civus
Hearing video

ZBA Hearing - February 2, 2022

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

It's adjoining to this building on the left, which is a separate structure fronting on Oxford.

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And this vacant lot to the right in the photo is also a separate property, separate from this.

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So we're just talking about this single-story structure.

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And then there's the inside of the garage, pretty straightforward.

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He's got his Lyft in there, and he services cars there.

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This is the signage we posted, zoning notice.

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And this is the letter of support from Brewery Town Shoreswood Community Association that we met with.

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um and they just asked that no vehicles on the sidewalk obstructing the pedestrian walkway which

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is not something we were doing and not something we will do that's not a problem at all

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to add that in and here's the support and the vote count um so i think it's pretty straightforward

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that you know ongoing use of a of a existing long existing uh auto garage at this address

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seeking a variance

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to continue that use

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with the support of the RCO

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and if I may

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Mr. Johnson

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be elevated

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and escalated to adopt

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my testimony and

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see if there's any other questions from the board

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he told me he was on his phone

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and I explained to

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hit star 9 to raise his hand

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I think is that the way they do it

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the client's name Mr. Johnson yes yes Keith Johnson he's on a spell

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you can unmute yourself and wait for the chair thank you

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Mr. Johnson could you state your name and spell for the court reporter

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keith johnson k-e-i-t-h-j-o-h-n-s-o-n right do you swear affirm to tell the truth the whole

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truth and nothing but the truth yes i do thank you mr johnson were you able to hear the testimony

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i offered today to the board yes and was it correct and accurate and would you adopt it as

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your own yes thank you sir mr chair that's that's the presentation we're just asking for variance

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questions from the board no mr chair no mr chairman from the virtual

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i see bill he is at this time chair planning commission

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planning commission ron betnar city planning this property is indicated for residential

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use on the city plan our adopted district plan recommends no change to the existing

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residential multi-family zoning dislocation the applicant's hardship is not supported with

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evidence of unique physical circumstances or conditions of the property that would prevent

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it from being used in conformity with the code this part of brewery town is trending residential

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with at least 14 row houses built within the last several years within 200 feet of this site

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an auto repair shop is incompatible with the surrounding development use pattern

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Therefore, we recommend the Quest for Variance to not be granted.

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If I may, just briefly, if I'm still sharing my screen,

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this end of the block towards Oxford is actually more industrial in nature.

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That's the rear of a large project with this access,

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and this is a large electrical liquidator.

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electrical liquidator um so uh and this is that large uh lot next door to this property so

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um the fact that this garage has been in existence for uh over over two decades from what i can tell

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is a bit of a hardship in that uh mr johnson would have to knock down his garage and build

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residential to comply with the code thank you for that okay mi 2021 002904 1535 north stillman street

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um i vote yes and council parking on a payment is not an enforceable proviso am i right

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I'm here, sorry. I was trying to get to my unmute button.

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Okay, good. So it's just I vote yes, period.

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My vote is yes.

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Thomas Holloman, my vote is yes.

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James Snell, my vote is yes.

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ishmael shaheed my vote is yes as well mi 2021 zero zero three seven six three

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2402 north marston street darlene threat

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rco on north penn community action community meeting zero to eight opposed

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chair miss three is coming back in now as a panelist

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Ms. Treek, could you state your name, please, and spell for the court reporter?

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commissioner can you hear me yeah i i hear you i hear you now you were you're muted could you

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state your name and spell for the court reporter please sure darlene three darlene three and

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Associates, LLC, D-A-R-L-E-N-E, T as in Thomas, H-R-E-A-T-T as in Thomas.

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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 few questions.

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Hi, Ms. Thurich.

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

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Yes, I do.

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It appears that you've submitted all the required documents.

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Is that correct?

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Yes, it is.

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you may proceed. Thank you. Thank you.

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Can you see my screen? Yes. Thank you.

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Sorry about that.

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Here we go.

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My screen seems to be frozen.

