civus
Hearing video

ZBA Hearing - March 29, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Mar 29, 20233h 52m

We're proposing to have a restaurant in the area that's on the west side.

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So this is where the restaurant is going to go.

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The site, as you can see from a picture that I provided with my exhibit package, it's currently under construction.

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So again, this is where the restaurant is going to go in.

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This restaurant is going to be part of the Scholten Collective.

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The Scholten Collective designs and operates a number of high-end restaurants in the city of Philadelphia.

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Some of the restaurants that they currently operate include Sampan, Double Knot, Harp and Crown,

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and Prunella, just to name a few, provided a copy of some of the renderings for the

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restaurant that we're proposing at this location in your exhibit package. As you can see, the

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aesthetic that Shulson is going for with this particular restaurant is going to be something

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vibrant with a lot of interesting textures a lot of different colors to catch the eye.

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There's going to be seating for 122 people inside of the restaurant as you can see from the

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floor plan that's up on my screen. Now with respect to the referral that was generated

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as part of this application as I noted before the buildings are part of a unity of use which means

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that um because of that uh unity of use we were subject to the overlays that the building fronting

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on walnut street is subject to so if the restaurant was simply going into i'm sorry

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i'm sorry if this was not part of a unity of use these buildings um weren't subject to that then

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if this was not part of a unity of use

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we actually would not need a special exception but

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again because of it we are required to seek a special exception as part of this application

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the property zone cmx4 um it's in a number of overlays including the center city overlay

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district walnut street area west which as i mentioned requires that we um seek a special

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exception as part of this application just want to note there's going to be no change to the

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building footprint of laurel uh and with respect to the operation of the restaurant it's going to

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have hours typical for other restaurants in the city so that's going to be approximately 11 a.m

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to midnight um during the week and then it will have later hours on the weekends trash is going

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to be picked up daily it will be stored within the building until it's ready for pickup but both

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pickup of trash and deliveries to the restaurant are going to be handled with a um using the loading

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dock that's part of the laurel building moving on to the um criteria for a special exception

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why we believe that we meet it the code provides that the grant of a special exception shall not

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cause detrimental impacts to the neighborhood beyond which might normally be expected from a

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proposed use. We're not going to be causing any additional congestion in the public streets or

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the transportation system, because again, we are conveniently located off of Walnut Street.

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We're very close to Rittenhouse Square, which means that there's a number of means of public

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transportation that are available to anyone going to the restaurant or coming from it.

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And again, as I noted, all loading for the restaurant is going to be handled

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or using the loading dock that's part of the Laurel, so any trash or deliveries again will

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be using the building's loading dock. The project is not going to cause any overcrowding of the land

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or impair any supply of light or air to any adjacent properties, because again we aren't

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changing the building footprint, we're just fitting a restaurant into this location.

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The project is not going to burden any of the public facilities and won't impair the use

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of adjacent conforming properties because it's instead just going to enhance and complement the

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building and also be consistent with the many other restaurant uses that exist in Rittenhouse

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Square. The project will not otherwise endanger any public health or safety. It's going to be

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consistent with the comprehensive plan. The last thing I just want to note is that we did meet with

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the affected RCO for the project, the Center City Residents Association. They did not oppose our

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request. And a copy of that letter was provided with my exhibit package. So at this time, I would

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like to call forward Mr. Brian Emmons to document testimony.

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You see a hand in the audience?

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Not at this time, Chair.

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Councilor, you're an officer of the court. We will gladly take your testimony.

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Thank you so much. Questions from the board? No, Mr. Chairman. No, Chair.

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Questions or comments from the virtual audience?

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I see no handshare. Planning Commission. So, we're on Bednar City Planning. Property is

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currently indicated for commercial mixed use on the city plan given the site's physical conditions.

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proposed use will have no more of an impact that wouldn't be expected to have given its

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specific location. Therefore, we recommend that the Board grant a special exception.

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Thank you. MI 2023-000733-1904-40 Sampson Street, I vote yes.

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I vote yes.

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Thomas Holloman, I vote yes.

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James Snell, I vote yes.

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Ishmael Shaheed, my vote is yes.

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Thank you, counsel.

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Thank you so much.

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Number six, MI 2022-001-770-5021 Aspen Street.

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Darlene Treat is the attorney.

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No RCO letter at this point.

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Ms. Treed is coming back in as a panelist chair.

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Thank you.

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Ms. Three, you have to unmute yourself.

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Yeah.

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It just unmuted.

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I apologize.

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And let me put the video on.

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Thank you.

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You've already been sworn.

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Hi.

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You've already been sworn once today.

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Just state your name for the record, please.

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Darlene Threat, 45 East City Avenue, Ballackenwood, PA, 19004.

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Could you identify your client and the relationship to the property?

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My client today is ISS Holmes, LLC, and I have a representative, Mr. Samuel East, present today.

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Okay. Our vice chair has just a few questions for you.

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Good afternoon, counsel. 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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Have you emailed all the required documents and exhibits that are required to proceed with this case five days in advance of this hearing?

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Yes, I have.

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Thank you. Please proceed and share your screen.

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Commissioners today I'm here representing 5021 Aspen Street I've submitted an exhibit

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package which contains 30 pages and 11 exhibits. I'll scroll down and show the exhibits in my

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package. Here is the refusal. We applied to actually legalize a two-family dwelling.

