civus
Hearing video

ZBA Hearing - October 2, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Oct 2, 20245h 55m

parcel it actually includes this little bit here as well which was part of the lot line relocation

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it was actually owned by the adjacent HOA that is in support of the project I believe that's some

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of the letters that you received but this parcel is an ICMX parcel located mostly in a residential

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area, around other multifamily and residential properties.

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I'll just show the aerial.

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As you can see, the property that was there was, I think, last there prior to 2007.

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This property has been at least vacant since then.

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It was recently demolished, just given its bad condition.

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And the last use on record was in 1958 for an auto body shop.

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the refusal that i mentioned is just due to the icmx zoning this is just the photos of the

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property um although it's zoned icmx there's a lot of residential multifamily nearby um 1743

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tillman street is a three unit building 1741 is a three unit building 1706 north second street

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is 7 units, 1701 North 2nd is 88 units, and 1801-05 North 2nd Street is 20 units.

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Just some aerial, sorry, some street photos of the property and the zoning posters.

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Just some aerial, sorry, some street photos of the property and the zoning posters.

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As mentioned, we had a meeting with South Cousin Community Partners.

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We actually met with them, I think, two times, and we had unanimous support for the project.

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We believe that granting of this variance will be in harmony with the purpose and spirit of the zoning code and Philadelphia's 2035 plan.

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It will add new housing to an existing residential neighborhood without negatively affecting the existing residents.

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Given the longstanding vacancy of the property since at least 2007, the existing ICMX zoning presents a hardship and is out of character for the block and the surrounding area and is unlikely to be feasible given the longstanding vacancy.

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The comprehensive plan states the market for purely commercial industrial sites in the immediate lower north Philadelphia neighborhood is very limited.

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This reality and the fact that the current zoning in Lower North Philadelphia does not always reflect some of these uses, it sort of adds to this additional hardship.

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And it further states that a goal of the city should be to allow vacant industrial zone parcels off American Street, which it says, to transition to other uses, something like high-density residential or other residential uses.

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Again, this project does still consider the ground floor commercial, so it's the minimum variance required.

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We're just asking for use for residential for the nine residential units, but we are leaving a vacant commercial space on the property as well.

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Again, this is the meeting summary. Five votes, yes. Five votes total for you, S1, no.

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And we do have support from the directly adjacent near neighbors. This is the letter from the RCO.

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Supporting the variants.

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And these are letters of support from the adjacent neighbors, 1840 North Hancock Street, 1842 North Hancock.

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There's property fronts on both Hancock and Tillman, so that's why you're seeing the Hancock addresses as well.

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1846, 1815, and they go on as you have seen.

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I'd like to bring on our architect, Mark Wallace.

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to go through the plans for the board and then have my client adopt my testimony and happy to

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answer any questions. Wallace. We see his hand.

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Mark Wallace has been allowed to speak to you.

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Hi. Mr. Wallace, could you please state your name and spell for the stenographer?

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Mark Wallace, M-A-R-K-W-A-L-L-A-C-E, Core Design Architecture, 1829, Cardinal Lake Drive, Cherry Hill, New Jersey.

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Where or firm to tell the truth, the whole truth, and nothing but the truth?

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I do.

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Please proceed, counsel.

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Does he have the ability to share his screen so he can present the plans?

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oh forgive me i won't i won't promote him thank you

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mark wallace has been promoted

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mark are you able to share your screen and go through the plans for the board

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hello everybody um can everyone see my screen

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yet no not yet

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I don't know why.

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Good to see you.

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Hello, everyone.

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Sorry, I don't know why it's not letting me do it.

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It just showed up.

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all right does everyone see it now i apologize for the delay we do okay so excellent so so as

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rachel said our only refusal here is use we are within the envelope um guidelines for icmx

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um we have two frontages one along tillman street where we are five stories and one along hancock

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street where we are three stories at the right of way and then we set back the fourth and fifth

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floor at the upper floors. This was so that we could align with the adjacent neighbor and fit

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in with the context of the block while allowing us to extend higher to achieve the density we were

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looking for. Quick overview of the plans. Our main residential entrance is on the Hancock side.

