civus
Hearing video

ZBA Hearing - October 4, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Oct 4, 20234h 20m

Yes, my client is Two Key Property Investment Group, Inc.

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And in the virtual audience is one of his representatives, Stephanie Smiley.

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um is that for 51 27 irving street or is that's right it's not philadelphia homes

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you had one earlier with that oh you know what maybe my notes are saying

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property but maybe i'm wrong we'll take a look at the deed and and i'll confirm that let's just

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take a look at the deed all right uh let's see i thought you had mentioned that name earlier in

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the day. Yeah, me too. When I said it too, I was like, wait a minute, that doesn't make sense.

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So let's see. Oh yeah, it's Villa Holmes, LLC. You're

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right, Mr. Chair. So our Vice Chair has just a few questions.

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Oh, I thought

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I was off mute. Good afternoon, Counselor. Do you agree to waive the reading of the refusal

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and stipulate to its accuracy?

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I do.

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Have you emailed in all the required documents

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and exhibits that are needed and required

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to proceed with this case?

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Five days in advance of this hearing.

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Yes, we have.

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Thank you.

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Please proceed, counsel.

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All right.

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Thank you.

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All right.

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So I'm here to present 5127 Irving Street,

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a property located in West Philly.

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We're going to first review the notice of refusal. So this is an RSA 5 property with a long history of multifamily use. We met with the community on, I believe, two separate occasions. The first was when we presented this as a four unit project.

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Actually, I think we only met with them once.

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We met with them as a four-unit project.

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There was concerns about, like, the amount of density that was created, even though this was a property that has a long multifamily use history.

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They indicated to us that if we reduce the unit count to three, they would be in support of that, which I believe that's why we received the letter of support.

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They indicated to us that if we reduced the unit count to three, they would be insured.

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So if this board feels so inclined to grant our zoning variance request, we would ask for a proviso maximum three units.

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And we have altered our floor plans to show the ZBA how we would lay out a three-unit dwelling.

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It's not uncommon to have multifamily use on this block, even though this is an RSA 5 block, and we'll show you other properties on this block, which are multifamily in nature.

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We also reached out to the community as a whole.

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I always encourage my clients, besides going to a community meeting and making a presentation, is to canvas the neighborhood and to hopefully get support, at least explain what the project's about.

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And we have a petition in that respect. Maps of the area, photographs of the property, our plans and drawings, our RCO meeting notice showing the notice that went out, proof of mailing of that notice as well, our application for appeal that we filed on behalf of Phila Homes LLC, our deed to the property showing that Phila Homes LLC is the owner of the property, and our certificate of tax clearance.

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Again, at the conclusion of my presentation, I would ask that Ms. Smiley virtually raise her hand, be sworn in, and I'll have a few questions for her.

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Notice of refusal. So this is an RSA-5 property. We're not changing the dimensions of this property in any way.

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Originally, we were proposing four units. Again, this property has a long history of multifamily use.

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After meeting with the community, we all agreed that, you know, there would be a maximum of three units.

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And if, again, if this board, you know, supports that endeavor, we would ask for a proviso in that respect.

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Letter of support from Walnut Hill Community Association.

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As you can see, the zoning committee voted five in favor and one against having three unit family here, family dwelling here.

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and they indicated that they were unanimously opposed to four units, but it's very supportive

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of three units. And then again, we looked at the block in general and the surrounding area,

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and it seems like there's a lot of multifamily use here on this block, even though this is an

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RSA 5 property. So in addition to our property, there are 10 other instances which have a history

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of multifamily use here. And then the petition, what we did was we took, you know, the addresses

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that were within the notice requirements for this property, and we had our clients canvass

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the neighborhood. And as you can see here, we've received significant support from not only nearby

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neighbors, but people within essentially a block radius of this property. And then here's our

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petition, as well as letters of support as well. And we really did try to focus on our block in

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particular, the people who most be impacted by this project. And then maps of the area. Yes,

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we are RSA 5, but you can see from the map, there's a diversity of housing here. There's CMX 2,

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there's CMX 2.5, and there's RM 1 as well. And then you can see here that we're near public

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transportation. We're between Locust and Spruce and 51st and 52nd, but we're also not that far

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from public transportation. Looks like there's a bus line that runs across here on 52nd Street,

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as well as on Walnut as well. And then photographs of the property. We're not changing the physical

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structure at all. The exterior is going to stay the same. It's a two-story structure.

