civus
Hearing video

ZBA Hearing - January 27, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Jan 27, 20215h 43m

So it's definitely under the 70% AMI.

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We're trying to push towards 50% as close as possible, but we're not quite there.

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Regardless, this is a non-subsidized project, and we hope that it does provide more housing at a reasonable price point in the area in keeping with the greater intention of the CMX3 zoning and being able to build what we can there.

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Another question. If you had less units, would you still need two-car all-street parking?

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I'm sorry, say that again? If we had what?

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Less units.

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No. Per what Rachel mentioned, it's not a function of the units here. It's a function

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of the curb cuts and uh of the lot width and everything and you just it's just very difficult

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from a dimensional and um technical standpoint to put in parking whether it's tandem or side by side

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oh that wasn't my question that wasn't yeah i was gonna say oh i'm sorry i almost missed her

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look uh mr hallman's asking that if we were to do less units like reduce it to seven units or six

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units would that take away our need for for off-street parking and i had asked rich that and

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he had said no with seven units because we looked at that we would like if we got rid of that 400

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square foot unit um we would still need two parking spaces um if rich is still on he can

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corroborate that my my uh dealings with l and i with zoning is that if we hit three we're going

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need one parking space so it's usually three for ten but in for some reason in the every time i put

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it in in cmx two or sorry cmx three the third unit uh triggers the first parking space

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okay thank you and mr hallman we did look at that um in order to do the seven units and that's what

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originally got rejected after our first iteration because again we would need tandem which would

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still generate another refusal um and also i don't i don't know that that's the best way to

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lay out parking on a lot like this but i leave that to the architects um that's sort of our our

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proposal and um again um it's just a it's just a variance for accessory off-street parking to be

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waived um and happy to take any any other questions that anyone has

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any questions from the board no no no anyone else would like to testify in this case if so

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please raise your hand we have a ang sun

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hi good evening uh please identify yourself for the record name and address

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Hi. Good evening, Chairman. My name is Aung San. Last name is spelled as S-U-N. My address is 10

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South 43rd Street on the same block as this project property. Do you swear and affirm to

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tell the truth, the whole truth, nothing but the truth? Yes. Please proceed. Sure.

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I'm the president of this West Philly United Neighbors RCO.

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This project property is within the boundary of my RCO.

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The coordinating RCO's Cruz Hill Community Association hosted this virtual meeting

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on December 16th, 2020 at 7.30.

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Besides the coordinating RCO,

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there were three other RCOs presented.

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And also we have about 20 community members and neighbors,

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including 10 members from my RCO attending that meeting.

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During this virtual public meeting,

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all the community members,

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including those near neighbors who reside within 250 feet of this project property,

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strongly opposed the above reference zoning proposal.

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We didn't find any hardship for the owner to provide at least two accessory parking space.

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Certainly, the owner can provide a minimum of two accessory parking spaces.

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Certainly, the owner can provide a minimum of two accessory parking space if he wishes to have eight dwelling units on the block.

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He can either do this underground garage or put those parking on the first floor.

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Or he could reduce the number of those units to like three or four, which only requires

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him to provide just one parking space.

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And I have to point out that almost every house on the same block was two-story row

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homes, including this existing real home, this existing property. It's a single-family,

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structurally sound single-family home. We didn't find there would be any reason

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besides the developer want to make profits by demolishing this property to erect eight units

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over there that doesn't fit the character of this block and also this property share a party wall

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with the next door neighbor the next door neighbor they are immigrants from Bangladesh

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they couldn't attend today's meeting because they don't speak good English so the demolition

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of this property may cause safety concerns to the near neighbors.

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So with all the community members attending that RCO meeting do not think the erecting

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of these eight units there fit in the neighborhood.

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And we do think it is a disrespect to our community.

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I'm sorry, we say that, repeat that, reduce it?

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We think it is disrespect to our community.

