civus
Hearing audio

ZBA Hearing - January 21, 2026

Philadelphia Zoning Board of Adjustment (ZBA)Jan 21, 20266h 17m

next page and it just shows it from a google maps perspective we're in a neighborhood

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photographs of the property so this has been the condition the property for some time next page

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showing since 2007 there's proof of posting

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properties to 6th street to the right of the property 6th street to the left of the property

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then our plans and drawings so what we did was reduce the height of the property so the massing

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similar to properties you know to the left and right of us we also inversed uh the layouts they

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wanted the stairs to kind of like be side by side uh and at their request we did so next page

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uh so again we have no dimensional refusals here next page

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next page um yeah i what i would show there is that if you look in the middle of that page

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that was where the old building struck it was going to go much deeper the building structure

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and at the request of the community we decreased the size of the building structure just to benefit

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the people on the intersecting street we didn't want to take away their light and air it would

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have been allowed as a right anyway but at their request we did that next page

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and then these are the floor plans simple floor plans you go into the front door you have a

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common bathroom bill to the right is a one bedroom one bath which is a bi-level unit uh the you know

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there that unit will have trash stored outside um unit number two you go up to the second floor

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that's also bi-level three bedroom three bath uh vincent and his wife plan to move back to

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philadelphia he actually owns the property next door too so he's a well-known quantity he just

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wants to move he's you know he wants to live in philadelphia and you know he wants a lower level

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he wants the first floor unit just as you know to grow responsibly uh in that property um and this

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is the way he's able to now afford to live in philadelphia by offsetting his mortgage payment

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by having unit number two, a three-bedroom, three-bath.

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Next.

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Just a side view of what everything looks like.

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Next.

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We met with the community last time.

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We met with them was January 6th at 7 p.m.

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Alex is making me see if I can see that small, but yes.

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And we met with how many community members did we meet?

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uh uh how many community members did we meet with uh 226 uh addresses were notified of the

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community meeting list of the addresses are behind that proof of mailing those addresses

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our application for appeal that we filed on behalf of vincent and his wife and he does own

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in his personal name so he this is non-intentional intentional development opportunity to flip it

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uh the deed to the property and then tax clearance certificate while there's a balance owed it's not

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owed until march 31st uh with that it's in the basement i didn't oh it's just it's just open

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floor plan down there so he's just going to have openness down there so um i would just ask that

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could you please state your name sir and spell for the stenographer yeah vincent fam um v-i-n-c-n-t

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last name spelled p-h-a-m right do you swear a firm to tell the truth the whole truth nothing

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but the truth yes i do oh yeah so vincent you heard everything i had to state today about

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your zoning matter correct yes and is it true and correct that is true correct yeah and the

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adopted is your own testimony yes i do thank you questions from the board so what's the height of

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the uh the depth of the basement below grade um so unfortunately i don't have the benefit of that

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but alex if you can pull that up there um it will be helpful i don't have it in front of myself uh

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you want to just expand that out looks like well it's not to see only he wants to know how deep it

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is yeah okay so you're seven feet below grade uh i cannot see it that way yes yes we are seven

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feet below great well it's also to mimic yeah i see what you what you what you're looking to do

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on the uh on the front elevation to try to match the adjacent property but it wouldn't hurt to not

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match it exactly and raise the basement a little bit more out of the ground i'm quite sure the

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basement next to you is probably only five feet or probably five feet below grade so um you you

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you reduce the amount of underpinning you'd probably have to do if you raised it some and

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still keep your nine foot ceiling height you want to keep in the basement so that's other than that

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i don't have an issue with the plan other questions yes um it says here that the support from the

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community is based on the latest revised plans shown to them so is that what this is yeah the

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only thing we changed on top of that is we inverse the floor layout that was the last thing that

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they asked us to do so they saw everything you saw today other than the inverse layout which

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we promised we would do in which we did okay yeah so like those other four things um let's see so

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occupied area Alex can you put the occupied area reduced to 649 square feet we showed them that

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The rear yard depth increased to 29, 23, almost 24 feet.

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We show them that.

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And the building height reduced to 32 feet.

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We show them that.

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And then the building laid out inverse was at the last meeting, the last request.

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All right.

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Thank you.

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You're welcome.

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All the questions.

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I'm sorry.

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What's the width of the parcel and another question I'm going to remember?

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The width of the parcel is 16 feet wide.

