civus
Hearing video

ZBA Hearing - April 30, 2025

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

And it was a two-family?

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Okay.

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And as meter, two electric meter, an upstairs apartment and a downstairs apartment with a squatter.

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That took me almost a year to get him out of there.

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And the only way I can start the eviction process is by literally getting a rental.

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So I have to do what I have to do, which is, you know, based on what the L&I have it in

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record as of just to get the rental license so I can start the eviction process.

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That's how that worked out.

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Yep.

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Makes sense.

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Thank you.

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Questions?

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So you're saying you purchased this as a two-family

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dwelling in 2023? Yes, that's his testimony

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with a squatter.

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Okay. And so, okay.

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All right. Confirming or stating for the record that that does not match any of the

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many L&I records for this property that go back as far as

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2004, most of which happened between 2017 and now. So in very recent history, Ellen, I did not

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consider this at all a two bedroom. I also have a question related to the floor plan. There's a

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bathroom in the basement that is like, you cannot functionally access the bathroom. So one, is that

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an existing bathroom? Yeah. First, to your first point, I just want to make sure that we're clear

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on that. That work was done, obviously, if there's no record of that work being done,

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whoever owned the property prior to my client did the work without the benefit of permits,

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I would imagine. Well, the reason I ask is because it seems that the work was done by your client,

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because Elle and I both caught them for not having architect and having work done

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for installing improper materials and for installing more plumbing fixtures than was

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listed on a plumbing permit. Right, but that's irrespective. Which would account for the second

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bathrooms that we're now no that's yours that's completely separate from the from the two family

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use that was in existence at purchase so that's i just want to make sure i'm questioning why

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how was it considered a two-family use at purchase because it appears that the things

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the kitchen and the bathrooms that make it now two uses were installed by the current owner

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Good question. Mr. Alessi, do you want to explain what there was?

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There was two kitchen in there and two bathroom in there.

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And what you did was just take out the garbage and put some something nice, right?

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Yes. Yes. And also another point that the city has been collecting trash refusal ever since, I think, 20 or over 10 years now.

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more importantly more importantly the city has been billing you and you've been paying for a

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duplex trash is that right okay and more importantly you office of property assessment

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has been taxing you as a two-family dwelling is that right multi-family yep okay because you

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we have that in evidence that we've moved so that that issue is done and i'm sorry what was

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the second question about the powder room yep uh the powder room in the basement because there's

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a powder room in the basement mr elise do you want to talk about that that was existence okay

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that was existence okay what are you saying here what the it was he said that that that was

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what he's saying here what the it was

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pre-existing that was there that toilet was there that uh powder room was there at purchase

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okay all the questions questions from our attorney not at this time questions or comments from the

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um the virtual audience

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planning commission

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amy boyd with the planning commission the comprehensive plan recommends no change the

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existing single family zoning at this location the conversion was done without the pet of the

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sorry the conversion to two family was done without the benefit of permits in fact a 2024

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building permits described the property as single family around the time the two meters appear on

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cyclamedic imaging the planning commission recommended that the board deny the requested

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variance for two-family. Vern, I'm going to sit and talk to the members of the board about this.

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We're going to vote on this next Wednesday at 2 p.m. That's fine, Mr. Chair. I just want to make

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sure for the record, just in case, is there a unique physical condition to this property

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that causes compliance to a single family impracticable? The answer is yes. Did my client

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create that two-family dwelling or did he purchase it that way? The answer is the latter. He purchased

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it with two kitchens, all those baths, two separate entrances interior. He did not create

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that hardship. So that's very, and for those reasons, and by the way, because he literally

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saved the building from complete collapse, he has overwhelming support from everybody on that block

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in that RCO, including the council member. So I hope that all is under consideration. Thank you.

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Thank you. So number 14, MI2025-000432-5118 North Broad Street. Vern Anastasio is the attorney.

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We do not, we still don't have an RCO letter, Hillary.

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That's correct.

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This is going to be a hear and hold because I think the movie was just held this week.

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So Vern, just for the record, state your name.

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Vern Anastasio.

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And could you identify your client's relationship to the property?

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yeah the owner is Jason Tran and I represent Mr. Tran all right our vice chair has a few questions

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thank you counsel do you agree to weigh the read another refusal or stipulate to its accuracy

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yes sir have you emailed in all the required documents and exhibit that's needed to proceed

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with this case five days in advance of this hearing yes sir thank you counsel please proceed

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thank you so this property is here's a this probably is a very large property here's proof

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of posting and we'll get to the application currently is for uh use as an office and

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professional space on the first floor with a four-family dwelling above and obviously this

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property is rsa3 and those uses require variances so now we're going to go to the plans

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the proposed office space is about a little under 900 square feet

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come up to the porch enter the uh the first floor and as you can see it's just one large

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It would be one large office space with a powder room.

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Here's the entrance here, foyer.

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And we have a trash room.

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Just as you walk into the foyer, there's a separate place for trash storage for the units because the units are relatively small.

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You have two junior one beds on the second floor, two junior one beds on the third floor.

