civus
Hearing video

ZBA Hearing - January 15, 2025

Philadelphia Zoning Board of Adjustment (ZBA)Jan 15, 20258h 11m

that historic property, but not really because we're going to hopefully create like a coffee

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shop there where the people across the street, the people in our development and the people that

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walk nearby can, you know, just grab a cup of coffee on the way to wherever. And then behind

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that, there's a driveway with eight single-family homes, again, with parking in each of them.

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We have a couple of refusals here. The first refusal is no more than one principal use is

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allowed per law in RSD3, RSA, and RTA zoning districts. We have two principal uses. We have

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the commercial use in the front, and then we have all the residential in the back. We can't get rid

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of that. We don't want to. We embrace it, but we can't get rid of that front commercial property.

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It's historic. Historic won't let us get rid of it. So there's our hardship, right, for that.

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The second, no more than one principal building is allowed per lot. Let me just move this thing

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down here. And we have multiple per lot. Now we have the commercial building in the front.

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We have two additional buildings in the rear. And the reason why we have that is to provide

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access where we have turning radiuses in different parts of the plan community. Again, we fleshed

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this out with streets department, the fire department. They wanted to make sure that this

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is a safe plan community. And for garbage removal too, to make sure it was thoughtful. And from a

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safety perspective, God forbid there was a fire, the fire trucks could get in there, they can move

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to the side, they could turn around. Same thing with the commercial haulers of the trash.

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That's our second refusal. Our third refusal, and we caught this one. Originally, the zoning

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examiner did not. We're on a steep slope, but the steep slope is really minimal in minimal areas.

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That's really not affecting the situation. Again, this is a property that was used originally as a

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coal site. Again, we can't affect the fact that we're on a steep slope, but our buildings are not

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really near the steep slope purposefully as part of our design. Then fourth, we have a refusal for

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the multi-family living and the prepared food shop. Because we have a skinny front,

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we can't subdivide that. We have no street frontage. That's our hardship right there.

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We have no choice. We have street frontage of 93 feet .66 feet. We have no choice.

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Otherwise, we have one single family, 50 feet wide, right, from RSD3, we would be allowed one single family home there on a lot that is well over, well, it's almost 51,000 square feet.

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So we did get a letter of support from Westmount Area Neighbors Association. It's a very well-attended meeting. And again, the people on that board are serious about zoning. Not that others are not, but again, we have two

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know, serious about zoning. Not that others are not. But, you know, again, we have two former

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counsel to the ZBA. I think we had a former city attorney that worked,

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that represented LNI. So, you know, we had people that know what they're talking about.

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And then we also have a letter of support from the Mount Airy Bid, and they're in support of

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this project, right? We're using a site that has been underused for many, many, many years.

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And then, again, a little bit about, like, the project is in the article that we found that was

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written in the Chestnut Hill Local. But, you know, people are really excited about this project.

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And it talks a little bit about Bancroft Green. And, you know, a little bit about Bancroft Green,

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you know, Scott and his brother have been doing this for well over 20 years. They believe in

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sustainable development and adaptive reuse. You know, Scott, like, lives nearby. Like, you know,

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I know you hear this a lot, but, like, he may even be, like, living in one of these units himself.

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And, you know, this is just a little bit about their portfolio, but if you look at,

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it's off their website, 520 Carpenter Lane. They got a lead platinum certification,

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and they were the 2017 Mount Airy USA Project of the Year. They have their offices in there too.

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And then they were a 2018 finalist for Green Building United Groundbreaker Award.

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And this is more their adaptive reuse, but at 7111 Germantown Avenue, which they completed in 2021,

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uh they also had a certification so they know how to take historic properties which we have historic

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in the front which we're going to preserve but they also know how to make sustainable development

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which we're going to do in the back so that's a blend of exactly what they know how to do and

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know how to do very very well and then the aerial view of this property we're this so here's the

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trail but we're right here and you'll see it better from some other maps but it's a very unique site

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and a lot that is non-traditional in nature.

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So you can see from here, very small opening goes very, very, very deep.

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The length of the lot is 904 feet long.

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And then this is where we are on Germantown from a Google Maps perspective.

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And there are photographs of the property from different angles.