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um this is proof that we posted for uh the hearing notice for today's hearing

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and this is Irving Street to the right of the property to the left of the property and our

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plans and drawings again all we're doing is doing some major uh TLC to the exterior and interior of

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the property um you know we're not changing the building footprint in any way but here's a site

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plan elevations again not changing the building footprint in any way but this is our floor plans

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so you walk through you go on the porch you walk through the front door of the building

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to the left is a three-bedroom one-bath unit on the first floor and instead of going to the left

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on the first floor you go up a floor and you walk into a what's called a landing area and there's

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two one-bedroom, one-bath units on the second floor.

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We met with the community on August 16th at 7 p.m. This is proof of email of that notice to the coordinating RCO, the other RCOs, as well as the council members, zoning aids.

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We met with the community on August 16th at 7 p.m.

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So they got notice of the meeting that took place two weeks later. And then 119 addresses were notified of the meeting by way of mail.

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and these are a list of addresses

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that were notified of the meeting.

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Proof of mailing to those addresses

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or application for appeal

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that we filed on behalf of Phila Homes LLC

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along with the notice of refusal

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on the project information form

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or deed to the property

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showing that Phila Homes LLC

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is the owner of the property

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and then certificate of tax clarity

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showing they owe no real estate taxes

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on account to this property.

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I would ask that Ms. Smiley virtually raise her hand if he's sworn in.

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Ms. Smiley has been allowed to speak.

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Hi, Ms. Smiley, could you state your name, please, and spell for the court stenographer?

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Sure. It's Stephanie Smiley. That's S-T-E-P-H-A-N-I-E-S-M-I-L-E-Y.

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Right.

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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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Proceed, counsel.

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Yes.

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Stephanie, you heard everything I had to state today about your zoning matter.

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Yes.

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And is it true and correct?

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Yes, it is.

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And do you adopt it as your own testimony?

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Yes, I do.

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Thank you.

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Questions from the board?

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No, Mr. Chairman.

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um a question for our council do we need revised plans on this

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hillary or is that just the plans change enough to do it um so there were no plans in this because

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this was a change in use so i'm a proviso only if the number of dwelling units is changing

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that's good you need it you have anything else for this

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uh no thank you okay questions or comments from the virtual audience

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i see no hands here planning commission thank you chair bergman and good afternoon david effecto

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with the city planning commission chair and board members the comprehensive plan recommends no change

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to the residential single family zoning at this location this neighborhood was rezoned in 2022

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in a community supported remapping the property has a documented history as a duplex the city

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planning commission recommends the board grant a use variance for multi-family use with a maximum

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of two dwelling units. Thank you. MI 2023-002-911-5127 Irving Street, I vote yes, proviso,

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no more than three units. Thomas Holloman, my vote is yes with proviso. James Snell,

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my vote is yes with proviso ishmael shaheed my vote is yes with proviso thank you thank you

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council number eight mi 2023 002 858 2901 to 19 north 25th street william o'brien is the attorney

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um recommendation of support with proviso is from swamp poodle neighborhood

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parcels association which was the coordinating rco

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William O'Brien has been promoted.

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Counselor, could you state your name, please, and spell for the court stenographer?

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Yes.

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Good afternoon, Mr. Chairman.

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William O'Brien, W-I-L-L-I-A-M, O'Brien, O-B-R-I-E-N.

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Right.

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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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Could you identify your client in relationship to this property?

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Yes.

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Yes, I represent the Christlike Pleasant Green Baptist Church, and included in the audience today is Dr. Gerald Chapman, who's the pastor of the church.

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Okay, our vice chair has just a few questions, sir.

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Is your beauty?

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You're muted.

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Good afternoon, counsel.

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

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I do. Have you emailed in all the required documents and exhibits that are needed and required to proceed with this case in advance of this hearing? Yes, I have. Thank you, counsel. Please proceed and share your screen. Thank you. No problem.