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there's exterior shots again and here's the interior photos of the apartments

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here's the rear yard

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This is the letter that was mailed to all the interested parties.

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Eighty five individual households were mailed.

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We did meet with the community, but they asked us to return.

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So here's the history of the property, it being commercial mixed use for a very long time.

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There was a doctor's office on the first floor living quarters above.

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Living quarters above.

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There we have our deed.

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It's literally 30 feet away from RM1.

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So if that means anything.

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And I want to go back.

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I don't think I walked you through the junior one beds.

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So we're going to do that next.

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It's our understanding and communicating with the RCO that the number of house apartments

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may in fact decrease as a result of our meetings with the community.

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But that will be reflected in a CBA or a letter between the parties.

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but for now the second floor has an apartment junior one bed of about 250 459 square feet

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we're at the eat-in kitchen uh and then the living sleeping space it's kind of like a

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little alcove here closet space and then we have another one here and it's identical on the third

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floor if i could get to the third floor

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there it is backwards for some reason 472 square feet for the one on the left and about 400 square

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feet on the right i also think uh andy barrios who is the architect is here as well in case

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there's any design questions he can make himself available how about your client

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Jason Tran, can you please raise your virtual hand?

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There's nobody with that name.

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He may be gone.

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Since we have to do a resumption hearing, I'm assuming it'll be sometime in June.

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I just asked the opportunity to have him just adopt my presentation at that time, if that's okay.

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Okay, sure, sure.

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Thank you.

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I have nothing further.

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Thank you.

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Questions from the board.

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I have a question about trash storage.

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So I see for the commercial unit that there's a dedicated trash storage, but what about for the four efficiencies?

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That trash room is for everyone.

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For everyone.

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That's correct.

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can you walk me through how the four units will have access to it like will they have to go through

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the commercial space to access no when they come down they they empty into the foyer okay

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and then they would turn right here uh i'm sorry if you could i hope you could see my

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we should we see okay cool thank you other questions and then is the office space the

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only space that will now have access to the porch?

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Oh, good question.

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I think so.

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Okay.

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And then for the residences, the residents are now only entering from the rear?

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Yeah.

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If Andy is on, this would be a great time for him to raise his hand.

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what's the name uh andy barrios the architect he's the architect yeah there's no one in the

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audience with their name okay thank you i guess you would have raised his hand by now

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hearing am i right hillary

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yes we can we can hold over is there any other questions yeah um just um right now

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How many units are in this building?

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I mean, on the second and third floor, or is it just a single family dwelling

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and you're now proposing to use it this way?

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No, the only proposal is the office space.

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Everything else is existing condition.

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Okay.

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oh when that

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okay so there's no refusal here for the number of units yes there is there is

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oh okay it's right after the commercial right yeah that's what i'm looking at so

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commercial too right yeah that's what i'm looking at so this has already been converted

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yes these this is existing conditions on the second and third floor

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okay all right and and when was that done or

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good question

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hold on for one second

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I'm going to take a look at

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something

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this property was purchased

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in 2021

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okay

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and

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again my client isn't here but

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what he explained to me is that

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when he purchased it in 2021, it was divided into four units. I do not believe the fixtures

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that you see, however, were present at purchase. Okay. Zoning records for this also only show this

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ever being used as a single family home with the doctor's office on the first floor where the

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office is now being proposed. Yeah. And I move all that history into the evidence.

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All right. Thank you. Other questions for the board? I still want to clarify. So the tenants,

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all four tenants are going to only enter through the rear? It's my understanding that that's

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correct. Do you know how wide the side yard is for them to access the rear? There's no dimensions

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on the side yard and i apologize for the architect not being here to explain it okay and then uh do

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we know where the mail is going like the mailboxes will be for the individual units if the foyer is

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at the rear we'll get you that answer thank you for the resumption appreciate it questions

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No problem. I'll also get you the answer to the rear and also the side sort of area there.

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Hillary?

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I don't have any questions at this time, Mr. Chair.

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Questions or comments from the virtual audience?

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Planning, do you want to take a...

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Okay.

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the planning commission's position might change because i don't believe the four the proposed

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four family dwelling is going to survive the rco process okay yeah hi mr richardson good afternoon

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again mr chair no good evening rather probably now it's good it's good evening good night right

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And I notice you're back here again late at night.

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As always, seemingly.

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Just for the record, could you state your name?

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Charles Richardson, Office of Councilwoman Cindy Bass, room 508 City Hall.

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The council is going to reserve her opinion until after the next meeting.

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And hopefully the number of units will come down and we'll have a better idea of what they're going to be doing.

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OK, thank you very much.

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Planny, do you want to take a position now?

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Amy Boyd with the Planning Commission will be holding for the resumption as well.

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All right. Thank you.

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Hillary, what do we want to do for a date for the resumption in July?

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You should, I believe there's a date up there, Mr. Chair, that would use that date.

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Thank you.

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July 15th, 2025 at 9.30 a.m.

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Thank you very much.

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All right. Thank you.

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Good night.

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Anyone in the audience whose case has not been called?

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Mr. Chair, we do have one other matter on the 2 o'clock list.

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Go back one, one number.

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Which one's it?

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