civus
Hearing video

ZBA Hearing - December 1, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Dec 1, 20208h 28m

good evening mr chair uh good evening whoever you are please

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jared klein jared klein from blank rome it's k-l-e-i-n the address is 130 north 18th street

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in philadelphia hi jared you swear to firm to tell the truth the whole truth nothing but the truth

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yes i do please proceed thank you uh good good evening again everybody um i am here on behalf

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of three near neighbors, Alexander Vecher at 2108 Cherry, Daniel Gerson at 2114 Cherry,

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and William Boone, who's at 2113. And we have some additional concerns about these variances

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that I will briefly describe for the board. I know it's been a long day and I'll try and be

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as quick as possible. The first item is with regard to the parking, which has been referenced

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a few times. I was originally brought into this matter to look at the parking issue and I can tell

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you that we disagree with the developer that there's any confusion here. There is no access

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behind 2108 to 2100 CHERRY that is on behalf of or for the benefit of 2110 to 2112 CHERRY.

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The 1980 declaration of easement was very clear that any expansion of the easement had to be

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confirmed in writing by every owner and that did not happen here. I do understand that's not

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specifically a zoning issue. However, because the original plans showed parking in the rear

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and the revised plan still refers to an access aisle, we are asking the board that to the extent

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the board is inclined to grant the variances to include a proviso that specifically says no parking

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in the rear um and while we have no reason to think that this developer uh would do anything

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mischievous um this property will likely be sold and with the access aisle noted on the plans

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it leaves the opportunity open for a a less um for threat developer in the future to simply add

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parking back there and not tell anybody about it and so we'd like to have our clients have recourse

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through L&I through a specific proviso to any approval that the board issues.

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Second brief matter is the revised plans that you calculated were not provided to me or to LS&A

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until yesterday afternoon. So my three clients have had very limited time to review them.

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And also I wanted to note that the plans do not include any elevations which show how this

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property is going to sit with the immediately adjacent properties on either side. Our presumption

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is that those weren't provided because it would show the odd nature of this dual pilot house

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configuration. But the point is, we haven't seen it. We haven't seen any elevations that would

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reflect how this actual design will sit with the properties on either side. And the last comment

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I wanted to make is with regard to this two-pilot house setup, I have not heard anything mentioned

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thus far in terms of a hardship that would justify the variance that he's asking for.

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We certainly don't object to the use of the property as two families. As Mr. Ward pointed

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out, there would be two single-family lots. Each could have a single-family house. But I haven't

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heard anything that explains why an elevator is required and why a second pilot house is required

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for a residential row home type structure. There are thousands of properties throughout the city

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that have roof decks that are simply accessed by a stairwell. And I haven't heard any justification

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as to why this property is so unique that it needs to have both an elevator and stair access

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to the roof so we we think that the dual pilot homes is excessive uh and out of character with

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the rest of the block as no other property on the block will have either an elevator or a dual

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dual pilot house set up uh and so there are also our houses in the city that do have elevators

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there are but all right so it's not it's not that it's that unique right but those properties

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presumably could do it without asking for a variance and and here they do need a variance

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for the extra space and we don't see a justification for it and with that I would just like the board

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or to have my one client unmuted so he can adopt what I've said and I will let other folks speak

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for themselves Alex Veccher can you raise your hand please virtually

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Mr. Vekker has been unmuted. He's free to speak.

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Good evening, Mr. Vekker. Please identify yourself with the record. Spell your name

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and give us your address, please. Alexander Vekker, A-L-E-X-A-N-D-E-R.

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Alexander Vekker, A-L-E-X-A-N-D-E-R, V-E-K-K-E-R.

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I'm sorry, could you say that again, your last name?

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Vilek and Victor, E-K-K-E-R.

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Thank you. And your address?

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2108, Charest.

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Swear and affirm to tell the truth, the whole truth and nothing but the truth.

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Yes.

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Alex, did you hear my statements a few moments ago?

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Yes.

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Do you adopt them as true and correct in your own?

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Yes.

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And was there a brief additional amount of information

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you wanted to share with the board at this time?

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First, I just confirm what you said

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that we just looked at the plans yesterday.

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We, for example, did not see it further set back

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for the deck, but Mr. Ward is saying

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there is an additional one.

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Maybe we did need to take some more time

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to look at this new plans.

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We didn't have a chance to do so.

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Also, I should add that my understanding that one of the developer's recent projects involved the construction of a townhouse two blocks from us at 2106 Spring Street.

