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Hearing video

ZBA Hearing - December 2, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Dec 2, 20206h 53m

and breakfasts commercial uses of that sort um or you know leases and we all know airbnb is kind of

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a hybrid so what you end up having is you have a use that is practically become kind of adopted

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but it is not necessarily congruent and when circumstances permit this is when we would look

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to you as kind of the relief valve for the zoning variance so what the applicant is requesting

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in summation is essentially that they would be permitted to continue to use the property as an

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airbnb without it being used as a primary residence is currently required under the code

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tantamount to it essentially being more or less a limited lodging home use,

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but it would not be subject to either the less than 30-day minimum

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or the no more than 180 days a year.

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Counselor, the adjacent units, what are they?

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The adjacent units are likewise residential dwellings.

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But not AB&B?

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So I can't speak to whether or not they utilize those properties for Airbnbs.

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I don't know if the owner can, but as you know, Airbnb can kind of be, it can be used

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on different degrees.

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I mean, it could be used sporadically if it's not prohibited under certain condo docs, but

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typically, but generally it's permitted as an accessory use under the code, under the

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the limitations I've kind of requested relief from such that it's also used as

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a primary residence and then certain caps and limitations on the frequency of

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stays so whether or not they're operating in that realm I don't know what

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So whether or not they're operating in that realm, I don't know.

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What I can speak to that is this unit is being used as an Airbnb, but based on it being a Trinity, it's almost prohibitive that it could also be utilized as a primary residence as well.

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I can speak to that is

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Thank you. Any other questions?

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Mr. Meeta, do you want your client to adopt your testimony?

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Yes, I would.

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I'd like to invite my client, Mrs. Christine Howes.

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Raise your hand and I'll swear her in.

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Mrs. Howes, let's not allow you, sir.

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Thank you. Good evening, ma'am.

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Please identify yourself for the record.

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First and last names by your name.

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Yes, sir.

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My name is Christine Howes, C-H-R-I-S-T-I-N-E.

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last name H-O-W-Z-E.

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And you swear and affirm to tell the truth,

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the whole truth, nothing but the truth?

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I do.

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Thank you, Ms. Domita.

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Thank you very much, Mrs. Housen.

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Have you heard everything that I have said here this evening?

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Yes, I have.

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And can you confirm the truth and accuracy of it?

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I can and do.

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I would add that in the courtyard, there are single-family homes and co-ops.

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I mean, yeah.

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Excellent.

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Thank you.

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Any questions from the board?

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No.

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Anyone else would like to testify in this case?

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If so, please raise your hand.

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Mr. Chairman, if you don't mind, just for the purpose of the record,

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Mrs. Howes, do you also adopt the testimony as your own?

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I do.

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Thank you.

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I got ahead of you.

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I thought you weren't going to ask that question, but I apologize.

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I was maintaining the suspense.

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I got you.

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Okay.

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Anyone else would like to testify in this case?

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Please raise your hand.

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There are no other hands, Mr. Chair.

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Thank you.

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Planning Commission.

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Ron Bednar, City Planning.

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this property is indicated for neighborhood commercial mixed use on the city plan

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due to the changing retail environment city planning staff supports the need for commercial

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corridors like antique road to diversify visitor accommodations will maintain existing businesses

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on first floor therefore we are in agreement with the rco for a conditional approval of a

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temporary variance to be granted for a limited time only.

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Did the RCO, and maybe I missed that, Mr. Media, did they come up with a timeline on this?

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They did. So the RCO submitted a letter from our October 27th meeting. No opposition. They did

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condition that no opposition upon a three-year temporary permit for the granting.

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Okay, thank you. 000301 1026 Pine Street. My vote is yes with the proviso. A temporary

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permit to expire January the 1st 2024. My vote is yes with proviso. Yes with proviso.

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Okay, thank you. I believe that concludes the two o'clock list.

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sorry to interrupt um i i believe 20 10 29 um this is rachel pritzker sorry i believe 10 29

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um east columbia um it's a going for three two o'clock yeah i believe so i don't i didn't see

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it does anybody have that let me check i did not have it i'm sorry but what are you saying

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Tanya, do you know if 1029 East Columbia, I have it on my calendar as it was continued from before, we were making some revisions at the request of the board.