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We did this in early February of 2022.

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This property had been legal since 1988, and I'll show you the documents in a minute.

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For a two-family dwelling, we lost our zoning during the COVID pandemic period.

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We applied for an appeal to the board.

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Here's a copy of the appeal.

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we prepared the project information form

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we have clear taxes here's the deed which uh demonstrates that iss homes is the owner of this

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property. I did include some leases that I'll just scroll past. The property is currently vacant

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for renovations. I just wanted to show you a little bit of the zoning history here.

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You'll see back in 1988, this property did go before the board.

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It was a single family.

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It was approved for a two-family dwelling, and it has been in use as a two-family dwelling since that point in time.

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I have some other zoning information just to show that the property has been used as a two-family dwelling for some time, which I won't go over each document.

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Commissioners, here are the plans for the property.

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This is just the site plan.

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You can see it's a two-family dwelling.

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It's not very large, and it sits on a block with mainly two-family and single-family dwellings.

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Here is the floor plan.

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It's very simple. There's no basement use. There are utilities in the basement.

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We have a first floor apartment, approximately 500 square feet.

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We have a living room, kitchen, dining area, and the bedroom.

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And there's the bathroom over there.

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The second floor, the layout is almost identical to the first floor.

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Here's a picture of the property and the posting on this particular block.

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The trash is stored in the front of the properties and taken out by the Philadelphia Sanitation Department on trash day.

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by the Philadelphia Sanitation Department on Trash Day.

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We have a contract with them.

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We participate in that program.

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Here's a copy of the,

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we met with the Civic Association on two occasions.

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Here's the copy, I believe, of the second posting.

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That's the first posting.

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That's just a view of the street,

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how the,

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Houses on the street appear.

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Doesn't appear to be a parking problem at this time either.

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It's another picture of the block and how the houses look.

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There's the two meters which have been installed since, I imagine, 1988.

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Here's a picture of the upstairs living room area.

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bathroom, kitchen, kitchen for the second floor, front room for the second floor, and

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the bathroom.

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We did send out a notice on two occasions.

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We met with the Civic Association the first time.

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They asked us to make some changes and to come back.

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We met with them again the second time.

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We came back with the changes.

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There's the proof of mailing.

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and the Civic Association did issue a letter of support supporting our application for

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supporting our application for the variance. And with that, I'm here to answer any questions that

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do you have your representative of the property uh samuel are you on the line

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mr east

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all right you're an officer of the court we will take your testimony um could you make sure hillary

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gets a copy of that letter i i don't think we have a letter do we hillary thank you mr chair

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No, we do not have a copy of this letter.

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So just send the copy over the letter to Hillary, okay?

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I will, thank you.

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Okay, questions from the board.

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No, Mr. Chair.

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Questions or comments from the virtual audience?

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Yes, Chair, we have Cheryl.

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

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

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okay my name is Cheryl Morris Davis I live at 5036 Aspen Street could you do me a favor could

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you spell your name please so that the court reporter can get it okay first name spelled

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c-h-e-r-y-l-l the last name is m-o-r-i-s hyphen Davis all right d-a-v-i-s all right do you swear

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or affirm to tell the truth the whole truth nothing but the truth i do proceed okay this

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particular property at 5021 has been um since 19 i mean whenever in a in 1988 was not properly

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zoned as a two-story family dwelling. It's always been a one, I mean, a two-story family dwelling.

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It has not been a rental unit. My concern, those pictures that were taken that says it's not a

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parking problem on this particular block, there is a parking problem on this particular block.

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first thing some people have two and three cars when this picture was taken was probably early

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in the morning when people are going to work secondly the property was built in 1925

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approximately and now they want to change the configuration of this property to be

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a not a two dwelling the property is too small the property has three bedrooms on the second

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floor. It's an inadequate size. And if you get a person that has a family, therefore the property

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cannot be used for more than one person on the first floor and one person on the second floor.

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And also in this particular block or block.

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And also in this particular block, there has been an increase in shootings.

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We do not need another shooting on this block.

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And most of the properties on this particular block are now rental units.

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I would say 75%.

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Now, I know from the past, PHA, what they did was like, we moved some of the rental units to be family units for selling.

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Listen to me, Cheryl, we want to concentrate on this property.

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Just tell me about this property.

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Oh, this particular property?

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Right, that's it.

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It's an applicable size to be an apartment.

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And you're against the project then?

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Sorry, I can't hear that well.

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He's asking you, honey, are you against the project?

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Yes, I'm against the project.

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Thank you very much for calling in.

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We appreciate your input.

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Is there anyone else in the virtual audience?

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Yes, I've got my hand raised.

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I'm a husband.

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I guess you could hear me.

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Wait a minute.

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

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Ernest M. Davis, E-R-N-E-S-T, middle initial M-D-A-V-I-S.

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Do you swear a friend to tell the truth, the whole truth, nothing but the truth?

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Yes, I do.

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And your position is similar to your wife's position?

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Similar to my wife.

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We just had a shooting of a house away from that property yesterday and the

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density of people in the neighborhood and the type of people.

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So I want you to concentrate on this property.

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This property did not have a shooting of property nearby.

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You're saying only a house away, right?

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