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it's moving slow

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commissioners uh i submitted a presentation a package which can uh has several exhibits the

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first i won't go over them all but the first one is the refusal uh we were refused um because this

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is the rsa 5 zoning district district and the rsa 5 zoning district only allows for a single family

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Our application is to legalize an existing multifamily dwelling. It is currently a two-family dwelling.

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Commissioners, I'm going to scan down very quickly. I'm going to start off with the pictures.

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I'd like you to take a look at the structure. This is the two-family dwelling that we like to

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use as a two-family dwelling. I'd like you to note by looking at the picture how there are,

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This is 2402 Marston.

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We probably have about three or four parcels to this side, which are vacant.

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We have three or four parcels to this side, which is also vacant.

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I just want to show you a bevy of pictures so you can understand how this is a very unpopulated housing block.

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You can see this area is fenced, and over here also, it's just vacant lots.

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You can see this area is fenced, and over here also, it's just a vacant lot.

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I'm going to scan down a little to additional pictures.

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You can see on the same side of this block here, there's another four or five vacant parcels.

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There has been no new construction on this block.

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I confirmed it with a near neighbor who I actually have a letter from for at least 10 years.

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There are many, many, many missing houses on this block. Here's another large parcel across

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the street. It has to be maybe six or eight units that were previous there that were knocked down

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and never redeveloped. I'm just going to scan down a little more and show you some additional areas

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of the block. Here we go again further down on the same side of the street here where you have a large

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empty vacant lot here. This is a block that hasn't had any new development in many many years. I'm

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going to show you an overhead picture of the block so you can see all the vacancies, all the

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empty lots on the block. This is actually my client structure here. You can see empty lots,

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empty lots, empty lots, huge empty lots, empty lots, huge empty lots here on this block.

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This block is uniquely filled with just mainly two family dwellings. There hasn't been any new

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construction for a three family dwelling or a new house in this area in many, many

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many, many years. And I would submit to the board here is the area is really no longer

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suitable for single family houses here, which is why there are no two-story single family

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houses which have been built here in many, many years. Mr. Coulter purchased this property

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in 2019, he indicated to me that it was already set out as a two-family dwelling, and he finished

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the completion of a two-family dwelling, and he rented it out to either students or individuals

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in the neighborhood at what we call lower than market rate. There are two one-bedroom apartments

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in here, and they rent for $750 and $850, which we all know is out of the range in these areas

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these days, which effectively means that persons in the neighborhood can't really live in the newer

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developments in the area. I'm going to scan down to the plan now, and I'm just going to reduce it

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a little so you can see the whole plan. But as you can see, it's a very simple structure.

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It's just a two-story dwelling. We didn't try to put a third story on it that if we had a setback,

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of course we could do as a matter of right. We didn't try to jam many bedrooms in here

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or many people in here. The rear of the property has a deck and this is just the site plan for the

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property as it exists currently. If I scroll down a little further, I'd like to just show you the

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floor plan. It's a very, very simple floor plan here. No use of the basement, just utility zone.

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The first floor is a simple, nice size between about 450, 480.

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It's just a one bedroom apartment, a one bathroom apartment, which allows a single person from this community to still stay a part of this community.

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The second floor is pretty much a similar layout.

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You have the one bedroom in the back. You have the bathroom. You have the living room, a kitchen area here.

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um there weren't many many um residents on this block but we did circulate a petition and

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I'm gonna just slow it up a little bit there are only two houses near this property one is

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adjacent to it which is 24 08 Marston and one is across the street which is 24

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17 Marston those are the only two houses that are near this property and neither of the uh

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residents there have a problem with the use of the property or how the property has been used.

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We did notice the neighborhood. We did have a community meeting. Again, we attended the

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community meeting. And here is the, of course, the certificate of mailing for that meeting.

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I also just wanted to show you an additional piece of information that wasn't in my package.

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I actually did canvass the neighborhood, and I did talk to some of the neighbors.

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In particular, I spoke to Ms. Joyce Weathers, who really gave me...

