civus
Hearing video

ZBA Hearing - May 22, 2024

Philadelphia Zoning Board of Adjustment (ZBA)May 22, 20244h 46m

you, plus support from the community on that block. And again, I don't know who was on that

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Zoom community meeting last night. You know, they were part of the community. I don't know where

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they lived, but I know the people that did support this project are on this block. And then again,

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not out of character on that block to have triplexes. As I stated, 4243 West Isles, 4241 West

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Isles, and 4221 West Isles. And then maps of the area, as you can see, there's a diversity of

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zoning nearby. There is RM1, CMX2, I2, RM2. So we're looking to, you know, again, look at some

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of that commercial corridor that is being tried to be built up on Girard Avenue, maybe a little

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further down to help support that by way of its zoning variance. And again, in terms of, you know,

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there's always an issue in terms of parking. We are on the trolley line. We also have two bus lines

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of 43 and a 64 as well. And then photographs of the property. So this is a really beautiful

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building. And, you know, my client who has a long history in this neighborhood with his children

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living here, all he wants to do is enliven this property that has been dilapidated for a long

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time. The person next door who supported this project actually embraced the fact that my client

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purchased the property and is going to fix it up. And it's just structurally and just aesthetically,

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it just needs a complete gut job. And the cost involved in that, it would be financially

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infeasible to have that as either a single family or a duplex. That's why we're only asking for a

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triplex. We try to mimic the other properties on that block, which have also been approved

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for triplexes. So that's the front of the property. This is the back of the property.

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I want to show you both, but you can see this walkway. There's a common walkway,

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which again, from front to back, each of the residents are going to be able to have

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you know a communal living area for outdoors that's why we got rid of the roof deck because

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it sounded like it's a nuisance to have roof decks in this neighborhood um and you know two

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of our three refusals had to deal deal with the roof deck given the roof front setback of of the

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roof deck and then also the pilot house hugging the rear so my client made a decision this morning

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to eliminate the roof deck completely.

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I mean, this is more of a communal area,

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but also having garbage stored in a rear enclosure as well.

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And then this is also another part of the property

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at the rear of the property.

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You can see this property needs some significant TLC.

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And then this is the hearing notice

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that my client put up for today's hearing.

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And then this is West Isle Street

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to the right of the property,

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to the left of the property.

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And then our plans and drawings,

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Again, no dimensional variances here that we're seeking.

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And, you know, the floor plans are pretty straightforward.

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You walk in. This is unit number one. You make a right.

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This is a bi-level. We would agree to no bedrooms down here at the request of the community.

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Unit number two, there are two options. But ultimately, that's a two-bedroom, one-bath.

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And then the third floor is a one-bedroom, one-bath.

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And again, we're getting rid of the roof deck access structure by way of proviso if this board feels so inclined to grant the variance.

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We did meet with the community on May 21st, 6 p.m.

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We emailed notice of that.

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You know, we tried to get the information as much as possible.

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We didn't give as much time as we usually do, but we didn't get the information until like almost a week before the community meeting.

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94 addresses were notified of the meeting, including the addresses which are, you know, which signed the letters of support, those seven letters of support.

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And then proof of mailing to those addresses, our application for appeal that we filed on behalf of our clients, and then the deed to the property showing that he owns the property.

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And then finally, the certificate of tax clearance showing that he does not owe any real estate taxes.

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Again, I can't speak more about the fact that it would be financially infeasible for anything less than three units just based on the condition of the property.

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uh to like for anything less than three units just based on the condition of the property

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and that's why my client has made consent significant concessions to everything that

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the community has stated other than the density issue which again the 2035 plan states it should

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be rm1 given the lot size it would be or it would be three units and you know given the

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surrounding neighborhood also has similar three unit buildings with that being said i would ask

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that Mr. Carter virtually raised his hand

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so he could be sworn in.

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Mr. Carter?

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We see him in the audience?

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I know he's there

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because he detected that he was in the Zoom area.

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Okay.

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Zoom room.

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Jason?

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Hold on.

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I have a hand up from a Jihad Ali.

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Do I allow them to speak?

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Let's see if we can find Mr. Carter first, and we'll get him afterwards.

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Bring a Jihad on. Maybe he has Mr. Carter with him.

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The name is Richard Carter, correct?

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Yes, sir. Yes, Jason.

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All right.

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They've been allowed to speak.

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And Mr. Carter, could you please state your name

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and spell for the court stenographer?

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Mr. Carter?

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Mr. Carter, are you still available?

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You're unmuted.

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maybe another technical difficulty sir okay uh it's mr ali's hand so

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yes i have allowed him to speak

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good afternoon chairman and members of the boy

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could you state your name state your name please for the court stenographer and spell it

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yeah i'm jihad ali j-i-h-a-d-a-r-i right all right do you swear or affirm to tell the truth

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the whole truth and nothing but the truth i affirm your honor please proceed well mr uh members of

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the board i just wanted to make a couple comments on what the attorney uh said last night i'm a

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member of the community but i would like to point out to the court um and also to other attorneys

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that seem to misinterpret what the what the actual code says about residents and citizens

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of philadelphia being able to testify as only here it's not just people who live there i live

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by the particular property. I just like that noted for the record because too many

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lawyers come and imply that because you don't live on that block

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you can't say anything and the code doesn't mention that. That's number one. Number two

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when attorneys talk about their clients come and start talking about finances the code

