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Hearing video

ZBA Hearing - April 30, 2025

Philadelphia Zoning Board of Adjustment (ZBA)Apr 30, 20257h 43m

overlooking the additions on the on the upper two floors have decks that look sideways into

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the adjacent property so the property is principally being developed within the rear of seven feet

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principally being developed within the rear seven feet um and there was the concern that was the

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general concern for that okay um any questions no i just commentary um and i know that this

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variance would run with the land uh but my client's parents don't have a car uh so i and i know that

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doesn't stop you know future occupants but you know the intention here is to put as light a use

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as possible um and you know we talk about aging in place um and you know this is something that

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allows them to age in place you know again mr hernandez did state to me that there was a

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possibility of him living there but i didn't want to put that in there because it's a possibility

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but it's a hundred percent that they're they want to live there but the only way he can afford to

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keep this house the way or do this is to have that second unit um didn't he say didn't he say

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he may live there he may he may but i wanted to make sure i didn't want to represent that to the

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board because okay may is may is different than they they will and i will say this is that given

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the history of this property having non rsa5 use should come into the equation of for this property

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and having uses that are multi-unit in nature nearby,

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having a diversity of housing.

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How many issues?

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Does his parents live in there now?

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I believe they do.

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Well, Mr. Ivan, do your parents live there now?

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Yes.

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Okay, but you can't afford to keep them in this property

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if this was a single family property, right?

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Yeah, it wouldn't make too much sense.

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And I mean, ideally we would move there,

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but we can't because there's no separation so that's why we want to separate the two units so

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if I move there with my wife we can have some privacy. All right so any other questions? Yeah

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well I have a follow-up question based on the neighbors. It looks like in one of their letters

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they wrote about the garage and the driveway being sold away recently and I guess my question

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is did that happen before or after your client obtained the property and if after why?

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Given that that's like the main comment that we've gotten from all the papers.

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So the only way he can sell it separately, if it was subdivided or if it was a separate lot.

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So, Ivan, were you a part of that process where a lot was sold, where there was a garage on it?

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No, when I bought the house, the house already came without any garage.

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Other people in the audience to testify?

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Sure. I have a Daniel Ryman with the hand raised. I will come up to him and let him speak.

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Hello. Can you hear me?

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Yeah, I can. Daniel, just for the record, state your name and spell for the stenographer.

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And if you would, please turn to your video on.

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Oh, of course. There we go. Is video on?

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Okay. I'm Daniel Riemann, D-A-N-I-E-L-R-I-E-M-A-N. I am the owner and resident of the adjoining

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property at 4463 Silverwood Street. Okay. Oh, sorry. Do you swear we're firm to tell the truth,

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told truth, nothing but the truth? I do. Why don't you please testify? Sure. I'm the owner and

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occupant of the adjoining property at 4463 Silverwood Street. Two primary concerns around

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parking as well as uh the the variance so um i have a bit of a statement um so um i respectfully

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oppose the rezoning of 4461 silverwood street the neighborhood already faces severe parking

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shortages and i have documented on-street conditions over the past two months to illustrate the strain

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i did share those photographs earlier today you may or may not have that document

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these photographs demonstrate frequent instances of vehicles parked illegally and no parking zones

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are on sidewalks. And converting this property to multifamily use will add more cars to an area

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that cannot accommodate them, exacerbating safety and access concerns. For the three properties that

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were referenced as multifamily in the area, the one that's directly across the street is four

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units and has four parking spaces with it. The one down the street is, I believe, two units does not

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have parking. And then the one on Fleming Street is actually not very close. It's about a six

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minute walk and you have to go up roughly 100 stairs to get there so that one's not very much

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relevant. I also oppose the variance request to add to the rear of the building without maintaining

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a required setback. As the adjacent neighbor I'll be the most affected by any addition above the

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existing one-story extension because 4461 Silverwood Street sits southeast of my home

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raising the structure will significantly reduce sunlight in my yard and living spaces

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And for these reasons, I urge you to deny both of the requests.

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Just some other questions to bring up.

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Just some other questions to bring up. You see this fence in the current picture that's up here

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that wasn't there until probably summer or fall. Until that point, even though the driveway was

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sold off, it very much appeared as if this house still had parking. It's unclear when those

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signatures were collected since there are no dates on there. And it's unclear if those people were

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aware that this parking lot, this driveway is no longer part of this residence. Prior to that,

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I wouldn't have concerns. The people who lived here before frequently parked three cars in there,

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so obviously that could have supported the multi-family request here. Unfortunately,

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that's no longer the case. Another issue with all of the parking in the neighborhood

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is that it's going to get worse. The closest intersection to us is Carson Street. There's a

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southern part and a northern part. The northern part does not have any parking on it, and there

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are currently three new single-family dwellings that are probably three to four bedrooms. Each

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has a one-car garage, but presumably there's going to be more than one car for each of those,

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and those are going to have to get parked on the street. The St. Mary's development was also brought

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up. The parking lots for those structures are not public, and if any of the people who move there

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decide to park on the street, that's also going to increase competition for the parking. And then

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And also, I believe there are developments there for those townhomes, I believe, are planned, which is going to bring in more to the neighborhood.

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The document that I shared shows lots of parking on the sidewalks over there, as well as frequent illegal parking.

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I'd say about 50 to 80 percent of the evenings there's someone illegally parked.

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This often leads to delivery trucks going on to the curb and running over our fire hydrant.

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Most recently, this happened this month, and usually it takes about a week for them to get there and fix it.

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But I believe that's most of the things I wanted to say.

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Thank you for your time.

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Mr. Nockamson, do you have any questions of Mr.

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No, I do have a comment that if the board feels so inclined to grant the use variance for two units, we would have a proviso to meet the minimum rear yard setback.

