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Hearing video

ZBA Hearing - March 2, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Mar 2, 20225h 41m

James Snell, my vote is yes.

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Ishmael Shahi, my vote is yes.

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Thank you.

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Thank you, Mr. Chairman.

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That concludes my business to listen.

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Thank you.

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MI 2021 004832, 3135-49 West Montgomery Avenue.

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We don't have the RTO in hand right now.

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Attorney Jeffrey Young.

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Mr. Young?

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Good morning, members of the board.

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Jeffrey Young here on behalf of the applicant of the property.

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Mr. Young, could you spell your name for the court reporter?

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Yes, J-E-F-F-E-R-Y, last name Young, Y-O-U-N-G.

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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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Mr. Howellman has a few questions for you.

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Good afternoon, Counselor.

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Do you agree to waive the reading of the refusal and stipulate to its accuracy?

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I agree to waive the reading. However, I cannot stipulate to its accuracy, and I will, in my presentation, I will explain why.

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According to our records, did you submit a RCO letter?

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We, our RCO letter was not given to us in time, in enough time for us to submit it with our package.

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In my package, I did submit proof that we had the RCO meeting, and I do have letters from the RCOs now.

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Please receive.

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Thank you.

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May I share my screen?

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Yes.

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I'm sorry.

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This is Tanya.

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May I ask a quick question, Chair?

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Sure.

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Mr. Young, if it's okay with you after the presentation, could you send the letter to the RCO box so we can have it for our files?

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Yes, ma'am.

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Thank you kindly, Mr. Young.

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again members of the board my name is jeffrey young i'm here on behalf of the equitable owner

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of uh 3135 uh through 49 west montgomery um as well as uh 3133 uh west montgomery avenue

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um the owner of the the properties uh mr joseph williams um is on the line uh today

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it's a table of contents uh just to talk about what we have uh here in our packet um we have

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the tax clearance uh the agreement of sale for 3135 uh west montgomery uh the deed

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uh the agreement of sale for 3135 uh west montgomery uh the deed for 3133 uh west montgomery

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um area map the zoning map refusals pictures uh the subdivision plans uh zoning plans elevations

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our site plans uh ground floor plans floor plans pictures renderings um the notification letters

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sent out to the community um our certificates of mailing um like i said we have proof of the rco

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meeting at the time of the submission was due. We also have had some more information from flyers

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from preliminary meetings and emails from preliminary meetings that we've also had with

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the community. So we've met with the community more than once for this particular project.

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Again, so the refusal states 3135 through 49 West Montgomery, but the actual plan is for 3133 Montgomery and also a consolidation of 3133 with 3135 through 49-Montgomery Avenue.

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uh here's a tax clearance uh from my uh client mr joseph well dr joseph williams excuse me

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um here's an agreement cell uh for 3135 through 49

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and here's the deed uh to my client dr joseph williams uh for 3133 uh west montgomery avenue

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it's an aerial map of the neighborhood just to show where the property is in conjunction

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we're on the northwest corner of 32nd and Montgomery

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and the zoning map here just shows that the property is on RSA 5 again showing the location

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on the northwest corner of 32nd and Montgomery avenues in the strawberry mansion section of the

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city uh here uh the refusals um again to to get to uh why i had to uh cannot agree to the accuracy

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um it's because of the address location um again our address here states 3135 through 49 west

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Montgomery. However, because of our zoning plan consists of a lot consolidation, it includes 3133

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West Montgomery Avenue as well. So I just wanted to get that on the record and put that in front

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of the board that this project also includes 3133 West Montgomery Avenue. Again, we're refused

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For some dimensional issues for our lots, the main one being the minimum lot area, also some dimensional standards for some rear yard depth and front setback and for a roof access.

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to give the board a picture of the property currently um it is a vacant lot uh it's a

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formerly a uh church that was demolished by the city of philadelphia

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uh because it was uh is dilapidated and blighted um conditions

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and this is a view of the lot again looking toward the southwest corner

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of 32nd and montgomery um this is a view looking north um onto the property

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as i mentioned uh we had uh the surveyor was approved by the city to consolidate the lots

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um as you can see here um it consists of 3135 through 49 montgomery which is this one uh big

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lot here and also premises A which is 3133 Montgomery and our proposed subdivision here

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you'll see it includes 3133 Montgomery as well and this was approved

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by the survey district if I can find that stamp there there you go this was approved by the

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the survey district. In our zoning plans, again, our zoning plans include the 3133 West Montgomery

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Avenue, as well as 3135 through 49 West Montgomery Avenue. What we're proposing to build is 14

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single-family homes on these lots. The homes are 34 feet in height.

