civus
Hearing video

ZBA Hearing - October 2, 2024

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

with regard to the project yes was the information i provided true and accurate to the best of your

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knowledge yes and with that would you adopt what i had testified to the board about as your own

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testimony yes and if you could take two minutes because i know the board has a busy agenda uh

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Just introduce yourself and and about any anything in addition you want to add about the project in the area.

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Good morning, everybody. My name is Andre.

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I am I recently became a block captain in the neighborhood and very vocal point of the neighborhood as I host multiple cleanups.

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also partnered up with a church

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in Germantown Avenue

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to pretty much have

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a bunch of younger teens,

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boys and girls, to offer them

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free gym memberships

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that the church has added

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across their gym.

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And also,

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I became

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close to

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a lot of the

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council members

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put out

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a bunch of legal businesses and things of that nature that's around the neighborhood that

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provide local housing and also an office business because I noticed one of the things that's missing

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in the neighborhood is a place where people to print paper, get any type of documents for

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shipping, et cetera. And also, again, local low income housing with a little bit of luxury to it.

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thank you um council before i give it to uh the board for questions could you put the drawings back

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up sure questions from the board uh yes uh more a comment probably than a question uh it's clear

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more a comment probably than a question uh it's clear that the um the first floor is based on the

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drawings is probably eight inches above grade um and which means that the basement dwelling unit

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will literally be 100 submerged below grade that is a real concern for me

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Light and air

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Quality of space

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Is a huge concern

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I realize you have the two

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Means you have an egress well in the rear

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And egress well in the front

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But the entire unit

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Will be underground

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Literally underground

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That is a huge concern

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For me

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Same

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I echo that sentiment

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My question is for the

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business on the commercial level is where's the storage is there storage for the commercial

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uh no it won't be no uh storage it'll be closets uh like many closets they can have

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but it won't be anything to storage and also a backyard use

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so but there is no indicator of what type of business that you're you're uh looking to have

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there yeah just uh just an office space uh really uh just somewhere they can sell office supplies and

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access to print and paper, things of that nature.

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And I guess my last question is, just in terms of, you know, the use of the building with

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the four units plus the commercial, I'm trying to think, I know that's a commercial strip,

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just the, you know, the impact of all this activity going on in this one building.

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The building next to it, you said, is that your building as well?

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Yes.

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Okay.

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Other questions from the board?

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Andrew, just walk me through this as I look at the plan.

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So the basement is a separate apartment, and then the first and the second floor are the combined commercial unit, and then the third floor.

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I think it was the first floor is the commercial, right?

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Am I correct?

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And second and third are apartments.

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Yeah, so the lower level is a two-bedroom dwelling, and above that will be the commercial floor, which will have its own interests for the commercial.

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And the next level up will be a two-bedroom apartment, and the top floor will be a two-bedroom apartment.

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Got it. So this is really a four-unit building with a commercial unit?

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Correct.

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okay and then is there a reason if i'm looking at the the second floor for the two one bedroom units

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um are they both full kitchens because one of them is labeled as a kitchen and one of them is

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labeled as a kitchenette i just want i mean it is a lot smaller like not a lot but it is smaller

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than the kitchen but what's the what's the thought process around the difference between those two

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units? So the same thing with the property next door, it'd be mirrored as a full kitchen

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with all the appliances and everything that's needed. A very comfortable space also with an

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added bar on the layout. I wish I can show you a video. I do have a video of the other property.

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But yeah, it's a full kitchen for it. And that'll be for the nurses that'll be there.

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That's how I'll be able to make it a low-income housing for the other units

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because I have a relationship with the nurses where they'll be staying for a higher rent.

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And like I said, a lot of the units will be the lower rent.

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And then which ones are you anticipating are going to be the affordable housing units?

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The two-bedroom apartments.

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The one in the basement and the one on the third floor?

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Correct.

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Okay.

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So the second floor, the two one-bedroom units are really specific to the nurses.