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this is from the existing carriage house that's in the front this is kind of looking at the existing

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drive aisle that we're repurposing uh and this is like kind of seeing the the carriage house

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if you're towards the back of the property and then this is kind of like who we're bound next

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to and then this is we're next to the covenant church of philadelphia uh who's also supportive

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of this project, and then this is our hearing notice poster, and then this is Germantown to the

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right of the property, to the left of the property, and then these are our plans and drawings. Well,

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not really, but here's something I found online. This is the St. Martin's Coal Company, and then

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this is the Carriage House, the historic Carriage House. So just look at the massing and the way

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the building lines are going. Keep that in mind because that's what the architect tried to

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replicate through their design. So we're going to completely clean up this historic property

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in the front. Again, we're proposing a prepared food shop. And then you can see this from a

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different angle, but we wouldn't have anything left in terms of putting any other building but

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this one, but for the fact that we're asking for this variance. And that's the true purpose of a

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variance. That's a hardship. But here's the beginning of the of the drive aisle that we're

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repurposing. And then this is just looking at it from Germantown. And here are the two building

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structures. And then this is the parking that I was talking about. There's four parking spots,

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including a handicapped spot in there. And then this is the trail, the beginning of the trail

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that we that we hope we're going to collaborate with that community to like rebuild. Like we're

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embracing that trail you'll see through our art design and then this is more of an aerial view

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from the back of our property and you can see we try to do as much landscaping as possible

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and then this is from the back of our property that's the trail very very pretty very natural

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our backyards kind of face here and then this is another angle of the trail how we kind of

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incorporate our plan community into that trail to a degree. Again, green route.

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planned community into that trail to a degree.

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Again, green roofs.

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And a different angle with the trail

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and our property and our proposed building structures.

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And then again, just from a different angle as well.

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And a different angle.

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And then you can even see from the architecture,

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again, remember that's from the Cole picture

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of how those roof lines act like that

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and even the building structures.

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but then if you look at the architecture here we mimicking the architecture of that church the

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roof lines and such so we just want to make it blended in like it's been there forever to a

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degree with a modern twist and then again just taking a look again looking these roof lines and

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such with the trail and our backyards and how we just incorporate ourselves on a lot that's 93

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feet wide, approximately, and 904 feet long, and we, again, using the least amount of variances

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that you would expect under the Philadelphia zoning. Again, from the trail in the back,

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and then the front, and then you can see, and we can talk, you know, Jim can talk to you about this,

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of how he set back some of these buildings

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to provide like a stoop mentality to a degree

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and a lot of light and air.

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And you can see the garages here.

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And again, the materials are stone, brick, and stucco.

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And, you know, again, Jim could kind of tell you

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the inspiration behind that.

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And then you can see here from the site plan

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about like, you know, what we were talking about

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in terms of we creatively created these open areas

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rather than having these one building structure

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across the way,

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we worked with the fire department

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and streets department and historic

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to create something that was thoughtful

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where we have some openings here.

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So you can have turnarounds here.

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You can have a turnaround here.

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And then again, because we realized

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that the zoning examiner missed

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the variance regarding the steep slope,

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we got an earth-moving.

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We asked to update the refusal.

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We got that refusal,

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and then we provided an earth-moving plan.

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Just as a note,

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stamped by Ian Haggerty,

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formerly of the Planning Commission.

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Well done, then.

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Yeah, yes, exactly.

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He's done better things.

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But you can see here,

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this is where the steep slope is here.

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It's here, it's a little bit right here, and it's right here.

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So it's really small right here, right here, and in the back,

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really not affecting much at all with regards to this project.

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And then the floor plans.

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So we have a couple of different types of floor plans here.

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Units one and two are three-bedroom, four-and-a-half baths.

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So you can see two-car garages, everything on grade.

