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Hearing video

ZBA Hearing - December 4, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Dec 4, 20246h 44m

Affirm to tell the truth, the whole truth, and nothing but the truth.

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Yes, I do.

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Please proceed, counsel.

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Thank you very much, Chairman. Mr. D'Onofrio, you're here today as one of the owners of the property, correct?

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Yes.

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And you currently live at the house with your wife?

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Yes, correct.

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Correct. And did you hear all of the presentation I already provided?

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And did you hear all of the presentation I already provided?

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Yes.

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Yes.

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And do you believe it to be true and correct to the best of your knowledge, information, and belief?

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And do you believe?

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Yes.

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And would you adopt that as your own testimony?

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Yes.

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And is there anything else that's not duplicative that you believe is pertinent for this board to hear today?

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I think you summed it up pretty well.

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It's just my wife and I, we've been living in Fishtown for almost a decade, but we landed up this spot because it was perfect for both our business and our life.

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And as you mentioned, we're trying to start a family in this space, being able to accommodate both that and our business would just be able to cement us in this neighborhood and community.

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So it's something we're really hoping we can make work.

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All right. Thank you very much, Mr. D'Onofrio.

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With that, Chair, I would simply say that we satisfy all the criteria for a variance.

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I've already walked through it, but to be explicit, there is a unique hardship here, which is this double-height front garage, which is used as a commercial artist studio that is actually by right under the current CMX2 zoning.

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simply because of that unique circumstance, which my clients did not create in order to put the

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additional third floor living area at this property, which again is only 400 square feet

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going on the frontage here. That creates that unique hardship that they need to overcome.

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This is the least minimum variance in that we tried to squeeze the ceiling heights as much as

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possible. And we're not building out an entire third floor all the way to the front facade

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and to the rear of the property. It tried to be a considerate and smaller design that would afford

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the owners here the living space they need in order to stay in the space while also

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maintaining this as a commercial use under the zoning. And yeah, there will be no detrimental

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impact. I think that's fairly clear from the 36 to 2 vote in support and letter of support provided

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by FNA. But in addition, we actually are reducing the height that will impact any properties to the

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rear because that roof deck that is kind of awkwardly already set up two and a half feet

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above the roof line will be dropped to the roof and pulled back from the rear roof. And the addition

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will be pulled back from, you know, both the front facade and the side party line.

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So with that, I would rest and answer any questions the chairman or the board may have.

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Questions from the board.

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Yes, did you have a rendering of, and you may have shown it, I mean, I missed it,

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of what the third level edition would look like?

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I can pull that up.

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okay so this is right here what is existing you can see that roof deck is about two and a half

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feet up and you can see the existing pilot house on the right and then this is what is being

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proposed so the entire front facade will stay the same we are seeking no parapet so we will be

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approximately our roof line will be approximately six inches that you see right here will be

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approximately six inches higher than the property next to us and um you have you know the balcony

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in the rear and then this height right here will be the same height as the existing pilot house

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and we'll simply add sort of a 400 square foot uh single additional room to allow for that living

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space thank you the questions from the board

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questions or comments from our attorney

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Hillary Emerson

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not at this time Mr. Chair

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questions or comments from the virtual audience

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planning commission

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Amy Ford with the planning commission

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the comprehensive plan recommends no change in zoning

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at this location from the existing commercial mixed use

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CMX2. The requested

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variance for maximum height is subminimus.

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The Planning Commission

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recommends that the Board grant the requested

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variance for maximum height.

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MI 2024

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005 751

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2316 East

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Cabot Street, I vote yes.

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My vote is yes.

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Carol Gaston, my vote is yes.

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Tynetta Graham, my vote is yes.

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Pioin, my vote is yes.

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Thank you, Counsel.

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Thank you, board.

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Number 12.

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MI 2024-005-786-3220 North Carlisle Street.

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MI 2024-005-786.

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Alan Nockamson is the attorney.

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There's a letter of unanimous support from the Nicetown-Tioga Improvement Team.

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An applicant also has supplied 17 signatures, 16 of which are from the block.

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Mr. Nockamson.

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Sure. Mr. Nockmson, just state your name for the record. You've already been sworn.

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Alan Nockmson.

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And Mr. Nockmson, could you identify your client, a relationship to this property?

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Yes, my client is Jamise Smith.

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

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Yes, I do.

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Please share your screen and start your presentation, sir.

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All right, so I'm here to present 3220 North Carlisle Street.

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This is a property which has been a duplex as far as I can see on the Internet.

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So we have a lot of evidence to that effect.

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Also, it was marketed as a duplex to my client, who, you know, after the fact, when she tried to rent a license, realized that was not the case.

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So first thing we'll do is review the notice of refusal.

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This is an RSA 5 property.

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But, you know, again, everything that, you know, is inside and out shows that this was has been a duplex for the longest period of time.

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We have a letter of support from the Nice Town Tioga Improvement Team.