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And it was supposed to be today?

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Yes, ma'am.

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At 2 o'clock, Rachel?

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Yep.

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Would you mind if we took a break and I will look for it if it should be added.

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we'll consider whether to do it at the beginning of the 3 30 would that be okay with you yeah

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absolutely thank you yep all right uh so let's come back at 5 30

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thank you good evening everyone my name is frank de chico i'm the chair of the zoning board of

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adjustment i'll be participating in today's hearing along with our vice chair miss carol

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tenere board secretary confessor plaza and board members mr thomas hollowman and mr james snell

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and Mr. James Snell. Board Administrator Ms. Tanya Sunkit and Board Attorney Ms. Sharon Saleta

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Board Administrator Ms. Tanya Sunkit and

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are also in attendance. For those of you who haven't yet participated in one of our virtual

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hearings, I'll go through some of the basics of what you can expect. First, we will be administering

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oaths to individual participants prior to their testimony. Second, we'd like to advise everyone

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that this proceeding is being recorded and that by participating you acknowledge your agreement to

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be recorded. Third, for anyone participating by phone, if you wish to testify, you must raise your

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hand by hitting star nine and then star six to unmute yourself. I'll repeat. For anyone participating

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by phone, if you wish to testify, you must raise your hand by hitting star nine and then star six

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to unmute yourself. Finally, to enter an appearance statement, call Google 267-270-5548

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and leave your email address and the address of the property at issue. I'll repeat. To enter an

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appearance statement, call Google 267-270-5548 and leave your email address and the address of

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the property at issue. Before we call the first case, I'm going to announce one of the cases that

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we've been asked to continue. Number one on our list, 001333, 2027 Ellsworth Street. If the attorney

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and or applicant for this application is not in agreement with the continuance, please raise your

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hand. If anyone here presenting a case today, is this when I say that Frank hasn't met with the

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RCO or hasn't emailed her? Carol, excuse me, excuse me, Madam Vice Chair, I got to then ask

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if anybody wants to continue the cases. That was the only one we know of. Okay. All right. At this

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point i will also now ask if anyone uh excuse me uh if anyone would like if anyone is requesting

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a continuance or withdrawal for this after this evening's hearing please raise your hand at this

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time um chair if i could also put on record for number two on your list continuance

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any which requested by the attorney of record okay so that's uh 001312 2117 south 66th street

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is continued thank you thank you any other requests for continuances or withdrawals

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Mr. Chair, I see no hands at this time for further continuances.

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Okay.

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And, Carol, before you begin, I got some house cleaning to do here.

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MI 2020-000886-650 North 36th Street.

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My vote is yes to reconsideration and rehearing.

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Yes to reconsideration and rehearing.

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Yes to reconsideration and rehearing.

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yes to reconsideration and rehearing yes to reconsideration and rehearing thank you

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001539 1401-1403 south 21st street my vote is yes with proviso revised plan one page approved

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today yes with proviso yes with proviso yes with proviso yes with proviso thank you zero zero one

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two five nine two one two nine dash three three south eighth street my vote is yes my vote is yes

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my vote is yes my vote is yes my vote is yes uh let's see what's her number but

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zero zero one one zero one one seven three two north grats street my vote is yes my vote is yes

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yes my vote is yes my vote is yes my vote is yes

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uh sharon on the 650 north 36th street i don't have a i'm sorry i found it i got it

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so it's 0886 650 north 36th street um my vote is yes to reconsideration and rehearing

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Yes to reconsideration and rehearing.

