civus
Hearing video

ZBA Hearing - October 4, 2023

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

And we're saying that we don't want the neighbors in this block or this community to have to deal with this on their own.

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There should be some regulation.

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We propose that this property be fenced off.

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And we have an example in the pictures that I'm about to show you so that the entire property is enclosed so that the sidewalk is free of tenant activity.

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This is one of the things that the community hoped to meet with this.

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Well, well, well, Miss Broadus, we we we can't we can't dictate that this property.

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No, I understand.

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And I think I think the real issue is what you're saying is you disagree with this being a multiple family dwelling. Is that what you're saying?

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I'm saying I'm saying that the community is cannot absorb the three families at this location.

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OK. And but you are aware that the RCO who was assigned to this is in favor of it.

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Oh, no. We we we as the community heard that message loud and clear and we are very bothered by it.

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I would like you to indulge me for just a second.

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I've been on here for a long time.

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I'd like to share my screen so that it is a part of the record of what it is that we are actually concerned about.

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But we have we have you've sent that to us, didn't you?

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You did. Right.

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So it is part of the record.

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OK, so do you see the garage?

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is that something that you are able

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to regulate

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to stop the tenants

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from this property from parking in the

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driveway

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I'm not sure about the driveway

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if it's a violation they will come out

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and cite us

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the neighbors shouldn't have to

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continually deal with this

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and that's what's been happening

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but that's the only way to deal with it

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I can respond

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Why don't we let Ms. Brodus finish, Darwin?

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Ms. Brodus, do you have anything else?

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Okay.

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We also do not agree with the proposed location of the trash.

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There's a small alleyway between the garages and the parking that is only wide enough for a single trash can,

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Which means that the tenants will be throwing trash back there.

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There's a park half a block down the street.

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Raccoons and mice and all kinds of things will rummage through the trash.

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We want the trash to be kept inside.

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We want it stipulated that they should not park on the sidewalk.

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We want it stipulated that they have no parking space in the driveway.

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um and if you don't want me to share my screen i won't but i would like to show

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for the record what we're concerned about i think we have that miss produs

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okay you've already sent that to us okay all right thank you we understand your points of view

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is there anyone else in the virtual audience yes chair i have three hands just went up

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and one is Kimberly Johnson.

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Ms. Johnson, could you state your name, please,

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and spell for the court stenographer?

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Ms. Johnson.

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Kimberly Johnson, can you unmute, please?

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Ms. Johnson, go to the next person, please.

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Ms. Johnson.

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The next person is Bill Williams.

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Okay.

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Mr. Williams, could you state your name, please, and spell for the court sonographer?

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Mr. Williams, please unmute and wait for the chair.

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Mr. Williams?

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Bill Williams.

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

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It's B-I-L-L-W-I-L-L-I-A-M-S.

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You swear a firm to tell the truth, the whole truth, and nothing but the truth?

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Yes.

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Mr. Williams, are you a neighbor?

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I'm in the area, and I'm with the ACCA.

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Okay, okay. Are you in favor of this project or against it?

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I'm totally against it.

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Okay, is there anything that you can add that wasn't said?

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we are we have been at all our meetings wanted to be a regular two apartments in that building

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now we didn't talk about it but that garage they can use for trash storage and not have with all

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these trucks parked all over the street in front of people's homes in front of the sidewalks you

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know all kinds of stuff like that's happening people can't see when they come out of the driveway

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people can't see when they come out of

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Sydenham Street

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Williams thank you for taking

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the time we appreciate your point of

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view

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is there anyone else in the virtual

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audience yes chair

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C.L. Morton has a hand up

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I could you state your name

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please and spell for the courts

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yes Cynthia Morton

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C-Y-N-T-H-I-A

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M-O-R-T-O-N

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do you swear or affirm to tell the truth the whole truth

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nothing but the truth i do uh are you a neighbor i am uh not a near neighbor but in the vicinity

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okay are you for this project or against it totally against it okay is there anything you

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could offer that hasn't already been said mostly everything's been said i would like to say that

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um as far as rcos are concerned um aca we do have participation where the other rco doesn't and

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I know, but we met and we vehemently opposed it.

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Okay. Thank you. But I think as you're aware,

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the Oakland and Worcester Association is for it.

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Okay?

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I do.

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Thank you very much for taking the time.

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Is there anyone else in the virtual audience?

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Yes, Chair. Kimberly Johnson has returned.

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Hi, Ms. Johnson. Could you please state your name?

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Ms. Johnson?

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Is there anyone else in the virtual audience besides Ms. Johnson?

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Yes, three more hands. Jennifer Bailey is next.

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

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Jennifer Bailey, J-E-N-N-I-F-E-R, last name Bailey, B-A-I-L-E-Y.

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You swear for him to tell the truth, the whole truth, and nothing but the truth?

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Yes.

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Are you a neighbor?

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Yes, I am.

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All right. Are you in favor of this project or against it?

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I am against it.

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Okay. Is there anything you can add that hasn't already been said?