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that was unanimous support at a well-attended community meeting we have a petition of nearby

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neighbors including uh 3218 north carlisle 3221 north carlisle and 3223 north carlisle or all in

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support we have the mls listing which shows on multiple occasions in the listing um advertising

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it as a two-family dwelling and if you when we look at the pictures you'll see that anyone else

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would think is a two-family dwelling given three electric meters and two hot water heaters, two

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mailboxes, and two units. Again, my client just wants to legalize this use. Not out of character

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to have multifamily here. You'll see we're near RM1, but there's also a multitude of properties

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that are RSA5 close by, which are also multiple units in them. We'll review the maps of the area,

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photographs of the property the interior of the property again my client's not trying to change

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the building structure in any way increase the density in any way uh increase uh change

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the configuration inside the property she's just trying to legalize this uh we have simple plans

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and drawings based on you know what she you know drew out for us we created something that's a

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little you know more discernible to the board again they're not to scale it's just our office

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trying to help illustrate what, you know, is there right now. Our RCO meeting notice, again,

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we met with the community and we received unanimous support or application for appeal on behalf of

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Jamees, that we filed on behalf of Jamees, the deeds of property showing that she owns the

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property and the certificate of tax clearance. And then I would ask her after I complete my

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presentation for her to virtually raise her hand and be sworn in. So a notice of refusal,

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This is an RSA 5 property. We don't contest that. We're just asking to legalize this two-family use. We met with the community, then a support petition, which includes three addresses, you know, within a few feet of our property.

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But again, we kept to Carlisle Street so that you can see that all these addresses or most of these addresses, actually all these addresses are on this 100 block of Carlisle Street.

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MLS listing, as you can see here, it says type of property, it says duplex, says the amount of units to building unit type to a lot of this.

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I believe some of this information would be gleamed off of the public record.

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I'm not 100% sure, but I think some of this where the MLS is automatically populated.

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So I don't know if there's an issue with the file at L&I, but at least it was advertised my client as two units.

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And the narrative even says that turnkey duplex right down the street from Temple Med.

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Each unit is two plus one, which is exactly what we're seeking to do here.

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which is exactly what we're seeking to do here um again now of character to have rsa5 properties

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Again, I'm going to go back to the next slide, and I'm going to go back to the next slide

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as multi-family buildings here's our property in north carlisle there are multiple

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instances on this block as well as behind us on 15th street as well as on west allegheny

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which are also multi-family in nature and this is just the backup data for that that we took off

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of L&I's website.

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Then maps of the area, again,

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actually I mistakenly stated that we are RSA 5.

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We're next to RSA 3, but we're also next to RM1, CMX 3,

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as well as RM1. So there's a hodgepodge of zoning classifications

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nearby. Again, not too far

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off from, you know, where Temple

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hospital is. We have ample public transportation. Photographs of the property. Here's our

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hearing notice poster that we posted at least 21 days before today's hearing.

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This property, and you can't see it here, but if you kind of zoom in, it shows two mailboxes

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as late as 2012 for this property. And then here's our hearing notice poster again.

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North Carolina to the right of the property, to the left of the property.

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Here we just took a picture right off of the building, which shows three meters,

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which typically means one for each unit and one for the common area.

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Also in the basement, you can see there are two hot water heaters, one for each unit.

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Interior of the property, showing the multiple units.

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our architectural plans and drawings again not to scale not trying to say we're an architect

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so if they're not to scale i do apologize but if you go onto the front porch you go through the

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front door there's a vestibule area you make a left there's an open floor plan of a kitchen

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and living room there's a full bath here there's one bedroom here and there's another bedroom here

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Instead of going to the left, you go up a flight of steps.

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You go to the second floor.

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You have, again, a living room, an enclosed kitchen, a full bath, and two bedrooms, one facing each side of the building.

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Again, we're not changing this property physically at all.

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Our RCO meeting notice we met with the community on November 19th at 6 p.m.

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We emailed the notice that went out to the community.

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We always do this two weeks beforehand just to show them that, you know, here's the community meeting notice we sent out.

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And then we show them proof of mailing in that notice that we sent to 94 addresses.

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These are the addresses we sent it to.

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Proof of mailing to those addresses.

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Our application for appeal that we filed.

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One of the notice of refusal and the project information form.

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The deeds of the property showing that we represent Jamise.

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and she recently purchased a property

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and she's been focused on trying to legalize

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that since

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and then a certificate of tax clearance

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so I know no taxes are owed

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I would ask that

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Ms. Smith virtually

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raise her hand and she could be

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sworn in

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Ms. Smith

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has been admitted and allowed to

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Ms. Smith could you please

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state your name and spell for the court sonographer

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Jamee Smith

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J-A-M

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E-S-E-S-M-I-T-H.

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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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Please proceed, counsel.

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Yes, Ms. Smith, you heard everything I had to state today about your zoning matter.

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Yes.

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Is it true and correct?

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Yes.

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And do you adopt as your own testimony?

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Yes.

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Thank you.

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Questions from the board.

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What was the vote for the RCO?

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5-0.

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That was only five people attended?

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Yes, five people attended.

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What about the next door neighbors?

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Were they...

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We have a support from

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3218.

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I think we also have 3216.

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We did not get 3222.

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Other questions from the board?

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Questions or comments from our attorney?

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Hillary Amberson.

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Not at this time, Mr. Chair.

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