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um the homes are 34 feet in height um so lower than what the court requires um again each home

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single family homes um consisting of approximately being a little bit more than 20 feet wide

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um also with uh two car uh rear uh garages access through a curb cut um on the 32nd street side

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Now, in regards to that curb cut on 32nd Street, as I mentioned, this property was a church, so there were no formal homes here.

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It's not taking away. Our curb cut does not take away parking from any residents.

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And in fact, our curb cut, our 122 foot wide curb cut will be potentially adding or taking away, excuse me, 28 cars from the street.

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there's a sense of our zoning plan again we're 35 feet high at the roof line

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with a 22 foot wide drop out in between so the properties will be fronting on

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west montgomery avenue and also west moore street

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currently on moore street there are about eight residential properties on the opposite

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side of Moore Street. Here, again, is just a plan so you can see the lot lines. Our lots

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are a little bit more than 1,000 square feet. And we do, again, we are not, we do not meet

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the dimensional standards for RSA 5 lots. However, given that we are subdividing these

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lots and the adjacent if these lots were not um subdivided into 14 uh lots uh each lot consistent

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from montgomery to morse would be a total of 1600 square feet um and under the cool um meeting

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certain dimensional standards we're allowed to subdivide the lots um if they're under uh if

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they're uh 1600 square feet um or over um if they're used for single family use um as well

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uh which we are uh compliant with again this just uh shows uh the plot plan um for the uh

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the first floor garage area um again two car garages are proposed of a 22 foot wide

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wide drive aisle um and the garage level will uh be on the the first level of the homes

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um these homes do include basements uh we are proposing to put uh trees all throughout the

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perimeter of the development to provide some greenery for the street and the neighborhood.

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This is a typical floor plan for each of the units. Basement level, first floor level again

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with a bedroom, two-car garage, second floor open concept living room, kitchen combo,

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And then the third floor will have a two bedrooms and two bathrooms.

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The roof will have access to mechanicals throughout the entire roof.

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To give a sense of the board of what was here, this is the church that was formerly on the site.

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As you can see, it has beige bricks.

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What we're trying to do in the design of the units is to keep some of that traditional

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look and also blend it with the modern.

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So we're going with beige bricks for the corner property and with a combo of beige and red

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brick for the interior units.

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and this is a view looking northwest of the proposed site

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and here is a view of our proposed drive aisle and garage

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these are the rear of their properties this is the deck off the second floor level

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to give the homeowners a sense of some outdoor space and some some backyard living

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and here's a rendering from above now as you can see this rendering here you know one thing that

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was contentious at our community meeting I'm sure there are members on the line who the members of

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the community on the line who will want to speak more into detail about it is the roof access

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As you can see, the roof access that we have now is through this, the roof access structure here that meets the code requirements.

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But our proposal for the roof is to put all mechanicals, all HVAC, and solar panels throughout the roof.

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But our proposal for the roof is to put all mechanicals.

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70 to 80 percent of the roof will be covered in mechanicals.

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There will be no living or recreation space available on this roof.

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The roof will be totally dedicated to mechanicals and solar panels.

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Again, here's a letter that was sent out to the community.

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Here is my proof of mailing of those letters.

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This was a, at the time, like I said, we did not have our letters from the community,

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but this is proof that we did have the official RCO community meeting.

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um this was a flyer that we sent out excuse me this community this rco community meeting was held

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um uh in february on february 24th i believe it was um and uh we also had a preliminary

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community meeting which we flyered the entire community on um for on january 27th

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and we also this email shows that we've had preliminary meetings

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uh with the community dating back uh to april now uh we do have a letter uh from the strawberry

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mansion uh cdc um that are opposing the project because of our proposed um roof access um however

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as i mentioned to the board our roof access um is only for uh the the uh solar panels the

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mechanicals the HVAC systems that would power our facility. As they mentioned in their letter you

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know there were no no solar panels displayed at the at the meeting and that's because for zoning

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purposes solar panels are not do not need to be included in the zoning plans however when we have

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our building plans. Those HVACs, those mechanicals, those solar panels will be shown throughout our

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building plans on that roof access. And in this letter, they mentioned that the vote was, and as

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you can see, there was a close vote, 11 in favor, 10 in opposition. That's from this letter from my

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account at the community meeting that the vote was asked to take place in the chat of the Zoom.

