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Hearing audio

ZBA Hearing - February 18, 2026

Philadelphia Zoning Board of Adjustment (ZBA)Feb 18, 20264h 37m

just to bring it up to basic habitable standards that's not even i hear but like that was always

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going to be the cost so to say it's a hardship that was a decision that was made um to come

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before us and say i bought a single family a large single family home property in a city where it

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cost 145 dollars a square foot to build and now i have to put more units in it again i am struggling

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Maybe it's me. My fellow board members might not have the same struggle with that.

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If it weren't Mr. Dowd and it were another buyer, they'd be in the exact same position.

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And I would have an issue if it was another buyer. I think it's the premise of it is the issue.

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I also am concerned about the number of L&I violations on this property.

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I feel like it's been there for three years.

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There appears to have been lots of L&I violations for construction that was happening without approval and permits.

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And so I just, I, that's all been cleared up and outside the scope of your review, number one. Number two, again, it's a white, it's a 3,600 square foot white elephant. Whoever owns it or occupies it would have to go underwater to make it habitable according to the code.

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Therefore, the only way to offset that is to get a variance from the code to make the use viable.

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That's my point.

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Okay.

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Thank you.

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Questions or comments from our attorney?

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I just want to note that I don't believe that we received the estimate that you showed on the screen for the $145 per square foot.

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so if you would like that included in the record for this matter please please submit it by close

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of business tomorrow thank you yeah that was i think he just emailed but yeah questions from

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the audience for the virtual audience chair we have a hand up from brandon powell okay mr powell

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Mr. Powell

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I'm asking Mr. Powell to unmute Mr. Powell can you unmute please

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Chair, we also have a hand up from Robert Hill.

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Well, if the one didn't answer, go to Robert Hill.

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All righty.

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Mr. Hill, you're allowed to speak.

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Hi, Mr. Hill.

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

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Yes, Robert Hill, R-O-B-E-R-T-H-I-L-L.

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Right.

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

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I do.

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Mr. Hill, are you a neighbor?

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I am the RCO coordinator and war leader of the 44th.

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Thank you.

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Why don't you testify, please?

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So I just want to just, again, reiterate the will of the community members who participated in the RCO meeting.

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In addition to the things that were already communicated in terms of the outstanding with the prior permit violations,

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Just want to note that those violations, the building and construction already had started, you know, prior to receiving any approvals.

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Secondly, during our RCO meeting, it was also brought to the attention of the audience that there was a for sale sign on the property at the time of our meeting.

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And then when it was asked of the owner and the attorney, was the property for sale, the buyer and the attorney stated that if someone came along to offer them a respectable price, that it would be entertained.

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In terms of the owner living in the property, that was never communicated to the RCO during that meeting.

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So this is the first time that we are hearing that. And it was communicated to us that this will be a property that will be fully rented to renters only, as well as just on that block is already very, very dense.

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It's no really anywhere for parking. So even with increase in trash as well as noise as well, too.

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I also just want to state, you know, that there was another property that was mentioned in terms of an old funeral home that was that was turned into a multifamily.

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That clearly is not the case. So that was an inaccurate fact.

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And then there was no talk of even the cost of renovating the property during the RCO meeting, too.

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so just want to make sure that these things are here are noted um you know for the record thank

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you thank you for taking the time to call um you have any questions uh none just to reiterate that

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why don't we wait to see if there are anybody else in the audience you can do it all one time okay

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okay all right anyone else in the audience hi chair brandon powell's hand went up again i'm

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going to allow them. All right, Mr. Powell. Hello? Hi, could you please state your name

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and spell for the stenographer? Brandon Powell, B-R-A-N-D-O-N-P-O-W-E-L-L. All right, do you

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swear or affirm to tell the truth, the whole truth, nothing but the truth? Yes. Sir, are you

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a neighbor? Yes, I'm a neighbor. Please proceed. All right, so I'm representing

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uh triple two so 222 north 53rd street so the property in question 230 um when he purchased

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the house the house was habitable it wasn't the taj mahal it wasn't a shell like it is now

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he chose to make it a shell now the reservations that i have is more so that majority of the homes

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on the block are generational homes and when i say that they're passed down to other family members

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and everybody you know they they take care of the homes and they and they pay attention to who comes

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in the neighborhood and who shouldn't be coming in the neighborhood and when i say who shouldn't

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i mean more so like uh trouble um crime etc so he wants to like he's he's coming to this meeting in

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my opinion with personal problems you chose to jump into the real estate market and these are

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the things that, you know, come along with it, operating costs. So for me, as someone who lives

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in a neighborhood, I don't think making that small dwelling of four apartments or three apartments

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makes any logical sense, because Havrefour Avenue, you have the crime there, you have the crime

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on Ray Street. This block is particularly quiet, and it just raises concerns, because I have an

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And it just raises concerns because I have an elderly mother that lives on a block.

