civus
Hearing video

ZBA Hearing - March 12, 2025

Philadelphia Zoning Board of Adjustment (ZBA)Mar 12, 20255h 59m

Maximum six units, no household living and basement.

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My vote is yes with proviso.

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Tanetta Graham, my vote is yes with proviso.

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Tywin, my vote is yes with proviso.

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Ishmael Shahid, my vote is yes with proviso.

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And number two, MI 2024-006-307, 141 East Roosevelt Boulevard.

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I vote yes with proviso.

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Use limited to first floor only.

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Cheryl Gaston, my vote is yes with proviso.

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Tanetta Graham, my vote is yes with proviso.

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Tywin, my vote is yes with proviso.

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Ishmael Shahid, my vote is yes with proviso.

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Thank you.

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Number one, MI 2023, 001-365-2108-12, North 6th Street.

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This is a resumptive hearing.

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Adam Laver is the attorney.

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Can you please state your name and spell for the court's sonographer?

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Good morning, Mr. Chairman, members of the board.

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Adam Laver, L.A., V as in Victor, E.R., Blank, Rome, 1 Logan Square.

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

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Yes, Mr. Chairman, I do.

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This is a resumptive hearing, and this is where I believe we're going to be.

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You're going to introduce your witnesses to complete your presentation.

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We'll have questions from the board, counsel, questions or comments from the public, and then recommendations of the planning commission.

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Yes. May I be admitted for screen sharing purposes?

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And I'm recusing myself from this.

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And I'm recusing myself from this.

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Thank you, Mr. Jones.

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mr chairman and members of the board uh as as the board will recall blank rome represents 2108

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n6 llc which does business as fringe development group when we last appeared before the board

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on february 12th the city was celebrating a super bowl and planning for a eagles parade

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here on the parkway during the last hearing we discussed that principals alan and dove

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and Jordan Leibowitz purchased the subject property about four years ago with the goal

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of transforming this site into what you see on the screen from what it currently is auto repair

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and towing non-conforming uses. Transforming this site into safe, secure, and affordable

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mission 30,000, if you will. And that's the site there, just to refresh your memory.

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for for two minutes of uh overview we acknowledge divergent opinions regarding the proposed

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development but noted that most comments occurred prior to revisions having been made to the plans

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that the conversation began in march of 2023 and the current plans reflect input from community

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members cdr suggestions and more the current proposal reflects several updates uh significant

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modifications and revised proviso plans have been submitted to Ms. Emerson. The highlights of the

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changes, as the board will recall, reduction in density, addition of two-bedroom units, larger

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units with balconies, addition of Class 1A bicycle parking to effectively eliminate one of the

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refusals, addition of green space, and in its advisory recommendations of December 20th, 2023,

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three the civic design review committee concluded quote the front setbacks proposed materials and

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density were appropriate for this site the project has been vetted by a by the streets department

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and by my client's own traffic planning engineer which the board had reviewed last time so with

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that very brief background, I'd like to ask that our land use expert, Benjamin Cromie,

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please raise his virtual hand to be sworn in. Mr. Cromie.

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Benjamin Cromie is a managing planner of CH Planning and will, once he makes himself known,

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present highlights of his analysis to the board.

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Yes. Hello. Hi. Could you please state your name and spell for the court stenographer?

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William Cromie, W-I-L-L-I-A-M, Cromie, C-R-O-M-I-E. Right. Do you swear or affirm to tell the

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truth, the whole truth, nothing but the truth, sir? I do. Counsel, please proceed.

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Mr. Cromie, you're familiar with the subject property. Is that correct?

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yes i am and uh through uh ch planning you have prepared a professional planning report

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correct that is correct would you please uh present for the board succinctly an overview

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of your findings yes um uh in our professional opinion uh considering the current limitations

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of the existing zoning and the unnecessary hardships that would ensue under it, granting

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this variance is justified. The project will not detrimentally impact the surrounding neighborhood.

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The proposed use is compatible with other developments in the area and will align

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with the neighborhood's character, and it will provide a beneficial and complimentary

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service to the community. It's our opinion that denying the variance relief would result in

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unnecessary hardship as the current zoning does not allow for the appropriate scale and density

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suitable for this site. Due to the size of the site, present zoning restrictions would result

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in higher incompatible rents and residential units that are out of scale for the neighborhood.

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Furthermore, the proposed mix of commercial and multi-use family uses provides a more appropriate and compatible mix of uses in the commercial corridor surrounding the site than the current use.