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I'm going to object.

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What's the relevance of that?

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There are multiple failed inspections and multiple code violations.

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Irrelevant, not germane to this application, Mr. Chairman.

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You're sustained.

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that this is not relevant to this case and finally uh we're confused about some design elements

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besides the roof uh front steps design um i do not see a reason for current design given the steps

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are not consistent with the overall street scope uh i think a much better solution would be

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to have the steps in the middle of the property rather than on the side

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again mr chairman that the streets department has reviewed these plans

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and has approved the front steps uh the the sidewalk is consistent with

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the requirements of the streets department

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we provide the five foot minimum walk zone along with the two foot minimum

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furnishing zone for a seven-foot-wide sidewalk beyond the proposed steps.

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I want to go back to Mr. Klein, one of his, I think it was his first question.

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Is there any objection to the proviso regarding no parking in rear?

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Yes, we would, because if that issue is resolved in the favor of my client through some other

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proceeding which is not before the board today um then he would have every right to use the

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easement area in the back to access um that that is that is for it that is for a different forum

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these five structures all have parking in the rear right and and if and if for some reason

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the easement is determined to to carry through to 2110 and 12 then then why should he be uh restricted

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from using it if he if he's rightfully entitled to it understood thank you mr mr chairman what

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what i'm trying to avoid here is any confusion about what is ultimately approved uh because

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the original application referenced parking and the only removal of that was it was a revised

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planned so perhaps the board would consider a proviso that said no parking approved in this

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application the zoning board doesn't have to approve parking in this application it's

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it's i i don't know beyond my pay grade all right when your client takes the fence down

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starts parking back there we should call you sure okay okay all right we got that worked out thank

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you uh anyone else anyone else uh we got one more person william boone

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am i unmuted now yes you are please identify yourself yes yes yep i am william boone b-o-o-n-e

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and i live at 2113 2115 cherry street which is directly across the street from the proposed

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development we're in the firm to tell the truth the whole truth nothing but the truth

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yes i do mr chairman thank you so we're in the south side of cherry street directly across from

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this this development and it will substantially affect our home by decreasing the sunlight on our

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house creating an odd view of pilot houses directly in our line of sight and changing the character of

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neighborhood. We understand that the developer wants to add two residential homes on a lot after

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demolishing the existing 2112 Cherry Street, the home of the late Tully Speaker, and we have no objection to

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2112 Cherry Street, the home of the late Tully Speaker, and we have no objection to two new

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residences being added to the neighborhood on these lots. However, most of the residences on

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this street, for example 2112 through 2130 Cherry, have a 38-foot cornice line with flat roofs hidden

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behind. The developer apparently intends to adhere to the 38-foot cornice line for a portion of his

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project but we'll add another 10 feet of height with the addition of a roof deck parapet and

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various pilot houses for elevators and stairwells. It is these pilot houses that we most object to

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since they are too high directly in our line of sight blocking light and view and are atypical

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for this neighborhood and unusual and completely out of character for this street. We hope some

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accommodation can be made to eliminate these extensions above the 38 foot level thank you for

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your time thank you anyone else yes i would like to add something your name i just i just wanted

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to clarify and uh mr ward spoke about it but kind of around the building height will not exist 38

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feet that is allowing by the zoning code it's only we're talking about the pilot houses and the pilot

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houses they step back 12 feet and they're approximately on about three and a half to four

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feet wide so it's really not going to impact anything and most of the people probably under

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any angle unless you may be on the third floor of the house across you probably barely be able to

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see them so they're really not doing any impact the building itself will not be 48 feet i'll agree

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from the street line i don't know how you it may be from the upper floor of right right

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from the houses on the third floor you'll be able to see but from the street you will not

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okay all right that's correct okay what else do we have

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okay questions from the board no

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planning commission uh hello mr chairman and members of the board this is mason austin

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representing the planning commission mason do you swear and affirm to tell the truth the whole truth

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nothing but the truth i do and i would also let uh requested the host allow me to start my video

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um to give my testimony um

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um we've gone through three planning committee three folks yeah we're working maybe we'll get

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a couple more before we wind up tonight you know what if we maybe give it a few more hours we'll

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get there um so um this property is indicated for single family residential in the comprehensive

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plan and zone for that use while the new well two units are not permitted by right on this parcel

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because the parcel could be subdivided into two lots that largely match the dimensions of the

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adjacent lots. Planning Commission staff has no objection to the granting of the variances

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requested. Thank you. MI 2020-001531 2110-2112 Cherry Street. My vote is yes with the following

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proviso revised plan two pages approved today i think that was the only one am i right that's

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correct i leave anything out okay yeah and again i will all do respect to the gentleman i don't

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think you're going to see that unless you get to your top floor but roof decks are all over

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the neighborhood now please thank you okay yes proviso proviso yes with proviso yes with proviso

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Mr. Chairman, members of the board, thank you very much. That concludes my business and

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I have the excuse. Yes, you may have a good evening. Are we back on Howard or are they

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we get any resolution yet? I'm ready to speak to that, Mr. Chairman. Okay, Mr. Laver, let's go back.

