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Hearing video

ZBA Hearing - March 9, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Mar 9, 20224h 56m

last year. We met with the RCO. There was a significant vote to not oppose. There's our

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elevations. And so my client, Mario Tropea, there's our proof of mailing. My client, Mario Tropea,

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is having trouble logging in today. I wonder if Mr. Mattia can raise his hand virtually and just

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adopt my testimony as his own. We have a letter from the councilman, and that would be basically

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my presentation. So, Mr. Mattia, can you virtually raise your hand? Or Mr. Tropea, whoever's here.

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Mr. DeMarco, what is Mr. Mattia's first name?

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Anthony.

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Okay, that's him. Mr. Mattia, you can unmute yourself and wait for the chair.

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Good morning, sir. Could you state your name and spell for the court reporter?

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Anthony, M-A-T-T-I-A.

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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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Mr. Matia, did you hear my factual testimony? Is it true and accurate, and you adopted it as your own testimony today?

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Correct.

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Mr. Chairman, that's all I have. I don't believe we have opposition, so I believe I can be brief.

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but you know obviously the hardship would be that if we were not to get these variances the existing

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structure would be non-compliant would have to do significant demolition and it would not match the

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existing structure next door which this approved this board approved identical variances to use

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thank you that's all i have mr demarco this is a single family home yes okay questions from the

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board no mr chairman no no mr jim questions from the virtual audience or statements

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i see no hands at this time chair planning commission

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I see no hands at this time, Chair.

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Planning Commission.

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Morning, Chair Bergman.

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Ian Hegarty for the Philadelphia City Planning Commission.

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Last name H-E-G-A-R-T-Y.

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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, sir, I do.

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Proceed.

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Thank you.

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Members of the Board, the comprehensive plan recommends no change to the CMX1 zoning of this site.

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um or the proposed dimensional variances are consistent with the lot coverage and rear yard

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depths of um corner properties in the surrounding neighborhood city planning commission recommends

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that the board grant these variances thank you mi 2021 004519 1145 tasker street i vote yes

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harold tenary my vote is yes thomas holloman my vote is yes james snell my vote is yes

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my vote is yes thank you for your time mr chair members of the board have a good afternoon and

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welcome to my friend sherman toppin welcome to the zoning board thank you thank you hey buddy thank

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you number five mi 2021 004 512 1713 south 18th street no rco letter as of yet

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Attorney Michael McElhenney.

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Chair, Mr. McElhenney is coming back in as a panelist now.

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Morning, Mr. McElhenney.

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

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Good morning. Michael McElhenney, M-I-C-H-A-E-L. McElhenney, M-C, capital I-L-H-I-N-N-E-Y.

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

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I do.

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The vice chair has a few questions.

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Mr. McElhenney, do you agree to wave the reading of the refusal and stipulate to its accuracy?

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We do.

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

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That is correct. I would add that we did have trouble getting a tax clearance, but I did provide a proof of all tax compliance with taxes.

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Thank you. You may proceed.

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And may I share my screen?

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Absolutely.

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Again, Michael McElhenney here on behalf of the owner of 1713 South 18th Street, Miss Cecilia Lindler, L-I-N-D-L-E-R.

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The application is for the, an addition to an existing three-story structure, and for use as the property as a three, for three dwelling units.

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The property itself is zoned RSA 5, and that has generated one refusal, which is the use refusal, as multifamily is not permitted by right.

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The. Looking at exhibit three of the pre marked exhibits, and I shouldn't should mention, we did notice meet with the Point Breeze Community Development Coalition.

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We did have I noted that the board did not receive a letter, neither did I.

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I have requested it again this morning. It was a overwhelming in support.