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elderly mother that

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There's a bunch of elderly people that live on a block.

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And from saying that he bought it for $215, now it's only worth $231.

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Well, you know, it was valued at $215 before you made it a shell.

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So now that it's a shell, it's probably worth way less.

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Nobody would pay $230 or $215 for a shell.

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He made it a shell.

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that was his choice now he also chose to to do renovations outside of the legal parameters and

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of course okay that was that was spoken to but that shows you know that shows how you operate

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and he has 15 other properties allegedly so if he was going to do it right the first time in my

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opinion then he would have done so i believe uh during the rco meeting he also stated that

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he wouldn't live in it but now he's saying that he would live in with his

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wife and like it's like it's too much bait-and-switch we can't get a gauge on

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what he's really trying to do I think he's in it for a buck and I understand

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it you know you paid money and you want to recoup on which on your investment

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but I think the way in which he's going about it is the wrong way and I think

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you need to say a single dwelling home it's been I'm 38 years old it's been a

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single dwelling home since I lived on that block okay thank you very much for

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taking the time is there anyone else in the audience no hands at this time chair a modern

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newly constructed single-family home does not exist on this block okay we've heard testimony

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today that homes are generational that means grandma gives it to mom for a dollar and then mom

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gives it to a daughter for a dollar this house was sold so this is not going to be a generational

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home. And this is sold to my client. There's no evidence that he turned it into a shell. It was

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not habitable. Therefore, he wants to renovate it. The facts are the facts. Opinions, we could

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all have opinions, and I appreciate and respect each and every one that testified. But the fact

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is the property is valued at $230, $231. It's going to take $145 a square foot to even just

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make this barely habitable at $3,600, 3,600 square feet. Um, I think, uh, a single family home here

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is just going to be a white elephant. It's one of the reasons why there's so many duplexes on the

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block because these houses cannot be sustained. Okay. If I may. Thank you. Brandon, you're done.

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Thank you. I have nothing else. All right. Planning commission. Amy Boyd with the planning

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commission amyboid do you swear or affirm to tell the truth the whole truth nothing but the truth

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i do please proceed the comprehensive plan recommends no change in zoning at this location

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from the current rsa3 residential single family the appellant has not demonstrated that there are

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unique physical conditions or circumstances that would prevent the property from being used in

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conformance with the zoning code or that the multi-family proposal is in character with the

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majority of the block the planning commission recommends that the board deny their requested

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variance for multifamily thank you mr chair just for the note the planning commission should also

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note that this particular property has a long history of use other than single family home

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thank you okay thank you chair i'm sorry to interrupt we had a hand go up from brian wilson

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um i i think we're closed right now okay so so we've heard a lot and what i'd like to do is vote

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on this next um wednesday at 2 p.m and we'll the board will take it under consideration we'll look

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at all the issues okay mr chair just uh for the point of record uh not that i believe any of this

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would actually happen but i do have to to just note that i ask that the board not have any kind

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of contemporaneous discussions with the board member who had to recruit themselves sure absolutely

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I appreciate that. Thank you. All right. Number four, MI 2025-006-263-3617 Mellon Street.

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Stephanie Boggs Magna is the attorney.

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There's a letter of support from Council Member Gauthier.

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Do we have an RCO letter, Hillary?

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No?

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We do not, Mr. Chair.

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You're being promoted to panel.

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All right.

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Counsel, could you please state your name and spell for the stenographer?

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Stephanie Magana.

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Last name's M-A-G-A-G-N-A.

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Right.

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

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Yes, I do.

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Could you identify your client, the relationship to the property?

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My client is 1260 Housing Development Corporation.

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They are a subsidiary of Mission First Housing Group.

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And our vice chair has a few questions. Sure. Good afternoon. Have you submitted your documents and exhibits five days?

