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Hearing video

ZBA Hearing - February 24, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Feb 24, 20216h 14m

when we finished last time. We did put together all the information and emailed it on the day of

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our last hearing. And if the board would like, I can bring up those materials and very, very

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briefly show why 12 panels are what we need to offset our energy in 100 percent. You can do that

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briefly. We'd appreciate it. All right, panel, I'm showing you what's called a first page that's

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called system details. Can everyone see that? Yes. Thank you. So what this is showing is the total

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energy that what's called the system size of what 12 panels could do. And as you can see up here,

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it's 4.5 kilowatt hours, and that would be sort of yearly.

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This next page essentially shows what those panels would do, that system size would do

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in Philadelphia over the course of a year. And I mentioned this very, very briefly when I first

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spoke. So this is taking into account a lot of information, and you can sort of see that

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in the bottom so the sun is always going to be different depending on where you are on the globe

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so this actually takes into account where the sun is relative to where we are in philadelphia

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does it over the course of the year and so you can actually see that our energy will actually

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differ per month as the sun's either getting higher or lower and fortunately for all of us

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the sun will be getting gradually higher for the next couple months and so we get warmer

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What that ends up producing with 12 panels, as we want to do, is 5,453 kilowatt hours of energy.

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You can see that right at the bottom where it says annual.

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And then finally, the last piece of the puzzle is how much energy do we use?

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And let me just zoom in.

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this is a our PICO bill and actually it was our most recent when we originally submitted this

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um this is showing um our total energy use over the course of the year and it's 5,439 so it's

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matching up almost exactly about as exact as we could ever get it so that's that's all the

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documentation to show why we need 12 panels and the 12 panels would have to be as

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We need 12 panels, and the 12 panels would have to be, as we're asking for, in order to achieve 100% offset of our energy.

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Let me ask you a question. Do the 12 panels have to be all combined in one area? Can it be split up?

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um yes it could chairman and we uh we looked at that and in my original presentation which i can

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bring up i can show that if we were to do the pergola by right and then we tried to split up

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we'd have to find uh four places for panels and unfortunately we can only fit one panel on the um

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on the pilot house we can only fit one panel which is essentially here

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we can only fit one panel in front in that sort of five-foot setback area,

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which would only get us to 10 panels, which unfortunately is way lower than what we need.

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So we'd really have to do any – there really is no way to do it by right

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and to add panels to get where we need to be.

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On that same question, would you not be able to run the panel along the property line

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parallel to the

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to the pilot

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house going from front to back

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and the reason I say that the

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panels that I talked about

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that are on 11 Warnock

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Street near Fitzwater

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it acts as a canopy for the entire

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roof deck

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understood I don't think they have

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a pilot house so I know you have

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to deal with that issue

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could you run it straight back

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Chairman, yeah, the issue is the pilot house.

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We just don't have the room to do it.

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And if we were trying to squeeze around the pilot house,

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we would unfortunately need to do an entirely new custom pergola,

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which I don't think has ever been done before,

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one that would sort of be asymmetric.

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If the pilot house wasn't there,

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we'd absolutely be going that two feet back.

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That's the limiting factor.

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Okay.

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Tom and I, I guess we're just trying to figure out a way

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in which you can get the number of panels you need

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and generate the kind of solar power you want.

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Understood.

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And also address some of the concerns of the community

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as it relates to the setback.

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I'm sure you've been through this before,

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but for us, you know, we're looking at it

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really for the second time.

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So we're just coming up with some of my thoughts.

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I understand.

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And I will stop screen share

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unless anyone wants me to show anything more

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with these four pages.

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any other questions from the board no no no is anyone else want to testify something new and

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different yes chair we have a tina marie

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miss miss russell good afternoon

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please identify yourself first and last name tina marie russell

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your address 1631 west susquehanna avenue yeah well um you're a bit ways out of the area aren't

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you yes i am but i'm from south for the original yeah well so i still i still like to have a

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comment though because it's still i i really uh with all due respect you are a former south

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it off him i appreciate that but you you're just your testimony is not going to be relevant here

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thank you anyone else

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uh no one else we can go for it here thank you planning commission

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city planning ron bednar comprehensive plan recommends this property for residential single

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family use. Based on the application submitted, we do not believe that the solar arrays placed

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two feet closer to the front edge of the building will have a negative impact on the block. We

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therefore have no objection to the granting of the variance. Thank you. I'd suggest that we close the

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record and have further discussion. The executive board have a meeting, excuse me, the board have

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an executive session and decide on this next Wednesday. We'll be back with you. All right.

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So, MI2020-0013332027 Ellsworth Street. Again, the record is closed. The Board will be discussing

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this decision at next Wednesday's Executive Session. Thank you.

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going to the regular list calendar number 3326 1502 north 29th street the attorney is hank clinton

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The attorney is Hank Clinton.

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I don't see no hands, Chair.

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Mr. Clinton?

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That's unusual.

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Let's do this, Carol.

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Let's go to number two.

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Maybe there's technical issues, and then we'll come back if we have to.

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Sure.

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calendar number. I'm sorry. He's here now. Okay, Mr. Clinton. He's coming back in as a panelist now.

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Okay, thank you, Leticia.

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We were on 1502. Hi, Mr. Clinton. Can you put your name, your last name, please?