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In particular, I spoke to Ms. Joyce Weathers, who really gave me some background on the community.

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She said she lived in the area for 30 years, that that property that Mr. Coulter renovated had been an ISO in the community for 10 years or more.

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Her letter also indicates there's been no new development on that block in the 15 years, in at least the past 15 years.

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She did indicate that some houses have been renovated and that there were illegal two-family dwellings in this block.

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Commissioners, I would submit to you, Mr. Coulter came to the board on his own.

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He didn't have any violations.

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He's not trying to put 10 pounds of sugar in a five-pound bag.

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He's only asking for one additional unit.

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And with that, Mr. Coulter, I'm sure, is on the line and can answer any questions.

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And I'd be more than happy to answer any questions about the project and or the plan.

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Mr. Coulter, if you're on the line, please raise your virtual hand.

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Mr. Coulter you can unmute yourself and wait for the chair

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Mr. Coulter could you state your name and spell for the court reporter

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first name William last name Coulter C-O-U-L-T-E-R right Mr. Coulter I'm sorry do you swear

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to tell the truth the whole truth and nothing but the truth yes Mr. Coulter have you heard

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my testimony as I presented it here today? Yes. Do you consider it to be true? Yes. Mr. Coulter,

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are you actually from this neighborhood? Yes. And what was your purpose and point in buying

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the property and developing it? A lot of these neighborhoods are being redeveloped and gentrified

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and a lot of people in the neighborhoods are being priced out of the neighborhoods.

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So I wanted to provide a place where people have the chance to stay in the neighborhood, not be priced out, and still be a part of the new regentrification that's going on in the neighborhood.

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And Mr. Colter, did you have an opportunity to talk to your near neighbors of 2402 North Marston?

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Yes.

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And did they all support your project?

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Yes, they did.

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They was actually very happy that somebody came into the neighborhood and was helping fix it up.

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And as a result, a lot of them actually started also fixing their properties up, which they were going to do, but, you know, just gave them a little incentive to move a little faster.

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Thank you, Mr. Colton.

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Board, I have no additional information and more than happy to answer any questions that you may have at this time.

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Thank you.

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Questions from the board.

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Yes, Mr. Chairman.

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Councilor, do you have any comments on why the RCA voted zero and eight opposed?

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Yes, I do. I really do.

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In these neighborhoods, and I go to the neighborhoods now all over the city with these RSA 5 designation and the community,

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Some of them insist on all the new development or the redevelopment being single-family residences.

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As I stated earlier, it's like an old thought.

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They think the neighborhood's really going to come back, that it's just going to be a single-family neighborhood.

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But if you look at the actual facts, you look at the pictures, you look at the circumstances of development on Marston Street, there is no new development.

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There hasn't been any new development, and nobody's building new houses.

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there has to be 20 vacant plots or more on that block. And most of the houses that no longer

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exist there were in such disrepair that they were actually demolished and they haven't been

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replaced. So just as a community thought, they're used to the single families. They want the single

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families to return. And it was a matter of principle, not necessarily our particular

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development. Our development is a good development. It's the shining star on the block. It's a

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well-maintained, and it's encouraged others on that particular block to spruce up and maybe put

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out planters, et cetera, as my client did when he developed that. It was the community's thought

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that they just want single family or nothing, and that's why they were proposed.

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Thank you.

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Other questions from the board?

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No, Mr. Chairman.

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Questions or comments from the virtual audience?

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Chair, we have someone by the name of Odessa Tate.

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Chair, we have someone by the name of Odessa Tate.

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

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Ms. Tate, you can unmute yourself.

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Hi, Ms. Tate.

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Ms. Tate, could you state your name and spell it for the court reporter, please?

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Ms. Tate, unmute yourself, please.

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Hi, could you state your name, please?

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Ms. Tate, do you have a mute button on your device?

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There you go.

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She's ready for you, Chair.

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Sure.

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State your name, please, and spell it for the court reporter.

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hello

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