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you come in the front door there's an entryway you're kind of a flex space which a kitchenette

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some people are still working from home guess we're not so but uh you know some people do and

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they want that extra space so you have a flex space here with a bathroom you go up a flight

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of steps you go to a second floor open floor plan you have the primary bedroom here en suite

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you know, walk-in closet, half bath here, go up another flight of steps, another flex space,

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another office, a bedroom with a bathroom, another bedroom, not connected to a bathroom,

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but another bathroom. And then this is a unit number three, a different type of variation of

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it. But again, two car garage, right? Like, you know, we have to, I mean, if you think about we're

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on Germantown Avenue, we want to be smart about that. So it was important for us to provide not

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just off-street parking, but two cars for every unit owner. And again, you walk in, there's an

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entryway, there's a mudroom, there's a flex room, there's a bathroom. Go up a flight of steps,

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open floor plan, very interesting angler version to make it architecturally interesting with a

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dining room, a kitchen, a living room. You have a primary bedroom suite. You go up another flight

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of steps. And by the way, you have some outdoor space too with some of these units with exterior

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decks, flex space, office, a bedroom with a bathroom in it, a bedroom without a bathroom in it.

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And then the other version of this is, again, two-car garage. You enter in, you have, because

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of the sloping, you have the living on the first floor, but it's sloped. You have the ability to

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get in the garage on the ground level or the lower level. And then we even have an in-law suite here,

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And then we even have an in-law suite here, our laundry facilities down here, again, flex space, again, set back, a little front courtyard.

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our laundry facilities down here.

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And then you have the primary suite, you have the living room, dining room, living room, kitchen, and again, another roof deck area, a lot of, you know, again, embracing the outdoor nature of this trail.

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and then the final floor again is two bedrooms up there and two baths and again to brace the

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outdoor area and the fact that we're near that trail is another roof deck and then these are

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units five through eight another version of it two car garage front courtyard flex space again

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another bathroom on the ground floor, primary suite, open floor plan, living room, dining room,

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kitchen. You have a roof deck again to embrace the outdoor nature of this area. You have three

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bedrooms up here and one bathroom in a laundry facility. So we met with the community on

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December 4th virtually. We sent that notice to the community November 21st. Now there was

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wasn't a lot of people within the affected area. There's only 13 properties within the

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affected area. Again, there's not much going on in terms of properties, but it was a well-attended

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meeting because I would say there was 15 people there, but they have a large board, and this is

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proof of mailing to the community at large. But again, the bid that represents that community

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to support a very well-established sophisticated RCO supports this as well. Here's our applications

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for appeal along with the notice of refusal and the project information form. Our agreement of

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sale which includes an addendum which you're not seeing now but I presented to the zoning board

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administrator which shows we have an active agreement of sale and our certificate of tax

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clearance there are taxes due but they're not um in arrears until mark after march 31st

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2025 with that being said i would ask that scott you know you know be sworn in just a quick point

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was mr richardson at the meeting that we you were no okay maybe he'll be on yeah okay thank you

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sir could you please state your name and spell for the stenographer

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Scott Seibert, S-C-O-T-T-S-E-I-B-E-R-T.

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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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Please proceed, counsel.

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Scott, you heard everything I had to state today.

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Yes.

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Is it true and correct?

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Yes.

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Do you adopt this your own testimony?

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Yes.

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I would be remiss because we have opposition from the city council member, and knowing how passionate you are about this project,

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I would just, you know, you've been dealing with this project for a few years now, right?

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Yeah, I first started talking with the current owner, John Mascaro, about 10 years ago when he was thinking about winding down operations.

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He's a general contractor.

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He wasn't quite ready then, but if you saw the agreement of sale, in the end of 2021, we got under agreement.

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and since then we've been really thoughtfully in a lot of regards working backwards on getting

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the approvals because it is a very complicated site and Alan did a wonderful job presenting it

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the one thing that you didn't touch on which has really taken the most of our time is coordinating

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with the water department because there's a storm soar interceptor that runs along our driveway

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and then cuts underneath the old train berm and then under the Cresham Creek and then meets up

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that's um you know we made lemonade out of it with the turnaround for the fire truck but we

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can't build there there's a 25 foot row on either side of the interceptor so that was about a year

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and a half of work coordinating with them um and because of our commitment to sustainability and

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our wonderful civil engineers the studio sustenna we worked out a solution that worked for everybody

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uh whereby 95 of the site will be pervious uh so it's not just the green roofs all of the

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landscaping you see there has been thoroughly developed so that we're we're really decoupling

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you know it's not officially a brownfield but it was a brownfield it was it was a coal site

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for 60 70 years and it was an fc hob had it and it was a oil site it's never been residential

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