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are you dealing with the trash on it for the second so the first floor unit will have trash

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stored in the rear the second floor or the the upper unit will have oh there alex is showing

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is where we're going to have storage area ventilated trash closet

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where is that it's right he's circling it right there do you see it uh board member john's okay

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got you and then there's a stackable next okay

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the questions questions from our attorney hillary emerson

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um not a question just um a uh a request if the board grants this um with the revised plans if

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you could update the proviso form just to indicate what was inverted about the layouts that just

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look like the steps basically yeah it's like the tree yeah if you could just clarify that and also

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note that the the location of the pilot house was changed as well yeah it was complete inversion so

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like wherever it was left is right whatever was right was left right right just if you could

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clarify that that we can do that yeah that would be helpful thank you questions or comments from

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the audience the virtual audience excuse me there are no answer any commission amy boy with

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excuse me there are no answer planning commission amy boy with the planning commission

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the comprehensive plan recommends no change in zoning at this location from the current rsa

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5 residential single family the appellant has not demonstrated that there are unique physical

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conditions or circumstances of the property that would prevent it from being used in conformance

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with the zoning code the planning commission recommends that the board deny their quest

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variance for two-family household living yeah mr chair can i just respond shortly sure uh there

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are five other examples of duplexes 1027 1025 1021 1005 1001 all duplexes on that block and as i

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stated the community was against the read mapping of this block where it was originally rm1 up until

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2015. uh you know again the affordability of this project would not exist but for the fact that

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we're asking for a duplex. Thank you. MI 2025-005-215-1024 South 6th Street. I vote yes

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with proviso. Revised plans, one page, stamped by ZBA January 21st, 2026. Michael Johns, my vote is

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yes with proviso. Cheryl Gaston, my vote is yes with proviso. Senator Graham, my vote is yes with

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proviso ryan mcadams my vote is yes with proviso my vote is yes with proviso thank you

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thank you okay uh number five mi 2025 005 349 1117 north 40 street um i do have a note here from

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council this will be held for an amended refusal is that correct that is correct we're still

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waiting for the refusal what's for the record state your name uh alan why did you look at her

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and smile exactly no she gave me she gave me a look like we've been we've been asking for this

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refusal for a month yes yes we've been asking for some time oh okay um our vice chair has a few

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questions for you good afternoon have you submitted your documents and exhibits five days in advance

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of this hearing? I have. And do you waive the reading of the refusal and stipulate to its

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accuracy? Yes, we have. Thank you. You can begin your case. All right. So similar to the project

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before, there was much discussion in the community about revising our intentions for this project.

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And when we did, we received their support. So this is a CMX1 property that's next to RSA5. So

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we're allowed one residential unit and one commercial unit. We were proposing to have,

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if you alex if you shared the uh notice of refusal we were proposing to have a triplex here

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um the community is like no we think it's more appropriate given the context in the neighborhood

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to have one commercial unit uh and two residential units thus you know the you know the the use

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variance request is one additional residential unit um they also wanted us to deal with the

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the issue in the nose refusal the first one about the setback they wanted us to set back mimicking

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the property to the left and the right of us which we did and you know that's you know that's

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one of the physical changes uh that we requested i do believe we have a proviso form here which

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talks about i think we increased uh the occupied area to 87.74 percent where originally we proposed

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81.20 and we're waiting for you know amended refusal that's in character to what's in the

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nearby properties those the property to left and right of us have a hundred percent law coverage

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so what we're proposing mimics what's there from a use standpoint as well as from a dimensional

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standpoint alex continue so we received a letter of support and if you read the letter it was it

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was it was good it was like hey if you want to ever build here you know assuming we get this done

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um we would like you to do it because you listen to us and that's why we've received their support

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so next and well i think it was more people than one but yeah i mean but that's fine uh next

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and then we got a petition of surrounding properties next in support of this

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and then just to let you know half of the properties on that blocker are vacant land

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so we are hopefully to encourage we're hoping to encourage development by what we're doing next

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and you know prior to this um our property had two residential units above a commercial space

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so mimics the history as well next we're cmx1 continue just showing it all right so we're that

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vacant property in the middle continue proof of posting for today's hearing prop you know to the

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right of the property to the left of the property our plans and drawings so if you look at it from

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our plans and drawings so if you look at it from that visual it looks like we would just fit well

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that visual it looks

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within the fabric of the community next

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and then if you look at the site plan to left and right of us is shaded

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i can barely see it but i'm hoping you can it's full lot coverage so even though our variance is

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asking for a variance for occupied area we're still less than the properties to left and right

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of us continue and then just uh you know again uh the elevations next next uh and then the floor plan

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so we don't have to worry about basement living here um because the commercial unit's going to

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take the first floor and the lower level then the the units above um are you know residential in

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nature. There is ventilated trash closets for each of the residential units. Next.

