civus
Hearing video

ZBA Hearing - February 24, 2021

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

to that is um possibly not in use and um putting a 27 unit apartment building at 3216 would create

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the precedent of large apartment buildings spreading from allegheny avenue to chairman i'd

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like to object to that as speculative that's that's all speculation the board hears each case

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and makes decisions on an individual basis okay there's a there's a daily permit in a daily

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permit record there's a permit that's been issued for demolition of 3220 so therefore i also would

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strike any testimony as we don't i don't have any information about just just assuming there

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is a demolition permit that doesn't necessarily mean that they're going to whatever that gets

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proposed to be put in place of that church will be approved you know that adrian you've been

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around long enough please i i didn't say that i said that that space being torn being demolished

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proposed to be demolished and having a 27 unit apartment building next door would create a

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precedent to i just answered i just answered that we adrian i just answered that we look at each

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case on an individual basis i understand that but i'm speaking to precedent which i have a right to

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do okay okay okay all right all right what else who's next just add for the record mr chairman

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that we did um do two rco meetings and um this organization and um uh the one that miss russell

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is a part of were not at either of those meetings they did email me saying they couldn't get into

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the meeting but the meeting they tried to get into was the zba meeting and they did they use

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the incorrect uh link so i just want to add that all right miss russell

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One second, Chair. But we have Mr. Charles Richardson on the line.

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Thank you. Mr. Richardson.

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Good afternoon, Mr. Chair.

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Good afternoon, sir. Just identify yourself. You're still under oath from earlier today.

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Charles Richardson, Office of Councilwoman Cindy Bass, room 312 City Hall.

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Please proceed.

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Just wanted to say that Councilwoman has no opposition to granting this variance.

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Thank you very much.

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All right.

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Anyone else to testify in this case?

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Chair, did you still need Ms. Russell?

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Well, she yielded to the swamp poodle.

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I suspect she still has something she wants to say.

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Pardon me.

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Something new and different.

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Ms. Russell, you can unmute yourself.

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Thank you.

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are you still there

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any questions from the board can i just add for the record mr chair that based on her prior

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testimony her address is 1630 on west susquehanna which is over a mile away from this property

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planning commission

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i'm bednar city planning uh this property is indicated for residential use on a city plan

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based on our recommended district plan remapping proposal we have no objection to the granting

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events. Thank you very much. MI 2020-0032573216 North 16th Street. My vote is yes. Were there

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revised plans? There are. There are two pages. Two pages with proviso. Two pages approved today.

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My vote is yes with proviso. Yes with proviso. Yes with proviso. Yes with proviso.

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so thank you uh that concludes the two o'clock list uh what time is it that's um we'll take

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a 10 minute break get back around four o'clock and we'll go into the 3 30 okay okay thank

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you thank you everybody appreciate your time yes we are live and you are recording

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do you need any time no chair we ready when you are hey thank you good afternoon everyone my name

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is frank t chico i'm the chair of the zoning board of adjustment i'll be participating in today's

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hearing along with our vice chair miss carol tenere board secretary confessor plaza and board

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members mr thomas holloman and mr james snell board administrator miss lakeisha dandy and our

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board attorney Ms. Sharon Saleta are also in attendance. For those of you who haven't yet

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participated in one of our virtual hearings, I'll go through some of the basics of what you can

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expect. First, we will be administering oaths to individual participants prior to their testimony.

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Second, we'd like to advise everyone that this proceeding is being recorded and that by

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participating you acknowledge your agreement to be recorded and that this recording will be

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available to the public on the web or otherwise. Third, for anyone participating by phone,

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if you wish to testify, you must raise your hand by hitting star 9 and then star 6 to unmute

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yourself. I'll repeat, for anyone participating by phone, if you wish to testify, you must raise

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your hand by hitting star 9 and then star 6 to unmute yourself. Finally, to make an appearance

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statement call google 267-270-5548 and leave your email address and the address of the property at

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issue i will repeat to enter an appearance statement call google 267-270-5548 and leave

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your email address and the address of the property and i would also like to remind everyone please

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Please do not attempt to testify in the chat.

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Any comments should be directed to our Board Administrator, Ms. Dandy.

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With that, I will now read off a list of continuance for the 330 list, MI 2020-002603.

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That's number one on our list, 100 East Allegheny Avenue, request for continuance.

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also request for continuance for number five on our list MI 2020-002-605-2721 West Cabot Street

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and I'll ask anyone if they object to those continuances to raise your hands at this time

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no hands at this time chair

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Thank you. I would now ask if anyone would like to request a continuance or withdrawal

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to raise your hand please. Chair, I have Richard DeMarco. Mr. DeMarco you

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can unmute yourself and speak to a continuance. Mr. DeMarco, good afternoon. Please identify

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yourselves by your name and I'll swear you in. Good afternoon Mr. Chairman. Can you hear me okay?

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Hi, we're here on the MI 2020-002683-3959 Lancaster Avenue.

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I represent SAM Development, LLC, which is the neighboring...

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I represent Sam Development, LLC, which is the neighboring property.

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And you're asking for a continuance?

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Asking for a continuance.

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I can report that I spoke to the applicant's attorney, Sherman Toppin, yesterday.

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You should probably promote him to a panelist as well.

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He's the applicant's attorney.

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I spoke to him yesterday.