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surrounding the site than the current use. I would like to scroll to, I believe it's page

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I would like to...

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five with a diagram of the commercial corridor. You'll see that the site is on the commercial

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corridor. The drawing may seem a little bit misleading, but of course the frontage of the

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of the site in question is on 6th Street and part of the commercial corridor.

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Limiting the building to the current zoning designations height and unit count would undermine

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the project's goals of leveraging economies of scale to maintain affordable prices while

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providing high quality living. By granting the variance, the project can better serve the

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community by providing additional housing options like studio apartments that offer lower rents

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while providing a buffer to rising home prices in the area. According to the Delaware Valley

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Regional Planning Commission, the metropolitan statistical area faces a housing gap of approximately

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80,000 units. This was in 2021. We know that the housing gap is directly related to affordability,

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and that's a big issue in the national conversation as well as the regional conversation right now.

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DVRPC's report states that this underproduction is the product of exclusionary zoning laws

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that restrict the type and number of homes that can be built in certain neighborhoods,

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like minimum lot and square footage requirements, limits to the height of buildings, and restrictions

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on building multifamily homes. Now, of course, proceedings like this are essential to make sure

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that the right types of development go through. And I'd like to try to assure the board this

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morning that this is the right kind of development to go through. Projects like this one located in

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the commercial corridor can help absorb existing demand rather than put that pressure on more

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residential blocks. Adding density to this area supports and strengthens the historical commercial

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corridor at 6th Street and Germantown Avenue. Commercial corridors serve as economic and

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cultural hubs for the neighborhood, providing jobs and offering residents local options for

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goods and services. According to the Lower North District Plan, successful commercial districts

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depend on proximity to a strong source of customers and a complementary mix of stores

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and establishments. The Lower North District Plan also emphasizes that prioritizing commercial and

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residential development on and adjacent to the corridor could help restore street life and

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customers as well as improve perceptions of safety the commercial space on the first floor

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of the building complements the recent addition of a 1297 square foot commercial space at the newly

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constructed mixed-use housing development at 2059 germantown avenue located diagonally across the

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site um it's to the right in that image um as well as uh the recent residential project at 2105

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germantown across the street um and they have similar massing and density to the proposed

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project um the requested variance relief would represent the minimum variance that would afford

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relief as the proposed dimensions are similar and complementary to existing adjacent dimensions

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Overall, this development could play a crucial role in addressing the housing shortage and affordability issues, while also expanding the commercial corridor.

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The proposed housing development will also positively impact public health, safety, and general welfare of the neighborhood and its residents.

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Specifically, it'll add accessibility, bicycle parking, very strong transit access, which will reduce pressure on street parking and help reduce air quality issues.

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as well. Furthermore, it will also enhance the area's aesthetics and environmental quality

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with new street trees, a mural, and additional landscaping. And the high pervious surface rate

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will improve stormwater management and help reduce the urban heat island effect, which is

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which is a significant public health issue in North Philadelphia.

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a significant public health issue in North Philadelphia.

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Aligning with neighborhood character, the proposed building's facade will match the surrounding architecture,

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maintaining the community's historic and aesthetic character.

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As professional planners, in conclusion, we highly recommend that the City of Philadelphia's Zoning Board of Adjustment

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support the requested zoning relief for the proposed development of 2108 to 12 North 6th

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Street. The proposed project meets all the criteria for approval for variances established

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in the zoning code. Specifically, the requested variance relief would support the proposed density,

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enabling the site to fulfill its intended purpose and enhance the neighborhood's residential

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and commercial landscape. In addition to providing new residential options for the neighborhood,

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the increased density will add new transit users and new customers to patronize neighborhood

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businesses. Thank you, Mr. Cromie. So, Mr. Chairman and members of the board, what you've

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heard from CH Planning is that not only does this revised project meet local objectives,

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but it also addresses citywide efforts to provide options for housing of many types.

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And I don't want to repeat what I had stated in the first hearing, but this leads to our excitement about this.

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Moving from Mr. Cromey's testimony, we are disappointed that the interactions with the coordinating RCO were unusually and inexplicably difficult.

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The briefing with RCO leadership took place in May of 2023, followed by publicized community meetings on August 10th, 2023, and then September 27th of 2023.

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At the voting meeting with 25 people in attendance, the majority unfortunately arrived very well after the meeting was scheduled to commence and after the development team had presented its proposal with only one person who signed in living within 250 feet, an additional five within 500.