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Our commercial space is accessed off the Tillman side, along with the...

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Our commercial space is accessed off the Tillman side, along with a second means of egress that is open to the sky along the property line.

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Our cellar floor will be used just for storage and utilities.

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We have our bike room down there.

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We have our Pico vault and tenant storage.

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There's no living space at the cellar whatsoever.

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The lighter gray areas are slab on grades.

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We're only in partial basement.

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Coming back up to the main floor, the main residential entrance, again, is off Hancock.

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When we come in, we have two units of floor on every floor.

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On the first floor, we have a two-bedroom unit and the commercial unit, which is vacant at this time.

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We do not have a tenant yet.

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And then as we move up, we have a three-bedroom unit that fronts on the Tillman side and a one-bedroom unit that fronts on the Tillman side.

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And we have a trash room on each floor that will be picked up commercially.

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And as we go up to we get to the setback areas, the unit at the fourth floor becomes a two bedroom unit that has access to that that third three story portion as a roof deck private to their unit.

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And then the unit above that at the fifth floor has two separate balconies to themselves.

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And then the roof deck is common for the entire building, only for the residential use.

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No commercial uses will be at the roof.

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And that's basically all I have.

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Any questions?

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We did submit a proviso plan form as well.

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I just want to make sure that Hillary, the board's attorney, is aware of that.

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Questions from the board.

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There's a question for you.

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On the rendering that's on the right, with the tan building with the balconies, is that part of your development?

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It's hard to tell.

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No, it's just this narrow strip.

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The lot is kind of a weird flag shape. So we're wider on the second or Hancock side than we are on the Tillman side.

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We're only like 19 feet wide. And then we have that yard space that we egress out of.

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You can see the gates right here. So that is our only frontage on Tillman.

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And on the left hand rendering, is that the front side of the tan building or?

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There are two separate buildings, but they look like they were developed at the same time.

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okay okay and so you you kept consistency with the elevation um uh roof level height on that

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at that street frontage i see and then set back the third and was that the fourth is it the fourth

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and the fourth and fifth floors the fourth okay all right thank you the question is from the board

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questions or comments from our attorney hillary emerson not at this time mr chair

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questions or comments from the virtual audience

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i see no hands chair planning commission thank you chairman and good afternoon david

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vecta with the city planning commission chairman and board members the comprehensive plan recommends

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no change to the ICMX, Industrial and Commercial Mixed-Use Zoning at this location. During our

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last zoning map changes in 2016 in South Kensington, ICMX was used as a placeholder

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because the civics were unsure which zoning they preferred in this part of their neighborhood.

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At that time, this block and adjacent blocks were a mix of residential and light industrial activity.

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Since that time, this block has continued to transition into primarily multifamily use.

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The proposed multifamily use matches the evolving character of this and adjacent blocks.

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The City Planning Commission recommends that the board grant our proposed use variants for multifamily use.

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Chairman, do you mind if I have my client adopt my testimony?

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Sure, go ahead.

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Thank you.

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Is there an Aaron Jones in the audience?

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Aaron Jones, please raise your virtual hand.

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Chair, the only person we have with their hand up is Matthew Feldman.

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That's fine.

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That's one of the other owners.

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Could you please state your name and spell for the course photographer?

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yeah my name is matthew feldman m-a-t-t-h-e-w f-e-l-d-m-a-n right you swear affirm to tell

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the truth the whole truth nothing but the truth i do please proceed counsel thank you uh matthew

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Please proceed, counsel.

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Thank you.

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Matthew, you heard my testimony today.

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you heard my

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Perfect.

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Do you believe it to be true and accurate, and do you adopt it as your own?

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Yes, I heard it.

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I believe it to be true and accurate, and I adopt it as my own.

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Thank you.

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Sorry about that, Chairman.

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Thank you.

