six units, correct?

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Yes. Okay. Isaac, you look like you're ready to say something. I was just going to say,

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I believe Mr. Nadevich is also with at least one of his nearby neighbors there on Brown Street

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who does not have his own login. Is that correct, Eugene? Yes, he's next to me right now.

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Does that person want to testify? If so, please have him get on and identify.

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Hello everybody, my name is William Smith. I reside at 730 North DeKalb Street.

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That's about a block and a half around the corner.

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It's like a block up around the corner from 3860 Brown.

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Okay, you swearing the firm to tell the truth, the whole truth, and nothing but the truth?

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Yes, sir, I do.

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Thank you.

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Mr. Smith, so you are, as you mentioned, a near neighbor of this project, correct?

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Yes, sir.

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And are you in favor of the board granting these variances to Mr. Nadevich in order to build the project as proposed?

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Yes, I'm surely in favor. I've been in this community for a long time, being here all my life.

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And I've seen what's been happening in this community.

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And I do a lot of work with Eugene, for Eugene and things like that.

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he gives a lot of jobs and do a lot of stuff for the community and i actually think that our

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community looks so much better like that and um you know when you build it in the community a lot

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of people have complaints about things that doesn't concern the community but they're not

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helping the community you know and i see him myself yeah i remember you now

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and i see him myself yeah i remember you now i remember this case now

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thank you for your testimony is there any any questions from the board

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no anyone else wish to testify in this matter if so please raise your hand

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no hands okay thank you planning commission

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Good afternoon. This is Dave Munson with the City Planning Commission.

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This property is indicated for residential single-family use in the comprehensive plan.

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This application represents an overuse of the property.

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Accordingly, we object to the granting of the variance at this location.

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Do we have anything from the Councilwoman's office in the file?

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I believe on file we may just have a letter not in favor, but I'm not even sure we have that.

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I don't think we actually have anything written from the Councilwoman's office.

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I know Mr. Goodman had been at the initial hearing on this matter back in August.

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I'm just reviewing my materials.

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Yeah, I remember this case now.

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okay so what i'm going to do i'm going to hold this hold this for one week

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well yeah tanya is it okay if i um interject sure i received email from andrew goodman stating

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finally we remain in opposition of application number three nine nine five oh 3860 brown street

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our understanding is that the applicant met with the community members but they were still unable

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to read the resolution without this as we have stated before we will continue to oppose any

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attempt to poke holes in recent community-led remapping initiatives without true demonstration

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of pasture end of statement thank you thank you clears up a lot um

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so again i just want to refresh myself i missed some of your testimony uh was there any consideration

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on behalf of your client, Mr. Slepner, to reduce the number of units,

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or was there any number of units offered by the community group?

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Well, we, and I will have my client also testify to this.

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Actually, Eugene, would you like to testify to this?

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You're not opposed to perhaps reducing the number of units.

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Is that correct?

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Yeah, that's correct.

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And was that offer put on the table at the last RCO meeting?

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We certainly discussed it.

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We raised it.

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Obviously, it wasn't our first choice.

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Understood.

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But it was raised.

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Well, did the community make an offer or suggestion as to the number of units?

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from what i understand they just want a single family house priced at under a hundred thousand

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dollars but that's not going to happen either all right yeah i don't know that's kind of uh

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the situation that we run into where some community members they want something that

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you know one of the one of the price points they compare it to is why is it more expensive

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than the house that, you know,

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community men brought up, why is this going to be more expensive

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than the house that grandparent bought in the 1920s?

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Understood.

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All right.

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I'm going to take a leap of faith here

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and just suggest that we hold this one more week.

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I would suggest that you reach out to the councilwoman

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and if there's any movement on your part

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or your client's part, Mr. Slepner,

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about reducing the number of units,

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that may be something that she might be acceptable of.

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And maybe not.

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Okay, so we're going to hold this one.

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Excuse me, this is Sharon Salete.

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If we are leaving the record open,

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Mr. Schleffner will have to come back

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and report on any progress.

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Okay.

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We'll need a date and time.

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We can't do this in an executive session then, right?

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Not if you're leaving the record open.

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Well, I'm going to close the record.

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Well, then he can't come back to you with any...

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Oh, that's right.

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He can't come back at that point.

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Yep.

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Okay.

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okay all right can we get a date my calendar

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yeah but it's our calendar yeah

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i mean i will make myself available let's put it that way i'm just i just picked up my calendar

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october 28th at 2 p.m all right so sure we'll hold the record open tanya uh sharon until october

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28th? Yes. At 2 p.m.? And I'd make it very concerted.

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yes at 2 p.m and i'd make it a very concerted effort to go and speak with the councilwoman

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we will certainly make an effort to do that and then um mr slepner you will return to report

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any progress and i will be back before the board on october 28th at 2 p.m thank you do i need my

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client at that point i'll probably bring them your choice your choice yeah i don't it's up to you

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all right in any event i'll be there thank you i have nothing further before the board today

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thank you thank you all right have a good day thank you

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calendar number mi 2020 001154 4328 main street

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the attorney is william o'brien

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mr o'brien hold on a second please sharice are you okay

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yeah i'm okay i just had to check something i'm okay you'll let us know all right thank you okay

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carol yeah i'm looking for mr o'brien i don't see him are you there

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i just promoted him to panelists he had to go out and come back in okay

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hi mr o'brien please put your name address on the record uh william o'brien manioc law office

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4322 main street philadelphia 19127 on behalf of baker street partners uh i have okay do you

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swear or affirm to tell the whole truth and nothing but the truth i do you also agree do

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agree to waive the reading of the refusal and stipulate to its accuracy i do another question

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have you emailed the exhibit packet with proof of ownership tax compliance a copy of the refusal

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referral photos plans of the property five days in advance of this hearing and have you met with

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the rco and do you have a letter yes we have a letter we've met with the rco the documents have

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been sent we're ready to go okay great go I'm going to share my screen

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the first page is an index if that's it might be easier to catch to follow but

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i've gone through this the first uh on page two starts the deed um and uh the bear with me

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um the tax clearance is on page seven uh when i put it in it came up non-compliant

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um i then checked the uh history of tax payments on the property it actually shows a 4100 credit

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balance um i then sent a letter or an email rather to the um tax clearance unit requesting um that

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they you know respond if this doesn't seem to be correct i've not yet heard an answer i did copy

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uh josh cohen uh councilman jones's uh chief of staff but the revenue department has not yet

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responded um the property is a vacant lot uh the photographs on pages 10 and 11.

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a a local artist was kind enough to put a cover cover the board with a um a mural

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so many guys got a lot of murals um the next photograph is the rear of the building from

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the towpath that's the canal wall you see here

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and the next two pages are renderings of the proposed building that will replace

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that will be built on the lot the historic commission has approved uh the proposed facade

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because this is in the historic district it has first floor retail apartments on the second and

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third and a roof deck on the on the roof the door to the left is the entrance to the commercial area

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the door to the right is the entrance to the apartments and then from the back of the building

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the rendering depicts this is a retaining wall with a planning bed on top at the canal tow path

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at the canal towpath, which is required under FEMA flood requirements.

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which is required.

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The rear window here on the first floor opens, but it is not a deck.

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The second and third floor have Juliet balconies, and as I said, there is a roof deck on the

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top floor. The height is compliant, that's the elevation on page 14, that's the front elevation,

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