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So all the near neighbors attending this, attending that RCO meeting, including neighbors lived at 4307 Nautilus Street,

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including the neighbor who lived at 4309 Lugano Street, including me who live on the same block,

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and also including another near neighbor who resides at 11 South 43rd Street strongly oppose

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this proposal. All the four RCO presidents who attended that meeting strongly oppose this

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proposal and every for every RCO attending that meeting all the four we send a letter to ZBA

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to oppose this so we have four letters sent to ZBA to oppose this strongly oppose this proposal

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to summary that I just want to point that point out that there is no necessary hardship for

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providing those two accessory parking spaces all those hardship was created was self-created

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by the developer and he should know he should anticipate the self-directed hardship before

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he purchased that lot before he purchased acquired that property from a city it was a

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for closed property. This basically is kind of a typical very classical gentrification case.

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So as an RCO who represents our community, we support our community and the neighbors who will

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adversely impacted by these wearerings sought by this owner. So we strongly request all the board

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members and Mr. Chairman to deny, to reject this application. Thank you so much.

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Your testimony. Anyone else wants to testify?

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If so, please raise your hand and provide us with something new and different.

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we have a justin kaplan hi this is justin kaplan i recommend representing the convening rco the

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spritile community association my name is justin kaplan j-u-s-t-i-n kaplan k-a-p-l-a-n

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do you swear and affirm to tell the truth the whole truth nothing but the truth

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Yes sir, I do. Mr. Kaplan, please proceed. This variance is a request to over-utilize a parcel

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This variance is a request to over-utilize a parcel and undermine the intent of the zoning district.

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and undermine

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An 18-foot wide lot is difficult to conform to CMX3 standards.

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Additionally, and even more importantly, this is going to destroy an intact row of houses intact on both sides, primarily single families, no multifamily occupations on the block.

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And additionally, I don't want to be too redundant as Mr. Ang was pretty concise.

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So we'll just say that we strongly oppose on those grounds.

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Thank you.

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What else?

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Mr. Lewis, you can unmute yourself.

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Yes, good afternoon.

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my name is Louis Baum, L-E-W-I-S-B-A-U-M as in Mike. Your address, sir? 4724 Hazel Avenue.

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I'm a member of the West Philadelphia United Neighbors.

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You're in the firm to tell the truth, the whole truth, and nothing but the truth?

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I do, sir. Please proceed. I would like to

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to confirm and underscore what Dr. Fung had said in his testimony.

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When we look at the picture of that street, we see a number of two-story row homes.

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And you have to ask yourself, how could this possibly be CMX3?

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But due to the way the city did zoning, I believe in 2012 or thereabouts, that's what we wound up with.

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So the people who bought this property knew darn well that they would have to deal with the requirements of CMX-3, which would include those two parking lots.

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it is not a uh an unnecessary hardship to have an expense

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and plus this is a uh a hardship that's been brought on by themselves but um we have to ask

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what use could this property be made if it were being used uh by right and i guess the answer is

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a three uh a three family apartment building is the most that you can build or maybe a two

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um so that's that's getting closer to what should be there anyway the eight family is

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ridiculous in that lot uh i thank you very much for the opportunity to speak

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thank you is anyone else something new and different please

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we have a Seth

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my name is Seth Zeginger

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S-E-T-H-D-E-G-G-I-N-G-E-R

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4316 Ludlow Street

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do you swear and affirm to tell the truth

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the whole truth nothing but the truth

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yes

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please proceed

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I don't have a whole lot to add

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as you can tell by my address

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I'm directly across the street

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um the character of the block has been i mean i moved there in 2004 it's a single family

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two-story intact 19th century row homes and it seems like a shame to just uh destroy intact

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blocks of fully utilized homes just to you know honestly to line somebody's pocket um

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in addition there's obviously parking concerns parking's already tight in the neighborhood

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I understand development will move forward, but that's why we have zoning rules about parking, not to mention other things such as, you know, trash and just density in general on a block that has, as far as my memory goes, just been families.

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That's all I have. Thank you.

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Can I ask Seth a question?

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Yes.

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Seth, you know your property's on CMX4, correct?

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Yes.

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And you have a rental license at your property that's been active since 2019?

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yes i do okay so you rent it out to someone or you rent that house i rent that out to someone

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i also live in the neighborhood i lived there for 14 years okay just as related to 4316 you

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don't actually live at that address currently but you rent it out to someone else that is correct

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yes okay i lived there from 2014 to 2019 understood understood just wanted to is this

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Is this Councilwoman Gauthier's district?