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We're back on to 1700-06 North Howard Street. Thank you, Mr. Chairman, members of the board.

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We appreciate the board's thoughtful consideration of this matter.

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Urban conversions is the equitable owner of the property.

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The extensive cost of renovation of the historic building, engineering challenges, and environmental remediation of a 150-year-old industrial site pose great costs to this potential development.

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We have submitted revised proviso plans in line with more appropriate RM1 standards, not to mention IRMX and ICMX.

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The revised plans show a good faith proposal which is responsive to the demands of the historic designation and certain concerns from the community,

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out of respect for the board and all parties involved, considering the amount of time that has been spent.

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out of respect for the board and all parties involved considering the amount of time that has

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been spent in good faith discussions today we respectfully ask the board to please uh

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vote on this case uh this evening okay thank you uh i don't remember in the last round if

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i asked if there's any questions from the board no i no wow uh planning commit anyone else we

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already got the testimony uh planning commission i'm sorry chair yes if i could state that we

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halted the hearing for mr labor to discuss and there is two people who have waited all evening

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to speak if you don't mind i apologize i thought we were thrilled thank you thank you kindly

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patina you can call the next person kristin menzies you've been unmuted thank you hi

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Good evening, ma'am. Please identify yourself with the records, spell your last name, and give us your address.

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Yes, this is Kristen Menzies. Last name is spelled M-E-N-Z-I-E-S, and my address is 1725 North Howard Street.

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Thank you. Swear and affirm to tell the truth, the whole truth, nothing but the truth?

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I do.

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Please proceed.

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Thank you. So as a first grade teacher, I have grave concerns about our local elementary school

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with the increased traffic. I just know from personal experience that increased traffic

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ultimately has an impact on community. And I worry, you know, what kind of retail is going

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to be put into those spaces as well, and what kind of impact that will have on the school community.

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um also as a teacher i have my summers off and looking at the renderings of the current

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um apartments and single family homes that will be going in my roof deck will be completely

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shaded by 12 o'clock noon um which is very disheartening so i just want to voice that

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and hope that that makes an impact upon your decision thank you thank you thank you for your

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patience now is that your dog it's not my dog no it was kristin's anyone else to testify

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it's always me frank anupa you can go forward okay thank you my name is anupa dalal last name

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is d-a-l-a-l i live on seven hello we just lost you hello

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but it looks like she's gone anupa yep she's gone okay moving on we have gavami ruzba

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yes good evening um um my name is ruzba last name is gavami that is g-h-a-v-a-m-i i'm actually

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right next door to anupa we are a community of i need you to spell your first name as well

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i'm sorry first name is roozbeh r-o-o-z-b-e-h and i reside at 1724 north hope street but we

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are a community of eight units with an entrance from howard street directly excuse me sorry sorry

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i just need to swear you in i know it's new nobody heard me say this yet you swear to firm

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to tell the truth the whole truth and nothing but the truth absolutely do yes sir

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all right please proceed yes so we're a community of eight buildings uh our height we're directly

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in front of the this proposed project our height our maximum height and the time to the top of our

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roof is 35 feet and looking from our roof uh the height of this proposed well the current height

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of this building is definitely not 40 feet it's less than ours it's probably about 32 to 35 feet

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um this building going up at 65 feet it practically you know engulfs us completely

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um by you know by by by twice as much doubles the size another issue as a couple of our other

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residents mentioned is really just the increased traffic that is going to be on howard street

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uh mr chairman you yourself said that both howard street uh hope street uh these are all

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very tiny streets coming off of Cecil B,

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even the Cecil B at that intersection

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coming off of Front and Frankfurt.

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These are very, very tiny streets.

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Adding 100 units is, you know,

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the amount of the traffic that is just gonna increase

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in that street is just gonna be,

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it's gonna be too much for that street.

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Thank you.

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Thank you for your testimony and your patience.

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