civus
Hearing video

ZBA Hearing - February 2, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Feb 2, 20225h 49m

to answer any detailed questions the board may have questions from the board no mr chairman no mr

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chairman no no mr chairman questions from the virtual audience

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i see no heads at this time commission good afternoon chair bergman members of the board

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david facto city planning commission the comprehensive plan recommends this property

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for active recreation the proposal seems to be in line with that recommendation

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so the city planning commission recommends that the board grant the proposed use variances

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MI 2021-004455-9800-FRANKFORT-AVENUE, I VOTE YES.

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CAROL TENERI, MY VOTE IS YES.

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THOMAS HOLLYWOOD, MY VOTE IS YES.

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James Snell my vote is yes. Ishmael Shaheed my vote is yes. Thank you all very much have a nice

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JAMES SNELL, MY VOTE IS YES.

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ISMAEL SHAHEED, MY VOTE IS YES.

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afternoon. Thank you. Is there anyone in the audience who has had a case in the 2pm listings

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that the case wasn't heard or they're still waiting?

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I see no hands chair. Okay we're going to go right into the 3.30 meeting.

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My name is Bill Bergman, and I will be chairing this meeting of the ZBA this afternoon.

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With me is Carol Tenere, our Vice Chair.

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Present.

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Ismail Shahid, our Board Secretary.

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Here, Mr. Chair.

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Thomas Holliman, our Board Member.

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Present, Mr. Chairman.

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And James Snell, a Board Member.

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Present, Mr. Chairman.

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Our Board Administrator, Tanya Sunkit, is here, along with our Attorney, Sherman Toppin.

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Just to give you a quick overview of our virtual format, be advised that the proceedings are

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being recorded by participating to acknowledge your agreement to be recorded.

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The video will be available by contacting Tanya Sunkett at phil.gov.

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For the benefit of our court stenographer, we ask attorneys and witnesses to identify

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themselves before testifying.

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If you are participating by phone, if you wish to testify, press star 9 to raise your hand and star 6 to unmute.

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To enter an appearance statement, call 267-270-5548.

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Leave your email and address of the property in question.

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And lastly, please note the question and answer box is not for testimony or comments.

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Any comments should be directed to Tanya Sunkit, our billboard administrator.

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I'm going to go at continuances first for this listing.

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Number four, MI 2021-003748-2401 South Alder Street.

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This is a continuance request.

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Is there anybody in the audience who has any comments about that?

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I see no heads, Chair.

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That case is continued.

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Are there any other continuances in the audience?

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Chair, this is Tanya Sunkit, the Administrator.

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We received a continuous request for case number seven on the list.

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Thank you very much.

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Number seven, MI 2021-003-759.

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That is continued.

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Okay, we're now going to our add-ons.

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MI 2021-000-727-2212 North 50 A Street.

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RCO letter, non-opposition.

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Lamont Rogers, please.

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Sherry, Mr. Rogers is coming back and is a panelist now.

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Thank you.

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

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Thank you.

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Lamont Rogers, L-A-M-O-N-T-R-O-G-E-R-S.

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Right.

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

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Yes, I do.

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Our vice chair has a couple of questions for you.

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Hi, Mr. Rogers.

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It appears that you've emailed everything in, all the required documents.

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Is that correct?

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Yes.

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Thank you.

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You may proceed.

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Yes, hello?

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We're here.

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Okay.

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We're here.

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of uh 2212 north 58th street and uh would like to show you all my exhibits

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we can start with the refusal letter um the property that i purchased was a duplex but i

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would like to change it to a triplex and this is a refusal letter right

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this is my current uh tax clearance which i just received

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this is a six-page copy of my d of the property stating that i own it

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These are my architectural drawings.

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The property will be the, this is the front part of the drawing, the property will be

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The property will be the, this is the front part of the drawing.

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The property will be the exact same size and dimensions of the houses existing on 58th Street.

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And as I talked to the neighbors and everything and explained it to them,

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that everything will be the same height, the same length as all the rest of the properties on the block.

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This is the side view of the property, which I said will be the same length as the property is already on the block.

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This is a picture of the drawings of the apartments.

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The apartments are about 750 square feet.

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There are two bedrooms, one bath each.

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They all have trash compactors.

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They all have sprinkler systems.

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Um, and, um, just the drawings of it.

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Hi, Mr. Rogers.

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This is Tanya, the administrator that spoke with you last week.

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Yes.

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You are, you are quite welcome to have your architect assist you as necessary, just so

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you know, okay?

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Oh, well, can we add him?

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I thought you were doing a pretty good job

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He can explain his drawing a lot better than me

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I don't know about that

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Can we promote Adib?

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Please, thank you

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You're welcome, Mr. Rogers

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You're doing great, though

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Adib?

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Mr. Boddy should be coming back

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and it's a pan in the snail

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

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Is his hand up?

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Okay, Adeeb, try to unmute yourself.

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You ready?

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

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Yes.

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D-Mahdi, A-D-I-B, last name M-A-H-D-I.

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And I agree with the panel Lamont was doing this.

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Wait a 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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Yes, I do, Mr. Chair.

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Okay.

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So you're here to help Mr. Rogers, but he's not doing a bad job.

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Well, we've rehearsed this many, many times.