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there was only one person that voiced concerns at the meeting, so I do expect a letter of support

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to be submitted shortly. The property was posted with the zoning notices in advance of today's

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meeting and the community meeting. To orient the board, I do have at Exhibit 3 the zoning map for

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the property. The property at issue is on the southeast corner of South 18th Street at Watkins

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Street. The property is zoned RSA 5. The property to the south of us is a commercial mixed-use

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property, CMX 1. The property at the other end of the block at the northeast corner at

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Morris Street is also a CMX 1 property. And further to the north is a large RM1 property,

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which is a school. At Exhibit 5 is the current photograph of the current condition of the

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property. This property is a three-story structure. It does need extensive renovation and structural

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repairs. Looking at the property on page two of the same exhibit, it is a three-story building,

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and this is the view from Watkin Street. Our request, and I'll show on the zoning plan,

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is to extend the third floor back to the rear of the property. That's a buy-write addition,

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to the rear of the property that's a buy right addition and then to use the property for three

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and then to use the property for three families.

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family dwelling turning the page four to give context to the other properties on the block

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looking to the north on the east side of the block are other three-story residential buildings

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the property next to us 1711 is a used for two dwelling units as evidenced by the

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the two um doorbells and there's also zoning records at exhibit nine documenting the two

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family use the other properties to the north are all three-story structures and in that school i

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referenced is farther to the north the property on the same side of the block at 1705 is also a

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duplex to two dwelling units and the property on the corner was approved for three units and

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has also been used for commercial uses. The properties on the west side of the block are

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other three-story structures that have been used for single-family and multifamily uses.

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If you go to the corner of Morris Street, that's to the north, the corner property there is used

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for a four-family dwelling units. Properties across the street are single-family and multifamily.

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looking at 1726 is a triplex, which is across the street from the subject property,

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which is the use that we're requesting here. And other properties going to the south are

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other three-story structures. I will note at page 11 and 12, I just included photos of

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a deck at a property across the street because the community had asked about

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other decks on the block. And at page 12 is another deck at the corner of Morris and South

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18th Street. The subject property itself at Exhibit 6 are interior photos. This property

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is in need of substantial rehabilitation and structural repairs. Ms. Lindler, the owner,

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she purchased this property in 1980. And that's at exhibit 13. She and her family have lived there

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up until 2019. And in 2019, the family suffered a devastating fire at the third floor level.

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And looking at page four, this is the current condition of the third floor. The roof

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is partially missing. It has to be taken down, replaced along with all the joists on the roof

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level and the third floor level, and structural repairs to the walls itself. And her goal is to

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keep this property in her family, to renovate it, and to keep it as a three-family dwelling.

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The family had no insurance, so this property has sat since 2019 as the family developed a plan

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to try to save this property and keep it in the family for their generational wealth

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and to pass it down to their Miss Cecilia's heirs.

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The zoning plan, let me shrink this, is at Exhibit 7.

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And as you see, it's an existing structure.

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It shows that it's an 18-foot wide property by 66 feet deep,

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which is quite sizable for the Point Breast section of Philadelphia

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and a lot of Philadelphia.

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you. The addition is not going to be 100% addition at the rear. There is a recessed roof deck balcony

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approximately nine feet by nine feet that will be an open air balcony. And if I can go to

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page two of exhibit seven, the plan is to extend that third floor. And what we'll be left with is

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a interior recessed balcony to create light and air and open space for that third floor unit

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that'll be at the third floor level the property will have all the units will have access to the

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rear yard through a rear stair tower which will be on the this the back of the property the rear

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of the property and i'll go through the floor plans next let me see if i can drag this over

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and one of the things that the neighborhood did request and mention and we did add is to make

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sure we have lighting on the front of the building and on the sides of the building

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on walk-in street and to put some security cameras in as part of the redevelopment which

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that is part of the plan not a zoning issue but that is what the community requested and

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we will be doing that

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the floor plans are at exhibit eight and the plan calls for basically three dwelling units

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one on each for the floor the first floor second floor and third floor the basement will really

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just be used for storage for the units. The first floor floor plan, all the units will be able to enter from

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So the first floor floor plan, all the units will be able to enter from South 18th Street. And they'll also have a separate entrance from the side on Watkin Street. So the first floor unit ends up as a one bedroom, one bath unit, a full living room, kitchen, dining room, in unit washer dryer, and a bedroom at the rear.

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Again, there's access to the rear stair tower that will serve all three floors and access to the rear of the property where we'll accommodate trash storage for all of the units that it doesn't have to be in the units to store the trash.

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It does exit into Watkins Street and also has access to a rear alley to allow for the trash to be taken out when and if necessary on trash day.