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That's okay.

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So MI 2024-004-240-1751, Tillman Street.

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I vote yes with proviso.

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Revised plans, two pages, stamped by ZBA on October 2nd, 2024.

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Use registration for vacant commercial space required prior to occupancy.

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Michael Johns, my vote is yes with proviso.

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Interesting and thoughtful design.

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Thank you.

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Cheryl Gaston, my vote is yes with proviso.

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Tynetta Graham, my vote is yes with proviso.

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Anyone, my vote is yes with proviso.

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Ismael Shahid, my vote is yes, we're proviso.

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Thank you, counsel.

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Thank you, everyone.

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Number eight, MI 2024-004-670-1312 North 22nd Street.

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Joseph Consul is the attorney.

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Ismael Shahid has recused himself from this vote.

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Joseph Consul, come back in as a panelist now, Chair.

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Hello.

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Mr. Consul, you have already been sworn. Just state your name for the record, please.

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Joseph Consul.

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Could you identify your client in relationship to the property?

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Yeah, my client is Patrick Campbell, the owner of the property.

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Do you stipulate to the reading of the refusal, and do you agree with its accuracy?

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I do.

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Please proceed.

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Okay, hold on one second.

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Let me share my story.

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There's still a letter of support here from Brewery Town Shardsman Community Civic Association, 16 to 3, in favor.

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All right. So this is a weird one. I'll give you the timeline. In February of 2020, Patrick

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purchased his property, regular arm's length transaction with title insurance. He applied

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for a demo permit that same month. It was approved by the city. He then had a zoning

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permit for the build approved for a three-family dwelling. He then pulled the building permit

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in December of 2020. In 2021, the first half of the year, all mechanical permits and the tax

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abatement were approved by the city. In 2021, he built the property as a three-unit building.

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So let's see if I can find.

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So here's the plan that we're submitted.

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And I'll scan down.

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That's the one.

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Scan down to the property that he built.

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There it is.

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It's this property here, the three-story with the bump out.

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And so he built that property in 2021.

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However, in September of 2021, the RDA, so the city itself, reached out to him and said

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that unbeknownst to him, this lot was part of a condemnation process that the city was

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going through, which was happening simultaneously to my client purchasing the property.

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So in the background, while he was getting all these approvals to build this three-unit

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property the city uh took the lot themselves combined it with another lot and um took it

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through the process of condemnation well but it was already built it was already approved zoning

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building everything it was inspected got the co everything but then suddenly he was told that he

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no longer owned it from 2021 to 2022 into 2023 he went back and forth with the um with the city to

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trying to figure out what to do, they initially were going to purchase it from him to be part of

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this program because it was condemned for affordable housing, but they realized that it was worth too

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much in its current state, so they weren't able to offer him the fair market value. So they

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eventually said to him, you could have it back, but you have to go through the process of

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subdividing it off of the lot that we um connected it to as part of the condemnation process

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so that's really confusing but it leads us to the request today which is the subdivision

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of this lot

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This lot labeled 1313 North 22nd Street, and the refusal is that the resulting lot is only 1306 square feet, whereas 1440 square feet is required.

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labeled 1313 North 22nd

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Street

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So, you know, outside of the extenuating circumstances that I just mentioned, this lot for a three-unit multifamily is only slightly smaller than would be required anyway.

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um so again it was some kind of a mix-up uh that happened in the background he lost a lot

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and now he's seeking to to get it back again through the the proper channels here uh and

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we're hoping that uh based on our explanation our packet and the support of the community group that

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were able to get the board's approval for him to retake ownership of this property which he will

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once he gets the property back from the city and um can go on with the three unit building that

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already exists and that we you know paid to build um council you want to bring your client on and

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maybe he could yeah uh patrick campbell could you raise your virtual hand

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Patrick Campbell, please unmute yourself and wait for the chair.

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Yes, I'm here.

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Could you please state your name and spell for the course.

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Patrick Campbell, P.A.T.

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R-I-C-K.

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