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can you see my screen we have it sure okay uh this is the the church uh it sits at the corner

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of west cambria street and north 25th street uh west cambria is here uh facing

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25th Street. West Cambria is here facing along the entrance to the church and North 25th is

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I mean, you know,

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to the left of the church. Both streets are one way. And this building, which has been a church

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for approximately the last 50 years, was originally built nearly 100 years ago as a movie theater.

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back then of course it had a large marquee for the last several years the church has been using

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this banner it's a 16 foot long banner and they're here today to get a variance to allow

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a five by eight foot sign and i'll show you a location and i'll go into some detail about the

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sign the sign is important for the church because the mission of the church is not just to serve

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its congregation, but also to serve the community. The sign will help advertise and inform the

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community of food pantry days when there's food being given away, tutoring schedules that children

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in the neighborhood are invited to attend. So it's important to the church's mission to be able to do

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that. Um, the church, the property is relatively large. It's about 9,500 square feet. It's 155.

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Um, bear with me the wrong way.

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It's 155 feet along, um, 25th street.

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And 60 feet, so 60 feet along West Cambria, 155 feet along 25th Street.

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The sign itself will be located along the, what was, I guess, formerly the marquee for the movie theater.

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um there with me i've got a new version of adobe acrobat that's so here's the uh

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the sign will be posted just above this uh penthouse roof along the front facade facing

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West Cambria Street.

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There's the proposed location of the sign,

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and this is the banner that will be removed.

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The sign itself has two different sections.

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One is static.

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So this top part, this 18 inches where it says Christ like Pleasant Green Faith Baptist Church is a static panel, does not change.

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And then below that is a 42 inch by about 84 inch panel that the messages can change to announce scheduled services, to announce when food pantry days are, to announce when tutoring sessions are being scheduled so that the community can be informed.

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Um, the sign itself, uh, comes with, uh, it comes with factory settings, uh, which has a light sensor, which is sensitive to light conditions so that as the day goes darker, the sign becomes brighter.

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However, that can be adjusted.

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For example, if there was a street light 10 feet away from the sign, then when the street light went on, the factory settings would cause this light to become very bright.

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but there is there are two ways it's it's it's it's a wireless control where you can adjust

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the schedule as stated here on page 13 and you can also adjust it manually but it's done both

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wirelessly and there is also a weatherproof waterproof port in case there's some failure

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that it can be actually, you can connect right to the sign.

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The box is approximately one foot deep.

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It's aluminum as a polycarbonate face that includes a special surface that is impact.

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that includes a special service that is impact and vandal resistant.

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I think that's about it. We met with the community on

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September 21st at the church. On page three is the RCO report. There were 27 people present.

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The RCO recorded 13 votes in favor, no votes in favor.

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The chairman, Mr. Chairman, you mentioned a letter with provisos.

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I have not received that.

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So I don't know if there's something coming that I haven't seen, but I'll certainly respond if it's something I haven't seen.

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The notice went to 288 homes around the church.

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I don't know if there's much more I can add.

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Would you want to bring your client on?

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Yes, I'd ask Dr. Gerald Chapman to raise his hand.

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I have Tonita Chapman.

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Okay, Tonita Chapman is the administrator of the church.

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Tonita has been allowed to speak. Please unmute yourself.

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

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Odell Chapman, G-E-R-A-L-D-C-H-A-P-M-A-N.

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Right. Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?

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I affirm that.

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Thank you. Proceed, counsel.

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Thank you. Dr. Chairman, are you the pastor of the Christlike Faith Green?

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are you the pastor of the church yes i am sir and were you present during the presentation

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of this case yes i was and you heard my testimony yes i did and were my comments and statements

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truthful yes sir and you adopt them as your own yes i do okay questions from the board

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no mr chairman

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uh questions from our council hillary emerson

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no questions mr chair but just um a comment that you know we did receive the meeting summary form

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from swamp poodle um and it indicated that there would be a separate email letter of explanation

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with provisos but that we did not receive i know i'm waiting to see if when i get to the

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