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I think that could be accommodated.

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We're talking about a foot and a half.

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All right. Is there anyone else in the virtual audience or the audience here?

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I do not see any further hands, Mr. Chair.

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Planning Commission.

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Amy Wood with the Planning Commission.

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The comprehensive plan recommends no change in zoning at this location for the existing single-family residential RSA 5.

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There are no unique physical conditions or circumstances of the property that would prevent it from being used in strict conformity with the zoning code.

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while there is previous evidence of commercial use on the ground floor and single family above

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there is evidence that since that time the property has been used in conformance with

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the single family zoning the planning commission recommends the board deny

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the requested variance for multi-family and rear yard setback thank you mi 2025

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000321 4461 silverwood street i vote no um michael johnson my vote is yes

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Cheryl guessed, and my vote is no.

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Tayo Nguyen, my vote is yes.

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Ishmael Shaheed, my vote is no.

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Thank you.

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Thank you.

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All right.

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We're going to take a quick break, and then we're going to go back to number one.

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We're going to go back to number one.

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MI-2023-004-267-900 East Shelton Avenue, Moomin Islam.

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Do we see his hand?

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Okay, great.

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it looks like my videos they won't let me show my video i'm moving how are you sir you've already

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been sworn just for the record state your name again and please go on to your video

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It would not let me go into my video.

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It keeps saying it's disabled by the host.

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Okay.

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Could we?

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There it goes.

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Okay, good.

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Can you just read the record?

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State your name.

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Yes, my name is Mukmin Islam.

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Okay.

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I know your attorney, Ms. Emerson,

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wrote up that the issue was with our zoning poster.

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I apologize.

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That was a previous one.

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We've been here for at least three or four times.

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My apology, I'm not in my office and I'm out of the country, so I do not have access to the current one.

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My apologies.

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I'm not in my office and out of the country,

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so I do not have access to the

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I will say, if I could be here very briefly, this petition has been before the board several times.

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None of the continues was our request.

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The community was not ready a couple of times.

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We did not have any meetings.

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We eventually did have the meeting, and we met with the board, and we had their approval.

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I am asking if I can still present because there is a notice that has been produced I can provide later or we can come back in 30 days and have them produce the community if they want to have it and say so in the matter.

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But we are fully prepared to present. That is my mistake. I don't have the proof of posting.

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Hillary, where do we stand with this?

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I mean, typically, unfortunately, Mr. Chair, if we don't have proof of posting, we cannot proceed.

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I mean, if it's the board's call, we can hear and hold it, but typically, we do not proceed

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unless we have proof of posting.

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All right.

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So I would only ask, and Ms. Emerson, you can confirm or not.

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Like I said, this has been listed.

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I have three or four posts.

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I have the most recent one when we came back in January.

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I just do not have the most recent one that was just at this time.

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That's my apologies.

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I did not pull the right one in my file.

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If we continue this, is there a better date than what I see here?

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If possible.

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All right, so here's what we're going to do.

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I mean, the date's kind of far out.

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So what we're going to do is we'll see what we can do.

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We're going to get a hold of you.

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We're going to continue it, but we're going to try to get you back as quick as possible.

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Okay?

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And Mr. Chair, Mr. Richardson from the council office, I believe he had a comment he wanted to make about the RCO meeting process.

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in this case. He has his hand raised. Sure. Mr. Richardson?

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Mr. Chair, can you hear me? Yeah, I can, Mr. Richardson. Very good.

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You won't have been sworn just for the record. State your name and please help us with this

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conversation. The unfortunate thing is that we were never notified that there was going to be

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a meeting, so it's very questionable whether

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or not any mailing was done and things along those lines.

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We were actually trying to reassign this case

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to another RCO because of the fact that there

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were some issues last year. This has been going on, as he did state,

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it's been going on for a minute, but then nothing has ever been done in the correct fashion.

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So, you know, we're going to leave it up to you to

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get a continuance, but then we'll contact the

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applicant and make sure that they do everything that they're supposed to do

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and that we have a meeting that we're supposed to have.

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I have at least three notices that we sent out

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and we didn't meet with the RCO. We've had at least four meetings.

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Sir, you've never contacted the council office.

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I'm talking

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we're going to continue this. We will

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be in touch when this will be scheduled again.

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I'm sorry, but we just can't do anything with it. Mr. Richardson, thank you for taking the time to call us. Okay. Thank you. Thank you. All right. So.

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Alan, I think, is this your last one?

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I'm glad about that.

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uh what do you mean i thought we were doing three and then we were coming back and doing

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the other three so didn't we only do the first two no we no he did first two

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he's he's had quite a few cases yes as usual okay all right um um so mi 2025 000 384

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50 52 50 52 to 56 city at city lineup um mr notton said could you identify your client

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the relationship with the property uh yes uh my client is leonard uh pavisky uh he is the

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equitable owner of the property by way of an agreement of sale okay so i i just for a point

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i i noticed that there's a letter of opposition from winfield community neighbors association

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what was 34 in opposition to and support there's a letter from council member Jones in opposition

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a letter from council member Gil Gilmore Richardson um and we also have the applicant

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has provided a petition in support with 10 signatures three from the block our vice

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chair has a few questions thank you good afternoon council do you agree the way to

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Good afternoon, counsel. Do you agree to weigh the reading of the refusal or stipulate to exact?

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reason of the refusal, we'll stipulate

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to his act.

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I do in the sense of, I believe, yes, I do. I think there's a newer refusal that we just got

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like a day or two ago. So I have no objection to the newer one.

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No, I, I, the only thing I would say is that these are, this is an existing lot

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or a parking lot. So I object in the sense of we're not making any changes, but to the lot

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itself but okay have you emailed in all the required documents and exhibits that's needed

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