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councilwoman got the age district yes chairman is there anyone

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Yes, Chairman.

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Is there anyone from her office?

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Is Mr. Goodman on?

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Yes, I'll allow him to speak now.

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Please.

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Good evening, Mr. Goodman.

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You're still under oath.

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chair you're muted

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is mr goodman there

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doesn't seem hello yeah andy hello mr goodman apologies for that i was having some microphone

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issues. No, I'm always having those. No problem. You're still under oath. Just identify yourself

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directly, please. Yes. Andrew Goodman, G-O-O-D-M-A-N, Office of Third District Councilmember Jamie

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Gaudier. Councilmember Gaudier stands with community organizations and near neighbors in

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opposition to the variance being requested this evening. In the interest of brevity, we certainly

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affirm the testimony as given previously, and we'll skip over those portions of our testimony.

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Our only additional point, since the applicant referenced it, is we do want to address the topic of the affordability of the housing units.

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We wholly acknowledge that the applicant is under no obligation to, you know, provide affordability of a certain level.

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But we request that because some of this data was not accurate, we ask that, you know, we be reflected into the record as correcting this.

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The rent tables presented and published by the City of Philadelphia and Pennsylvania Housing Finance Agency

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will refute that this is within the 60% AMI range.

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And in fact, in the 3rd District, what is truly affordable is closer to 40% AMI.

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Again, the applicant is under no obligation to set their rents in a certain way,

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and it's not enforceable at the moment anyway,

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so we just ask that our correction be reflected into the record.

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And that concludes our testimony.

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yeah i don't believe he said 60 i think he was giving a range and i think i had more so said

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moderate to workforce housing so um i don't want the us there to be an assumption that we were at

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the 60 i was giving averages okay i thought i thought i saw that in the letter and i thought

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i heard that in testimony i appreciate i appreciate that no worries thank you that concludes our

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testimony thank you for your consideration the last the last point mr chair if i could just

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address some of the comments that were being made as to the hardship created it's a cmx3 lot that's

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how the city has it designated that's um there's a ton of properties zoned a certain way that are

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unable to comply with the code regardless and so that's why we have this forum additionally um

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single family homes are not permitted in cmx3 so if we were to demolish this structure this structure

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which by the way does have structural issues um because it's been uninhabited for quite some time

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as it went through foreclosure, which as this body knows is a very long-winded procedure.

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You know, the ability to demo it is, you know, the right of the developer, and he wouldn't be

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able to construct a single-family home as it's not permitted in CMX 3. In addition to the fact

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that if he was required to do parking there, again, it would still be out of character

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with everything else on the block. So I just wanted to mention that.

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Understood. I mean, obviously, well, not for you to decide, but the zoning should have been

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corrected a while back um yep understood all right yes i also just want to add that there is

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in the city atlas database at least there's no reference of any l and i code violations on the

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property that might you know that might indicate structural uh structural hazards so just well

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whatever the point is you guys have your work cut out for you on remapping that's for sure

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indeed we do yes sir good luck all right anyone else uh planning commission

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good evening david effecto city planning commission mr chairman members of the board

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the comprehensive plan recommends commercial mixed use for this property however we have

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recommended a lower density zoning district we're going to support the civic on this one

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and request opposition to this variance um and this this is somewhat you know kind of like a

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catch 22 for me you got you can't you can't do address the parking though not the density because

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we don't have a refusal for for density we just have a refusal for parking so that would be

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helpful for them because typically what i've heard is the planning commission is not supportive of

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front-loaded parking um and so i would be curious to hear the perspective just specifically related

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to the parking refusal.

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You know, we, I'm sorry, go ahead.

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Go ahead, David.

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All right. So, you know, we typically are, but, you know, there's no parking on the side of the street.

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All right, so, you know, we typically are,

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but, you know, there's no parking

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on the side of this.

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And so, you know, I don't have an issue with with a couple of parking spaces here.

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That's news to me. Thanks.

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Every case is different, Rachel. Yep.

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Anyway, you guys are this is for me, it's very interesting.

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I think I want to take a little more time on this because you can't build the way it's zoned.

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