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And based on the chat of the Zoom, what I sent, I sent an email to the community right after that

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meeting to correspond what I saw. And what I saw from that meeting was 11 people in support

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and seven in opposition. I've included their names, their addresses of the folks that I saw

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in that chat who voiced their opinion about this particular project. And as you can see,

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all of those who are in support of our project are near neighbors. And most of those who are

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in opposition to the project are not near neighbors. We also have a letter of support

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from the 32nd Ward, who was an affected RCO in this area.

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And with that, you know, I conclude my presentation

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and ask my client, Dr. Joe Williams, to get on the line.

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Mr. Williams, could you state your name and spell it for the court reporter?

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mr williams please unmute yourself

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can you hear me yes mr williams could you state your name and spell for the court reporter please

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dr joseph williams j-o-s-e-p-h-w-i-l-l-i-a-m-s all right do you swear or affirm to tell the

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truth the whole truth is nothing but the truth yes i do thank you counselor

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one. Thank you, Mr. Chair. Dr. Williams, have you heard my testimony? Yes, I have. And do you

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stipulate to the accuracy of my testimony? Yes, I do. And do you adopt my testimony as if it was

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your own? Yes. Thank you, Mr. Chair. Questions from the board? No, Mr. Chairman. No, Mr. Chairman.

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questions or comments from the virtual audience? Chair, we have Tanetta Graham.

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Please unmute yourself and wait for the chair.

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Please unmute yourself and wait for the chair.

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Could you state your name and spell for the court reporter, please?

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Sure.

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My name is Tonnetta, T-O-N-N-E-T-T-A.

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Last name is Graham, G-R-A-H-A-M.

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And I'm the president of the Strawberry Mansion, CDC, who was the court name.

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Wait one minute.

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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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I do.

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Hello, everyone. As I mentioned, my name is Teneda Graham, and I am the president of the

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Strawberry Mansion CDC, which was the coordinating RCO for this project. As mentioned earlier,

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the project did have several communicating meetings with the community that was arranged

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by the Strawberry Mansion CDC. And during those both sessions, you know, there was some give and

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take um in terms of what the project looked like and we did see some uh some of our feedback was

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incorporated however on the we had three meetings total uh so in our two introductory meetings um

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it was portrayed uh the rooftop deck and the rooftop access was portrayed as for residential

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living um survey mansion uh it has a neighborhood conservation overlay which prohibits uh roof deck

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access and roof decks um that was made clear to the uh developer um and during the the current

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meetings the roof decks kept occurring at no time during these three meetings um well i'm saying

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during the two meetings there was a mention of the roof deck the access for utilities or solar panels

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given that zoning does not require them to be on the plan they were never it was never stated to

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the community until the meeting of February 24th that the roof decks on the roof access was needed

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for solar panels and utilities. That being said, we asked for a continuous to further discuss this

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as our overlay, which was in place, I think, in 2021, which was publicly supported. There was

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some opposition to it, however, given all the opposition, the various meetings held from the

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planning commission, the various meetings held for city council hearings. City council unanimously

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passed our overlay to protect our community and it was signed by the mayor. So we respectfully

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asked the developer to have a further discussion so that we can ensure that no rooftop living would

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occur should a homeowner, because these are units that will be for sale, decide that they don't want

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to have solar panels solar panels are not a requirement for this project so the suggestion

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was that if you're going to have include solar panels that you can include them in your

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construction and then that we could work on some type of provision where there would not be there

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would be limited um it would limit any kind of future access to residential living as we are

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working to protect the overlay that we uh we develop ourselves along with the planning commission

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And like I said, it's been passed by city council and the mayor's signature.

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So other than that, the other issues of the project, we had no problem with the variance.

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The other variance that was required for the setbacks and for the minimum lot area, we

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just would like not to have our overlay be disrupted by any roof deck or roof deck access.

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Thank you very much.

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any other comments from the virtual audience yes chair we have mary jones

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proceed mary good afternoon members of the board mary jones from council president daryl clark's

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office could you say spell your name please for the court reporter m-a-r-y-j-o-n-e-s

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Do you swear or affirm that tell the truth, the whole truth, and nothing but the truth?

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I do.

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Rasheed?

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