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Correct.

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And then what's your plan long term should at some point in time this agreement with the nurses end?

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Unless the hospital shut down, you know, it goes on.

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There's no end of date.

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There's no end of date. And how long have you been operating your other unit with nurses?

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About a year and a half now.

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A year and a half. OK.

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My concern is that you've now got a second floor apartment that should you ever sell the building or should travel nurses be less popular than they were?

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They've been more popular since COVID.

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You have two units that don't really convert really well to functional full time living one bedroom apartments without some changes.

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And so I think that from a plan, like from a from a building use and plan perspective.

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From a building use and plan perspective, my concern is future flexibility if approved.

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You have a lot of density and a lot of different uses in this building that would make it really hard in the future to convert.

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Well, I definitely don't plan to sell at all, but if so, we could definitely...

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Nobody does, you know?

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Nobody does.

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That's how real estate works.

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i definitely understand so oh can i respond to the problem is that okay go ahead so i was just

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saying as far as that uh converting the units uh well currently the units are all full kitchen they

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all have separate bedroom full kitchen and a bathroom so uh being as though that you know it

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has all the uh equipment that it needs to be a little bit of space uh there will be no

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uncomfortability is actually it'll be set up like almost like a loft uh type of unit so it'll be

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more than comfortable for uh a single parent or because even the nurses that come now they

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normally come with either a pet or a dog or the child and it's more than enough space uh for them

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to live there because of the full kitchen full bathroom um and again a nice size bedroom um

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That's, you know, they can fit a queen size bed. And so that's one of the units, because your other unit is really more like a studio or an efficiency.

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It's efficiency. Yeah. Yeah. So and again, it'll be a full kitchen on the other one as well.

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Full bare form and also the bedroom. And the unit that we're looking at right now that currently doesn't have one drawn.

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Say it again. I'm sorry. In the you saying on the second floor unit right now in the front, that that is a full one bedroom,

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because right now that is shown and drawn as an efficiency yes it's a it's a full one bedroom

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where's the other room going to go bedroom right you said you i'm sorry you said the other room

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in the front of the building you have an efficient apartment there's a living sleeping area and then

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there's the kitchen and then there's the bathroom and then if you go into the hallway and you go

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into the other unit there's a kitchenette as listed on the plan there's an open space and

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And then there's a living, a living, sleeping space.

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What I see right now is a studio, a one bedroom apartment, which you are designating for the nurses, a retail space and two, two bedroom apartments, which you are designating as affordable.

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Yes.

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OK, I just wanted to confirm all these.

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Any other questions from the board?

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Questions or comments from our attorney, Hillary Emerson?

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Just briefly, Mr. Chair, I think this is probably a question for Mr. Hainsworth. Do you currently have a contract with PHA to provide affordable units at this property?

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Yes, for the existing building next door. It's actually a PHA residence on a bottom floor, lower level. And on the top floor, I have a partnership with the homeless shelter. And it's a resident there with her.

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but for this particular property have you made arrangements with pha to offer affordable units

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yes at this time you have a question behind you actually yeah my the reason for my question is

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whether board member shaheed should recuse himself in this matter he's not here he's not here oh he

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you say you have a contract with PHA what type of do you have a HAP contract with PHA do you have

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a project-based voucher contract with PHA or you just you completed their section 8 course and you

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are allowed to right to section 8 so I so I currently have a voucher that I have a PHA I

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currently have a pha resident inside the the neighboring property so you also you have a

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you have a voucher or your tenant has a voucher yeah they're different different things

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i apologize the tenant has a voucher right right so they are they that still makes this a private

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building that is allowed to rent to section 8 tenant this is not a project that would have a

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contract with pha it just means that you are approved pre-approved by pha to accept vouchers

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which is very different than having a like formal contract you can end that at any time

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you can end that next month if you wanted to so i mean it is like of course it's a good thing like

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we need more section 8 landlords in philly but that is different than having a contract with

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We need more Section 8 landlords in Philly, but that is different than having a contract with PHA.