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sure good afternoon um have you submitted your documents and exhibits five days in

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advance of this hearing yes and do you waive the reading note of refusal and stipulate to

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its accuracy i do okay thank you can show your screen and proceed with uk

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one second okay see that

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Great. This project is for 3617 through 3623 Mellon Street, currently comprised of four parcels, all of which are currently vacant and undersized for the RSA five district.

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That is the zoning district for this property, as well as the block in general.

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um I'll know for the record too the property is also located in the mixed income neighborhoods

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overlay district the proposal for this project is that the lots be consolidated to form one lot

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so that Mission First Housing Group can develop a new four-story building for use as five residences

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each unit will be a two-bedroom unit all maintained affordable and all of them will be ADA accessible

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this project is part of mission first larger west philly preservation scattered sites project

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this being the only new construction project that is proposed as part of that

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wider project specifically to allow for ada units to be part of that portfolio

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here's a picture of what the proposed building is going to look like for reference

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I mentioned that this property is zoned RSA 5, so we are seeking a use variance to allow for the multi-family use, which is otherwise not permitted here, and we are seeking approval for certain dimensional variances as well that I'll get to.

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This block, while it's zoned RSA 5, is not dominated by single-family uses. It has a mix of uses.

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um the car there are a lot as well as several others on the site are currently vacant there

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are some single families on the block but right across the street is a 10 unit affordable housing

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building also owned and operated by mission first housing group that is fully occupied

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that we confirmed today there are also several other properties on this block that are two family

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as well as several that are three family as well with three units and two units being on a single

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block so this property and this project is proposing comparatively less density we have

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four lots that are undersized and we are asking for five units on those lots primarily to allow

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us to bring affordable units and two-bedroom ada accessible units to this neighborhood

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the size and scale of the building as i mentioned is going to be incompatible with the other

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buildings that are next door we have a four unit building directly to the right of us

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a vacant lot to our left um so we and we do believe that this will be compatible with the

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size and scale um here are some sample photos of what the interior units are going to look like

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um mission first will construct the project as well as operate it there is existing property

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management on site across the street they'll have a presence here once it's done but they will have

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be able to monitor construction and operations from their existing platform now as well as when

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this building opens up for operations um they are an invested neighbor already in this neighborhood

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so they have the experience that comes with their broader portfolio as well as their immediate

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experience in this neighborhood um on any operational challenges that that can arise

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just by virtue of having a five unit building um here's our site plan that'll show you um what

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we're proposing um in addition to the use variants that we are requesting we also have two dimensional

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variances one is a rear yard variance the properties immediately behind us are vacant

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as well as a front yard variance which is the request that is rather technical in nature we

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are building to the front lot line consistent with other properties on this block we have a setback

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with the building that's immediately to our right if you're looking at it from melon street but

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because the lot immediately to our left is vacant we are required to match the existing building so

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it's rather technical but there are several other buildings on this block and along this side of the

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block face that are built to the property line so that will be consistent with what is shown

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elsewhere on the block these are our elevation diagrams just for reference um oh no we met with

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the manchua civic association to present this project on january 12th while we did not receive

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a letter in response to them we had a very good meeting um there weren't that many attendees i

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I believe there were 3. 1 person abstained 2 people voted in non-opposition.

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That is my recollection of the meeting, but we had a very good meeting with them.

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We've made several very minor adjustments to the ground floor layout of the plans since that meeting.

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But those plans have been shared with them via email prior to this meeting.

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We didn't receive any other comments or questions, and i'll note that the primary conversation point there was the use of this project.

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was the use of this project and there has been absolutely no change to the use

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and there has been absolutely no change to the use or the operations.

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or the operations of this site since we had our meeting with the rco um should the board be

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inclined to grant relief i'll note that we are asking for approval subject to those revised plans

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again allow to allow for the minor reconfiguration of the ground floor

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um and with that i would like kyla bear from mission first to introduce herself

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on the right could you please state your name and spell for the stenographer

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

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Counsel, please proceed.

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Kyla, did you hear the statements I made to the board?

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Excuse me, Chair.

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The microphone is not on.

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Okay.

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All right.

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We'll do it then.

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Could you please re-spell your name?

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Sure.

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My name is Kyla Bayer, B-A-Y-E-R.

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All right.

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