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You can take credit for it.

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That's fine.

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Thank you, Mr. Chair.

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Continue, Mr. Rogers.

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The only thing that I would add is that we're going to have a trash receptacle, a mobile trash receptacle at the rear of the property.

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Since there are no garages, as are part of the adjacent homes, we've got that space in the rear yard where we can have it.

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So each apartment dweller will have the ability to store their trash there on the outside.

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Once it's compacted, hopefully that will cut down on the size of the storage and, of course, put their trash out on trash day.

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That's it. I think he did a really good job.

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I can't think of anything I might add.

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unless the board has questions i think you should be i think you should be paying mr rogers

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i agree with you mr nary

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mr rogers are there other multiple unit buildings in your area there yes there are um we'll have

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one across the street also but yes there are multiple yes there are um triplexes and duplexes

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in the area great okay um questions from the board no mr chairman no mr chairman no mr chairman

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questions from the virtual audience chair we have a miss dukes you can unmute yourself and wait for

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the chair hi good evening hi could you state your name for us please and spell for the court reporter

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Sure, it's D-Dukes, D-E-E-D-U-K-E-S.

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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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Absolutely.

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Proceed.

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All right, so I am D. Dukes from the Winfield Community Neighborhood Association.

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We are RCO in Winfield.

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And so I have a couple of concerns. I've sent in documentation from two nearby neighbors, including myself. So I'm going to make a few comments. So the first is this case has been going on since August of 2021.

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And so I have a couple of concerns.

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I've sent in documents.

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one. The actual zoning meeting itself, the first meeting, was held one day before the actual

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hearing. So many of the nearby neighbors were not on that call. There were only one nearby neighbor

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on that call. Since that time, we've gone out as an RCO, we've gone out and we canvassed the

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neighborhood. And we spoke to about 30 nearby neighbors within the ones who were part of the

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nearby neighbor list. And not one of those nearby neighbors received notification of this refusal.

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Not one of them received that notification. They are opposed to it. Most of those nearby neighbors,

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I'm not sure what what Mr. Lamont is talking about when he says that there are most of the homes in that on that block and in that surrounding area are single family homes, which Winfield is zoned to single family.

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Also, I wanted to comment that during the actual meeting, there were three people who opposed. The additional people who were in non-opposition were not nearby neighbors.

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um well prior to um prior to the demolition and even after the demolition of of it becoming a

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parking lot there were multiple violations and complaints um for the previous owner as well as

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the current owner of the property um during the meeting Mr. Lamont mentioned that he would he may

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occupy the premises. There's no guarantee or requirement that an owner occupies. Parking is

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an issue in that area, and that was one of the main concerns that came up about parking in the

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area. We now have a lot of issues with neighbors parking on the sidewalk because there is not

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enough parking. Also, the certificate of mailing, we did not receive any documents with regard.

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All these plans here, we did not receive any of this information.

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As an RCO, we did not receive any of this information.

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So we were not able to let the neighbors know exactly what was happening.

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Even when we went out and did our canvassing, when they said they had no idea, we provided them with a copy of the refusal notice.

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So we are totally, totally not in favor of this.

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But ma'am, you wrote an original letter in favor or no opposition?

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No, that was the Winfield Residents Association, who was the coordinating RCO.

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We are.

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So what I'll say, the limiting, so the coordinating RCO had no opposition and your RCO is now against it.

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Is that what you're saying?

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No.

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So there were three in opposition with the origin, the coordinating, the coordinating RCO had three in opposition.

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Three people?

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Three people.

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three people and how many in favor um it was 14 in favor who were not nearby neighbors okay all

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right and that's the winfield residents association yes okay i'm very familiar with

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that area and that's the coordinating rco yes they were the coordinating rco uh we we were we

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were um the winfield community neighborhood association had just become an rco and had not

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received any of the documentation. We subsequently did receive documentation. And again, we went out

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and we canvassed the neighborhood door to door to see why those neighbors were not on the call.

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And they said that many of them are elderly, and then some are not. They had no knowledge

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of receiving a letter from the owners or the applicants. They did not receive the information.

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When we went out to campus, we provided them with a copy of that letter so that they would be aware of what was going on.

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Many of them had no idea what was happening with that particular property.

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So, again, there are in the immediate area right there, there are single family homes.

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There are residents who have been there for 30 plus years and they are absolutely not in favor of building a three plus.

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But, man, in that block up the street, there is a couple.

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It's not on the block where we are.

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It's not on the surrounding blocks.

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it's not on the surrounding blocks. On, I believe that's Woodcrest, you do have some,

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I believe that's Woodcrest.

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I guess it's triplexes or duplexes. But again, one of the problems is that neighbors are not

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being notified of these meetings or are unable to get on because of the access to having Zoom,

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and so their voices are not being heard. And so even though there's building there,

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they are not aware of what's actually happening until the properties are already being built.

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I thank you very much for your point of view and calling. Is there anyone else in the audience,

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virtual audience? Chair, we have someone by the name of Crystal Morris.

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Ms. Morris, you can unmute yourself and wait for the chair.

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yes I'm on mute Miss Morris could you could you state your name and spell for the court

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reporter please Crystal Morris C-R-Y-S-T-A-L-M-O-R-R-I-S right do you swear or firm to tell

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