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Ms. Wynn, I think Mr. Hainsworth would agree.

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I'm sorry.

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Go ahead, Andre.

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Counsel, please proceed.

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Sorry, Mr. Chair.

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What I was going to say is that I would think Mr. Hainsworth would agree as a proviso, Ms. Wynn, to this application that he would do what is necessary to ensure that the two units for the basement and the third floor would be affordable, either through a contract with PHA or as a condition of approval, so to speak.

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So PHA doesn't typically do contracts like that. So it's actually a question for Hillary. It's like, what, if that is what we're trying to do, I don't know that that can be restricted in a proviso. I think it could, like right now it's sort of a goal. The goal is to have these be affordable, but there's no long-term affordability restriction that's sort of restricting the units to that use.

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they could flip any any point if it's just section eight i feel like that has been the like the case

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for the use has been that like we need these actually that's the case for the hardship right

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now right and and you're right and i think the other thing that we could consider you know if

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was inclined is is as i do with um you know we do similar applications with the impact group and we

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those types of lots are deed restricted for affordable housing so that's also another

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possibility for that because I think Mr. Hainsworth is committed to that for purposes of

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those units and the way this is designed and wants it to mirror what he's done next door

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and because he's a member of this community he believes it's obviously as important as everybody

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else that these opportunities be provided so that's how is the trash going to be collected

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with all of this activity in the building Andre do we still have you I don't know if I still have

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Mr. Hainsworth, but I know his connection was a little off. But in the rear, we do have a rear

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yard. So we were going to designate an area for individual trash containers and then out front

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on trash days. That's also the use for the commercial trash too, right? Or the commercial

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storage as well? It'll be, we're going to designate an area for all the units to be able to use that.

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You know, as we were saying, we don't really anticipate that the commercial use will be

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something that would generate that type of stuff

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because it's going to be more office oriented

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but

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we will make sure we can address

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a sufficient area in the rear

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to allow everybody

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but there's no way for everybody to get to the rear

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that's the problem

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you're landlocked

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I don't know if that's the case

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I'm here now

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you got some building next door

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and you're parking

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there's no breeze

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the question came up on the trash

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yes so it's actually uh it's actually going to be a a private uh trash company that's going to

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it's going to be a dumpster in the back of the building and on the hilton street exit like it's

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uh the intersection of block is germantown and hilton on the hilton street is a pathway to go

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in the alleyway that the trash company will come and empty out the trash it will not be the trash

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will not be located in the front of the building it'll be a private dumpster in the back of the

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building, there'll be access to both buildings.

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So how do the tenants and the units get to the trash?

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So they go, they go to the Hilton, uh, the Hilton act is a, like I said,

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the intersection of Germantown Hilton, it's a, it's a walkway path, uh,

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that goes on the back of the, the back of the building.

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And that's where they would insert the trash.

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Questions or comments from the virtual audience?

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i see no hands share any commission

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morning chairman to the board my name is michael gall i'm still at the city planning commission

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m-i-c-h-a-e-l-g-a-l-l you swear or firm to tell the truth the whole truth and nothing but the truth

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i do please proceed thank you the comprehensive plan recommends a change in zoning at this location

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from CMX2, commercial mixed use, to ICMX, industrial and commercial mixed use. The appellant has

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demonstrated that the impacts of a multifamily mixed use proposal would not be detrimental or

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out of character to the neighboring community and would be in character with the dense multifamily

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and mixed use nature of the Germantown Avenue commercial corridor. But the inclusion of four

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units represents an overbuilt to this location given its zoning and location. There is no unique

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physical condition or circumstance, which would prevent the property from being used in conformance

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with the zoning code, which already allows two units and a commercial space by right.

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The City Planning Commission recommends that the board deny the proposed dimensional variances

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