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And then obviously trash for the commercial unit as well in the rear of the first floor.

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So we met with the community again multiple times to get this right for them. And that's

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last time, the last notice we sent. And we sent it to 130 addresses, the notice. And the addresses

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are behind it proof of mailing to those addresses our application for appeal along with notice

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refusal and project information form deed to the property showing that brian crinton is the owner

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of the property certificate of tax clearance and those taxes have been paid so with that being said

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i know that brian is in the virtual audience i would ask that he uh be sworn in and i'll have

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few questions for him sure ryan brian you said ryan his name brian brian

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brian is coming in as a panelist thank you

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here you go can you hear me yes i can sir could you please state your name and spell for the

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phonographer yes my name is brian crittenden brian b-r-y-a-n crittenden c-r-i-t-t-e-n-t-o-n

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do you swear or affirm to tell the truth the whole truth nothing but the truth yes sir please proceed

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counsel yeah brian you heard everything i had to state today about your zoning matter

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correct is it true and correct what i stated yes it is and do you adopt as your own testimony

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absolutely thank you questions from the board yeah i just want to understand um from a hardship

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standpoint since this is new construction what's causing the setback i mean sorry the rear yard

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and the lot coverage to be above 75 percent well i mean in order to have a functional floor plan

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here um to have decent sized units we're asking for that um and in addition like that's going to

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increase not just the residential units it's going to increase the commercial unit to have

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more flexibility uh you know i think brian was expecting to have professional offices in there

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and then we just didn't want to like squeeze people in both from a commercial and residential

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sense had there been any attempt to try to get the three feet back out of the plan i mean i mean i i

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think that we wanted to instead of doing four stories we wanted to mimic the architecture

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and the design to left and right of us and you know again we're not if anything we're less in

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in we're asking for a less variance in the properties to left and right of us

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where we're going to be completely closed off so you know I think our architecture mimics and

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does a better job than the ones who left and right of us all the questions yeah did the RCO

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and or the community have any kind of limitations in terms of the commercial space no we we stated

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just cmx1 zoning i mean we didn't even push it to say well can we at least get cmx2 there

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um we're we felt comfortable and as you know cmx1 zoning is definitely a lighter load on a community

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and we and we felt it was appropriate and if we have problems you know obviously getting you know

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some tenants we may be back here but we feel confident we're going to get tenants based on

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cmx1 zoning questions for attorney hillary emerson not at this time mr chair or comments from the

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virtual audience yes chair there's a hand up by the name of joy smith and i will allow her to speak

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sure

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would you please state your name joyce

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would you please state your name joyce

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joyce smith can you unmute yourself please

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unmuted hi hello hi joyce could you please state your name and spell for the stenographer

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my name is joyce smith j-o-y-c-e s-m-i-t-h

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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 yes are you are you neighbor yes i am all right please proceed okay so uh well good afternoon

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everyone good afternoon i want to thank the zoning board of adjustment for allowing me to

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address this um project um i am a resident of east parkside neighborhood where this development

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is proposed. I'm also a member of several neighborhood stakeholder organizations and

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I work closely with our community RCOs. Actually, as stated, we did have two RCO meetings with this

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developer regarding this project. During the first meeting, the residents clearly expressed

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the importance of preserving East Parkside's shrinking commercial corridor and our strong

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desire to see it revitalized in a way that serves the community. We welcome a level of density

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and development that aligns with the zoning code and will not negatively impact the future

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of our business corridor. We support development that every community desires on their commercial

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corridors, mixed-use projects with business spaces, at least on the first floor. And so I want to say

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that this developer listened to us he listened to our concerns and returned with an amended proposal

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that includes that included commercial space on the first floor and we just want to commend this

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developer for being responsive and respective of our community's input and it's also i just

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want to add that it's encouraging to work with a developer who also understands the values of

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aligning a project with the community's needs and vision. And I just want to add, we do have

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the Painted Bride just moved their administrative office. It's not on the corridor, but it's adjacent.

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It's just right on the corner, so it is considered commercial. And we also have the city's rowing

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company. Our corridor, we're really concerned about our corridor because we don't want to set

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a bad precedent where developers are coming when these vacant lots of building apartments.

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we want a walkable community so again I want to thank the developer for amending the proposal

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