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I only mentioned this to provide background to the board.

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What I'm more interested in sharing with the board is that we have revised proviso plans that really present a thoughtful, comprehensive solution to the photos that you've seen, to the site that you've seen, tying into commercial, providing housing, etc.

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And we're really pleased that we've presented quite a bit of support for this project.

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Here we have, as a resident of the community, someone who has lived in Germantown their entire, their whole life. They acknowledge the dedication and care that my Mr. Germantown.

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Yes.

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Oh, in Germantown Avenue.

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Yes, yes.

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Okay, yeah.

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I thought you might have lived in Germantown.

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I'm sorry.

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I beg your pardon.

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I beg your pardon.

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I wanted to, oh gosh, I just lost my power.

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But you know what?

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It's okay because I've submitted to the board letters of support, seven letters of support

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that speak to the reputation of these individuals in the community, that they are local, that

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they care and they're recognized by their tenants in the existing area as caring and there are seven

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pages of support. Perhaps the best judge of future endeavors is to look at reputation, to look at

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track record. So just a half mile from the subject property, Allen and Jordan built a community at

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1613 Germantown Avenue, Mr. Chairman, as you just mentioned, which has been very well received and

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several residents have submitted support letters to the board regarding their experiences

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in the documentation submitted into the public record we have acknowledgement of the dedication

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that the property owners have put into maintaining the property they speak to the developers efforts

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to a pro to provide affordable modern and inclusive housing quote their project will

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bring affordable housing that adds invaluable vibrancy to the community, end quote. We have a

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growing recognition in our city of the need for various types of options, which our mayor has

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spoken about, and this is one option of many, along with the Housing Choice Voucher program.

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The buildings and amenities are well thought out, in the words of a neighbor, and another notes

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And another notes from experience how vital it is to have affordability.

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from experience how vital it is to have affordable.

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Another neighbor noted that the proposal would create affordable housing.

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Another noted responsive and communicative owners and that the designs are unique, modern, and well-maintained.

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Mr. Chairman and members of the board, you've seen the conceptual renderings that I've shared with you.

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We firmly believe that the authorization of variance relief will not alter the character

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of the neighborhood or district or be detrimental to the public welfare.

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The revised proposal fits into the surrounding neighborhood as evidenced by the expert testimony,

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verbal, and written as submitted, in addition to other expressions of support.

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This all speaks to the granting of relief being within the scope and spirit of the zoning

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code and of benefit to the public.

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The proposed variance would represent the minimum to afford relief, will represent the least modification possible of the regulations at issue to permit a reasonable use of a burdened, currently non-conforming property.

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What's there right now does not conform.

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The grant of variance relief will not substantially increase congestion in the public streets, increase the danger of fire, or otherwise endanger the public health, safety, or general welfare.

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the professionally designed plans represent the highest and best use for the site in line with

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the location and with city objectives proposed development appropriately respects a changing

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neighborhood with a mix of long existing uses and new projects dotting the neighborhood as

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mr cromey mentioned and as you saw in the february 12th hearing when i shared photos uh of neighboring

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properties with you. This will not adversely affect transportation or unduly burdened water

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sewer school or public facilities. And as I stated, we've submitted revised proviso plans

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to Ms. Emerson and for the board's consideration. We have Mr. Cromey available. We have the architect

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available, the engineer available, and my clients, Alan and Jordan, should the board wish.

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Do you want to have your testimony adopted by your client?

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Yes, please.

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Mr. Alan Nadav, would you kindly raise your virtual hand to be recognized by Chairman Bergman?

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Well, we're waiting for him to come on.

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Did you make the reduction in units before the RCO meeting or after?

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It was in response to discussions with the RCO.

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Okay, thank you.

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Yes.

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Mr. Nadav, I see you're there.

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Chairman Bergman will address you.

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Hi, sir.

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Could you please state your name?

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Hi, could you please state your name and spell for the court's stenographer?

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My name is Alan Nadav, A-L-L-A-N-N-A-D-A-V.

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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.

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Please proceed, counsel.

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Thank you. Good morning, Alan.

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Have you been present during the entirety of this hybrid proceeding of the Zoning Board of Adjustment?

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Yes.

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Have you been able to fully hear the statements made into the record this morning in this matter?

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Yes.

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And would you adopt and affirm all of the testimony as your own?

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Yes.

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Thank you, Mr. Nadav. Please stand by.

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