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yes to reconsideration and rehearing yes to reconsideration and rehearing yes to reconsideration

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and rehearing okay zero one one zero one one seven three two grass street uh

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my vote is yes with proviso maximum five residents my vote is yes with proviso

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yes with proviso yes with proviso yes with proviso thank you uh sharon and or tanya

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did i leave anything out that's all i had um it's up to sharon

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you have one you have one add-on at 3 30 but this is it just thank you which uh the add-on is

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um am i 2020 000 826 6301 north broad street yeah i got that one i'm sorry okay yeah i didn't know

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i had to read it in yet all right i'm sorry you probably didn't i'm part of an interruption

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sharon when did you want to do the other one Columbia avenue uh no the the one from yesterday

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I believe I mean early this morning I think they voted that did they um they did 8th street

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we did the Mattione case from this morning uh I think and we did the 8th street that was the

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Amoroso family okay sounds good then we're ready to go yeah that's all done all right um so Carol

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did we work out uh did we figure out what was the what was going on with the Columbia Avenue case

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is that case going to be heard

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could you do the first add-on and then i will figure out that one what's going on okay the

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add-on the north broad street yes 63 ohm okay um i just want to remind everyone please do not

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attempt to testify in the chat any comments please direct to the board administrator miss

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time you sunk it. I believe with that, Madam Vice Chair, we can proceed. So we'll do the

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add-on. Carol, you need to unmute. I'll read it in. It's the add-on. I don't have the calendar

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number, though, for 6301 North Broad. Anyone have the calendar number? Give me one moment.

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Sure.

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I do. It is MI-2020-000826-6301-North Broad. Last continued on 1110.

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Thank you. So with that, we'll begin with 000826-6301-North Broad.

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And Kyle, we already heard this before, so I don't know if you have to.

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Wave and step.

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Anyone here for 6301 North Carolina?

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Okay, Mr. Chair.

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Yes.

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Mr. Chair, Ms. Don Tancredi has put her hand up. I will promote it to the panelists right now, sir.

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Thank you. Good evening, Ms. Tancredi.

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Please identify yourself with the record, spell your name, and I will swear you in.

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good evening hi identify yourself and i'll swear you in good evening dawn tancredi on behalf of

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the applicant the equitable owner of the property your last name dawn sure t-a-n-c-r-e-d-i

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we're in a firm to tell the truth the whole truth nothing but the truth yes please proceed uh carol

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i don't think we need to read but maybe we should do you have to meet again with the community group

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was that part of what we held this for that was part of the plan um mr chair however there have

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been additional meetings however my client was not invited to those meetings the rco and the

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council person's office have met. However, we were not made part of those meetings.

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Okay, I guess we'll proceed.

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Just a little different.

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A new one on me. Anyway, all right.

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So we did present our case in chief. This evening with me, I do have my client, Mr. Carl Wright,

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Mr. Carl Wright, who is a principal of Wright Partners, he's available to answer any additional

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who is a principal of Wright Partners.

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He's available to...

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questions. Also here this evening is Greg Newell, the engineer who had also already testified in

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this case. He's available in the event there are any additional questions from the board or

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he's available as a rebuttal witness. And Marshall Cook, the regional manager from AutoZone is also

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available to answer questions um that yeah so given that you were not invited uh you and or

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your clients were not invited to the rco meetings i suspect there's nothing new to add or if there

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is please tell us okay well i believe that the representative from the council person's office

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is on the call. I'm unable to see who else is here. I would ask the board to limit any

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additional testimony to include only those who attended at the last hearing on October

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6th because this today is a resumption hearing.

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Well noted. Thank you. Chair, I have unmuted Ms. Hilary Emerson.

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Just one more note. Mr. Chair, I do have a summary of this case and closing arguments

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as to why we've met the hardship standard, and I would reserve all that for the end after any

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testimony. Not noted. Thank you. Ms. Emerson, please identify yourself with the record.

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Good evening, Mr. Chair, members of the board, Hillary Emerson, on behalf of Councilwoman

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Sherelle Parker.

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You're going to tell the truth, the whole truth, nothing but the truth?

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Yes, I do.

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Please, Christine.

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Yes, just one note, which means Ms. Tancredi's request about individuals not testifying unless

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they were at the October 6th hearing.

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There's been multiple continuances in this case, and I have no way of knowing who is

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present previously at the different hearings that have been held. And I don't believe any

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neighbors have testified in this case, other than, well, not a neighbor, but I believe a

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