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I will say in reference to the parking in the back passage of the drive-thru, there is a lot of debris.

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The owner, we were told that the garage would not, the owner was kicked out.

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He was no longer there. That is not true. He was there on Monday. And this gentleman is selling things out of the garage in terms of flooring, toilets, bathroom stuff.

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And he has deliveries coming as well, which is parking on the sidewalk and delivering tons of pallet of flooring and so forth out of there.

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I have, as well as my 80-year-old father, has been down there to clean up nails, debris, glass, everything by that house when that gentleman comes out there and sells things.

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And that's a problem because I frequently drive down that drive onto Alany Avenue.

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And a lot of times I can't get past because of that truck.

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The neighbors there at the end cannot even get out their parking spot because of the truck being there.

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And we have said something to them, but it will get to a point, and I do not want it to get to that point, where violence has to be given because of this issue.

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All right. Well, thank you for taking the time. We understand your position.

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All right. Well, thank you for taking the time. We understand your position.

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Thank you.

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Thank you.

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Is there anyone else in the virtual audience?

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Yes, Sherry Cohen.

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

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Yes, my name is Sherry Cohen, S-H-E-R-R-I-E.

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And if I remember correctly, I already swore you in this morning, right?

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I believe so.

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Are you a neighbor?

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Yes.

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I am. Please proceed. Are you for or against this project?

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I'm against the project, as stated, because we cannot absorb the number of people we already have living in the area.

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The fact that there's already multifamily homes does not mean that we need another multifamily home.

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And we, as a community, voted the other night at our community meeting, attended by a dozen people at the ACCA meeting.

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We voted in favor of a two-family dwelling instead of a three-family dwelling.

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Because if you look at the photographs provided by ACCA, you'll see the saturation of vehicles right on that corner and on Sydenham.

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And we already have, you know, you know, an oversaturated neighborhood in terms of people and cars.

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And we've already but we've already had that testimony.

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And we we know that you're against the project, but you're saying you'd be in favor of a two to duplex.

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So, yes, yes, yes. Thank you for taking the time to call us.

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We do appreciate it. Is there anyone else in the virtual audience?

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yes Kimberly Johnson

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Ms. Johnson

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could you state your name please

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we've tried to get her in several times

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we have not got her in

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is there anyone else

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no more hands here

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thank you

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planning commission

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thank you Chair Bergman

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and good afternoon David Fechtow

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with the city planning commission

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the comprehensive plan recommends no change

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to the residential single family zoning at this location this property has a documented history

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as a dwelling unit with ground floor commercial space the appellant requests permission to convert

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the commercial space into a third residential unit staff has found no documentation for three

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units in the zoning archives the city planning commission recommends that the board grant the

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proposed use variants with a limit to two dwelling units thank you um mr bovay do you have any

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comments yes um again i i think we have one of the um rare instances where you have a hardship

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for a use again but what i showed the board earlier was an attempt over 20 years ago to put

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in commercial space and and that never went anywhere right because the building as you can

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see by its configuration was did have commercial activity at one point in time but now uh in order

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to get commercial activity i don't know what that is can somebody mute right in order to get that

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commercial activity we will have to have a variance in order to have this to continue with

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this residential activity we still need a variance so i think because we're caught in

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Between and in between, we do have a used hardship.

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Second, right, I want to address the fact that there was testimony about the activity that it will affect this corridor and that the activity will be in conflict with this corridor.

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I think the board should understand the practicality of commercial activity that they're claiming is taking place there because of these accessory garages versus that activity stopping.

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You'll have a three bedroom apartment upstairs, two one bedrooms, accessory parking, no heightened activity.

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whatsoever so so i think i i think their concerns are a little bit disingenuous because

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of my third point and and and it centers around mr richardson's and

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sydney bass's chief of staff what he said earlier they are this concerned group of of citizens i

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don't even know if i pronounced their name right but they are livid that they weren't chosen to be

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the coordinating RCO.

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And because they are

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livid, I'm submitting to the board

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that they just want to

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that they just want to go against this project just to show their proudness or it's uh it's a

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go against this project just

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to show their proud...

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power grab so with all of that said i i i rest my case all right so mi 2022 005082 5600 north

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sydenham street i vote yes with proviso accessory garage and rear for tenants only

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Thomas Holloman my vote is yes with proviso James Snell my vote is yes with proviso

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Mr. Beauvais you have your three votes yes thank you Mr. Chairman thank you we're moving to number

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11 MI 2023-002-936-1437 Pashonk Avenue. Sean Whalen is the attorney.

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Recommendation of support from East Point Breeze neighbors.

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And also we've received a letter of support from a neighbor who lives on that block.

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Mr. Whalen.

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Sean Whalen has been promoted to panelist.

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Good afternoon, Chairman.

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Mr. Whalen, how are you, sir?

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Could you state your name for the record and spell for the court stenographer?

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Of course.

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Sean Whalen, W-H-A-L-E-N.

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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, I do.

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Could you identify your client and relationship to the property?

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