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Sure. Henry Clinton, C-L-I-N-T-O-N, 13 South 33rd Street, Philadelphia, PA, 19146, Queen Memorial Building.

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Do you swear or affirm to tell the whole truth and nothing but the truth?

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I do.

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Do you also agree to waive the reading of the refusal and stipulate to its accuracy?

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I do.

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Have you emailed an exhibit packet with the required documents consisting of proof of ownership, tax compliance, refusal or referral, photos under plans of the property five days in advance of this hearing, and have you met with the RCO, and do you have a letter?

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Yes, I do, to all of the above.

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Thank you. You may proceed.

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Can I share my screen?

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Sure.

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is that visible yes good afternoon mr chairman members of the board uh thank you for giving us

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this opportunity this property concerns uh project concerns 1502 north 29th street uh today's the

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hearing date this is my evidence binder containing the table of contents aa through a11

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and i'll go through each document my appearance statement this is the refusal

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this property is one off the corner on the 1500 block of north 29th street on the west side of

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the street and the request is to use this property as two dwelling units in an existing structure

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and as you will see when i go through this presentation this has always been a two-family

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dwelling up until 2001. And I have a rental license to prove that. In 2001, the owner of

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the property decided to let her niece and nephew live with her in the second apartment. So she

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stopped getting a rental license and they've continued to live there with her since. Her

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daughter, excuse me, her granddaughter and son-in-law have decided to help to renovate

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the property because the owner is elderly. And you can see when I get through the floor plans

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that the existing property is just going to be reconfigured and that there are already two meters

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on the property. So while it may be classified as a legalization of an illegal use, it really

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has not been illegal because, as I said, there was a rental license in place in the early 2000s.

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And since then, family members have lived with the elderly owner since then.

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We did meet with the RCO and we presented the same comments that I've given to the board so far

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to the community group and you can see that there's just overwhelming support and or non-opposition

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basically 20 to 0 because again the owner who is on the call is a long-time resident of this

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neighborhood and everybody on the block knows that she has been letting family members live

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there with her in the second unit. These are an aerial photograph. This is a corner property. It's

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a CMX2, I believe. This is zoned RSA 5. And again, here's the property here. It's a nice facade. We're

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not going to touch the facade or the corners. Everything's going to remain the same. And you

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can see on the front of the building, there are two electric meters because that was for the two

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apartments in this three-story structure. This is the site plan again showing it

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one if one in off the corner. We're not adding anything to the back of the

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house or to the top of the house. This is the existing floor plan. There's a

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basement, the first floor, second floor, and the third floor. Basically the first

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floor was one unit and the second floor were another unit. We're actually going

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And we're actually going to keep that configuration.

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to keep that configuration here is the proposed plan

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Here is the proposed plan.

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There's going to be a living area in the basement, storage in the back.

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And then on the first floor, there'll be two bedrooms with a kitchen and a dining room.

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Basically, similar to the layout that it is now, but this is going to be totally renovated

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and upgraded all plumbing, electrical, and HVAC.

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And then the second apartment is on the second and third floor as it is now.

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but again it will be spruced up and this will be a three-bedroom unit with the kitchen on the

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second floor and a living area on the third floor. These are all the perfunctory documents that

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are required, the deed. Miss Georgia Smith is living there now and Jonathan Lawson

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Layton or Layton, excuse me, is her son. Tax certification or application for appeal,

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zoning map. There's our notice letter to the community. And this is a residential license.

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This is what I was saying in the beginning, members of the board. This license board is in

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place to the early 2000s. And since then, Ms. Smith has let her relatives live with her

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in this duplex. So that's basically it in a nutshell. I'm available to answer any questions

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and my clients are on the call

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if you need to ask them any questions

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about their use of the property.

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Thank you, Mr. Clinton.

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You want to get your clients to adopt your testimony?

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Sure. Dan Ridley, are you on the call?

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Mr. Ridley or Ms. Smith?

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Yes, I am.

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Good afternoon, sir.

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Please identify yourself for the record.

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Name, first and last name.

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My first name is Daniel.

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My last name is Ridley.

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What about your last name, please?

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That's R-I-D as in David, L-E as in Eagle, Y.

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Thank you.

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You swear and affirm to tell the truth, the whole truth, nothing but the truth.

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Yes, I swear.

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Thank you, Mr. Clinton.

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Mr. Ridley, what is your relationship to the owner of the property?

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She's my grandmother-in-law.

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I'm married to her granddaughter, Samika.

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Okay, and she's there with you or she's on the call?

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Yes, she is currently now.

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Okay. And have you and Ms. Smith heard my testimony that I just presented to the board?

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Yes, we have.

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Okay. And do you find my testimony true and accurate? And if you had the opportunity to

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testify or Ms. Smith did, would you both adopt it as your own?

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Yes, we would.

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Thank you, Mr. Ridley. And thank you, Ms. Smith.

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Thank you. Any questions from the board?

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No.

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No.

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No.

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No.

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anyone else like to testify in this case if so please raise your hand

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no hands at this time chair you planning commission

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on bednar city planning property is indicated for residential use under city plan given the

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documented use history we have no objection to granting the variance thank you mi 2020-003326

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1502 North 29th Street, my vote is yes.

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My vote is yes.

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My vote is yes.

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My vote is yes.

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My vote is yes.

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