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The second floor unit is a two-bedroom, one-bath unit. Again, the same entry, stairs from the front, and also accessible from the rear stair tower. We end up with a full two-bedroom, one-bath, full living room, dining room, kitchen, and in-unit washer dryer.

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And the third floor unit is similar, but with that outdoor roof deck space at the third floor level on top of the second floor.

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So we have two bedrooms, full living room, kitchen, dining room, bath, and that outdoor nine foot by nine foot open air section at the rear.

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the as i previously mentioned going through the block photos there are numerous other multi-families

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family properties on this block of south 17th street on the 1700 block i went through those

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photos but i did do a summary and include the zoning records for the neighboring properties

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that have multi-family uses on this block and this property itself can and should be used for

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multifamily, it's a hardship to use it as a single family in light of the tragic fire,

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no insurance, and other multifamilies that we abut and on the same side of the block

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of South 17th Street. My client and her family did canvas the neighborhood prior to the zoning

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meetings and prior even starting this process to get feedback from the neighbors. And we did

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submit a petition just of neighbors that were in support of the request. And that's a four-page

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document five page document that we submitted as part of the RCO meeting.

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And we included exhibit 10 to today's package.

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And with that, members of the board, it is our request that the board approve the request

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for the multifamily use at the subject property in light of the condition of the property

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in light of the multifamilies on this block.

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the extensive renovation that Miss Lindler and her family uh have in front of them to try to

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keep this property in their in their family for another another 40 years. So would you want to

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have your testimony adopted by the owner? I would if Miss Cecilia Lindler could raise her hand

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she is there with family members to assist her. Miss Lindler please unmute yourself and wait for

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the chair.

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Would you

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state your name and spell it for the court reporter

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please?

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Yes.

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Say your name.

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Your name. My name

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Cecilia Lillard.

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Would you spell

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that for the court reporter please?

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C-E-C-E-L-I-A.

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Right.

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Do you swear to tell the truth,

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the whole truth and nothing but the truth yes council miss Lindler did you hear the statements

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that I presented to the board this morning yes were they true and correct to the best of your

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knowledge yes and would you adopt those statements as if they were your own yes

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mr chairman i have no further questions for miss uh lindler i'm sorry this is tanya

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could we have the last name spelling please last name l-i-n-d-l-e-r lindler thank you kindly

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could could we uh questions from the board no mr chairman no mr chairman

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questions from the virtual audience

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Chair, we have Pietra Gamble with her hand up.

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

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

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Sure.

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Pietra Gamble, first name P-I-E-T-R-A, last name G-A-M-B-L-E.

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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.

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Proceed.

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I'm a member of Point Breeze Community Development Coalition, the coordinating RCO for this property.

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I'm a member of Point Breeze Community Development Coalition, the coordinating RCO for

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I just wanted to go on record saying that I will be sending a letter of support for this property.

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I haven't had a chance to write it yet.

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Thank you very much.

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We appreciate you calling in.

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You're welcome.

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Any other questions or comments from the virtual audience?

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I'm sorry, Chair.

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This is Tanya again.

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mm-hmm so only if the case remains open will we be able to um have a letter set if this case is

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voted and i know i'm not i'm not going to vote on it okay sounds good yep any other comments from

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the virtual audience i see no other hands at this time chair so so council what we're going to do

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is we're going to hold the vote and i'll also for the sake of the planning commission i'll hold until

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we have a letter fair enough mr chairman and i believe uh the councilman was possibly sending

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a letter as well so i'll so when we get the letter we'll vote and also have the planning

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commission take a position understood thank you thank you for your time so chair if we could just

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state on the record that it's closed only for those items thank you chair record is closed

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EXCEPT FOR A LETTER FROM POSSIBLY COUNSEL, PERSON, AND THE RCO.

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Okay.

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Chair Bergman, and for the Planning Commission's recommendation.

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I'm sorry.

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Yep, absolutely.

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Okay.

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MI 2021-004518, 1930 Hoffman Street.

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It doesn't appear to be an RCO letter from Point Breeze Community Development.

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Matthew Monroe, attorney.

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