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doesn't mention anything about finances nor do attorneys present

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any evidence at the meetings that would either substantiate their

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request for additional units. They just do none of that. That's all anecdotal

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no proof no facts um and then for the comments that the lawyer made uh for the community i don't

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recall anybody last night saying that we didn't want anybody to live in the basement i didn't

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have any problem with that um everything that the lawyer presented tonight it would have went a lot

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different if all those concessions he made at i don't know seven o'clock this morning he didn't

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make at six o'clock last night if he would have i'm sure the community would have been more willing

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to talk to him but at the end of the day the community was just against the density because

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if you look at it your honor and members of the board you're talking about putting three it was

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last night it was three three two three bedrooms and one two bedrooms so we just thought that was

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too many people in that space and the community as the lawyer pointed out it's a 2035 plan but

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one thing about the plans the community has a plan for the area and they wanted that block to be

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more single family because that area is being gentrified and is being heavily populated with

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duplexes and triplexes. So we just want to reduce the density and try to work with the developer.

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And you've had other attorneys testify about that argument over there. We will work with

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developers. We're just asking them instead of always maximizing profit, which seems to be their

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concern with what he's saying. It's just you could still get profit. You get duplexes in there all

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day long. We're willing to entertain him with a duplex, but he wouldn't do it. So thank you for

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allowing me to speak. Thank you. I appreciate it. Mr. Carter.

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Mr. Carter, if you are still in the virtual audience, please raise your hand.

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Alan, I can't hear you, Alan.

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Alan, I can't hear you, Alan.

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You want mute on us, Alan.

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Oh, hello?

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There you go.

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There you go.

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Okay.

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Okay.

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He's calling me now.

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He's saying he's having audio problems.

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Okay.

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So can I just respond to Mr. Ali, if you don't mind?

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Yeah.

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Why don't you respond?

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Go ahead.

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Yeah.

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So what I would say to that is that the legal standard does take the into account the feasibility of the project, given the condition and the property.

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It's not feasible for us to build a single family home there, let alone a duplex there.

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That's why we ask for the least modification possible under the Philadelphia Zoning Code under the circumstances based on the 2035 plan and other properties on that block.

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And I never stated that people who don't live on that block, I never said they don't have a say. I just indicated I don't know where they live. I just know that people who would be most directly impacted were in support of this project based on those letters.

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As far as the bedroom in the basement, that was pointed out to us.

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That's why my client took it upon himself to say there was concern about bedrooms in the basement, even though there's nothing improper about it.

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My client was willing, more than willing to agree to that proviso to show their flexibility.

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And the reason why we made these concessions today was we did not expect that there would be an issue last night.

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We waited to the possible last second.

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And we didn't get a community meeting until last night.

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So, Mr. Nockam, let me ask you this.

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You want to have a resumptive hearing, go back to the neighbors and explain what you want to do?

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Can you give me one second to go off screen and mute and talk to my clients?

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It's two seconds. How's that?

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Okay, thank you.

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Hold on.

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Thank you.

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Thank you for your indulgence.

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He will agree to a resumption here.

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We will make the same presentation that we made today to the community.

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Yeah, I just think the meeting was last night.

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You're making changes, 7 o'clock this morning.

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I think you should at least go back and say, hey, this is what we're going to do to appease some of your issues.

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Does the board have any questions?

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No, Chair.

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No questions, Chair.

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Hillary, do you have any questions?

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I do not, Mr. Actually, no.

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Quick question, Alan.

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So with the changes that you're suggesting, there would be revised plans, right?

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Now we can, given that we'll have a little more time.

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This morning, I couldn't get the architect on the phone to change it.

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Yes, I should.

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And at the very worst, I thought that we can agree to those provisos and you would stamp something before it goes to L&I.

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Okay.

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All right.

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Thank you.

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Questions or comments from the virtual audience?

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Do not see any hands, Mr. Chair.

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Planning Commission, do you want to hold your vote or do you want to vote today?

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Amy, we're with the City Planning Commission.

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Yes, we'd like to hold.

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Thank you.

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So we'll schedule this for a resumptive hearing.

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We'll see where we stand with the RCO.

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We'll have other comments made by the audience again and planning, and then we'll vote.

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Hillary, two weeks, you think?

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I think it's better if Mr. Notkinson reaches out to the community, figures out when they can talk again, and then reach back out to us once they know they've been able to schedule a second conversation.

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But Hillary, once we have the hearing, we'll be able to just be put at the beginning of the list just for a simple resumption, not having the weight in line with everyone else, right?

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We will get in touch with Tanya and Tanya will arrange it.

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we will get in touch with tanya and tanya will arrange it sorry thank you tanya

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Thank you, Tanya.

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Thank you, Tanya.

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We got you out.

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Thank you.

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Thank you, Tanya.

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Thank you, Mr. Knockinson, for agreeing to follow up with the neighbors.

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All right.

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Number 11.

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MI 2024-001-645-3515-21, Welsh Road.

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Michael Mattione is the attorney.

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There's a letter of non-opposition from Homesburg Civic Association.

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And there's a letter of non-opposition from Council Member Driscoll.

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Oh, shit.

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It's okay, Mr. Mattione.

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Mr. Chairman, my camera is not working for some reason.

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And it just keeps telling me it's unable to detect the camera.

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This could be a problem if we don't have any documents.

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Why don't we do this?

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Why don't I finish the list and then I'll come back to you.

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