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uh to summarize the good news is he has agreed to the continuance and to a another rco meeting

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my client was um unaware okay we we do have that from uh mr tober so that your okay will be

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continued okay so that's that's fine i understand it is agreed to so um we wanted we do want to

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state on the record, though, we do want to attend an RCO meeting, and I believe Sherman has agreed

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to that. That's all, Mr. Chair. Very good. Thank you. So MI 2020-002583-3959 Lancaster Avenue is

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continued. Any other requests for continuances or withdrawals? Yes, Chair. I have Mr. Allen.

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Alan you can unmute yourself. All right thank you very much. Good afternoon. Please identify

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yourself for the record first and last name. Yes good afternoon Mr. Chair and members of the board.

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Alan Nockamson of Nockamson PC 123 South Broad Street Suite 1600 Philadelphia PA 19109.

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We're in the firm to tell the truth the whole truth nothing but the truth. I do Mr. Chair.

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Thank you. Please proceed.

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Yes, we are asking for continuance of 1713 Cybert Street.

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Okay, that's number two on our list. MI 2020-002-607-1713. Cybert Street is continued.

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Mr. Chair, we would ask that it must be heard. We've been trying to get in front of this

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uh community group for some time and i just want to make sure that if we cannot

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if we cannot get a community meeting by the next hearing it must be heard

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so noted that case will must is continued must be heard thank you mr chair thank you

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anyone else

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oh man i lost everybody

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no more names at this time chair okay uh carol i believe we go to number

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three on our list calendar number 0085 1800 west ontario street

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the owner is janet mcdaniel

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she's coming in now as a panelist um miss janet you can unmute yourself

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can you hear me

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Miss McDaniel can you hear me? Yes I can hear you. Can you put your name and address on the record

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and spell your last name please? Janet McDaniel M.C. D as in David A.N.I.E.L.

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and your address 1100 Whitby Avenue Yadin Pennsylvania 19050 do you swear or affirm

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to tell the whole truth and nothing but the truth yes and have you emailed an exhibit packet with

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the required documents they consist of proof of ownership tax compliance of refusal or referral

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photos and or plans of the property five days in advance of this hearing and have you met with the

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RCO and do you have a letter no I don't have a letter um is it yes is it yes to everything else

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yes you've met with the RCO I met with the RCO twice um and I didn't meet with him a third time

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they were not able to another hearing pardon me they wanted to postpone it because some people

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were not able to make it to the uh last rco meeting we have to continue this

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um excuse me chair she's had two meetings she has met with them twice

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you're right she did say that yeah

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you're right she did say that yeah apologize ma'am you said you met with them twice

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Thank you.

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yes and they were they were still asking for a third meeting yes why don't you tell us what

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your uh talk to us about your application tell us where you are um you and by the way excuse me

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you own this property right are you not are you an llc or a uh non-profit no neither one

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okay so please proceed um i own the property at 1800 west ontario street i also own the property

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at 1802 west ontario street um at the first rco meeting there was concern um the proposal

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at the first rco meeting there was a proposal to um for six apartments and um i could leave

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the space on the bottom for a commercial space i went back and we redid the application

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um because if that was a concern for the rco i didn't want to have any objection the next time

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so ma'am pardon the interruption do you have any exhibits you can share with us um let me see

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which one what well some floor plans what the prop you know layout of what you're proposing

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to do with the property uh yeah uh someone else is doing that he has that is that someone else on

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It should be.

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Excuse me, this is Sharon.

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Patrick Jones is assisting her if he could present the exhibits.

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Yes.

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Will he be able to raise his hand?

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Well, he was on.

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I'm not sure.

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He was on.

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He's coming in now as a panelist.

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good afternoon chair members of the board my name is patrick jones p-a-t-r-i-c-k jones j-o-n-e-s

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my address is 944 east rittenhouse street i am the uh expediter for the for the um the owner of the

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building well the owner has to testify mr jones but do you have any exhibits you can put up while

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she's speaking yes sir please do that thank you and do you swear well they swear and affirm to

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tell the truth, the whole truth, nothing but the truth.

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Yes, sir.

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Again, the owner, Ms. McDaniel,

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she's the one who has to testify.

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I understand.

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So if you can get your exhibits up,

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Ms. McDaniel, you can follow the exhibits

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and briefly explain what it is

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you're proposing.

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Ms. McDaniel,

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you can unmute yourself.

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currently the property at 1800 West Ontario street is a single is zoned as a single family

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um it had been vacant for a long time now I'm proposing to put a put four apartments two on

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the second floor I mean I'm sorry on the third floor and one on the first two a two-bedroom

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on the second floor and the two-bedroom on the first floor. Again, it would be helpful,

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Mr. Jones, if someone could put up some exhibits. I shared my screen. I'm not sure

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why you're not seeing it. Not coming up. We have nothing. I've shared my screen.

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Mr. Jones, did you hear it go? Coming up now. Okay. Excuse me. This is Sharon. Can I say that

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I did find a letter from Tioga

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United, the coordinating RCO.

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They said they did not reach an agreement

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on the application and

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are not taking any position.

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Thank you.

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Mr. Jones, we got

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some of the floor plan, but we got

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a lot of the other stuff, like

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an index. So if you can

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clean that up, that would be helpful.

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Yes, sir.

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how's that

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good

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slightly larger would be helpful

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I can slide it around if you if you need me to so as she talks about each floor

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I can slide it around to you that would be helpful thank you there were exhibits actually

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submitted I'm not sure if you guys have it in front of you or not

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The board does not, but our council does.

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Okay.

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So, Ms. McDaniel, if you can continue. Thank you.

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Okay. On the third floor, I'm proposing to put two one-bedroom apartments. On the second floor,

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um two um no i'm sorry it's one uh bedroom i'm sorry two bedrooms on the second floor

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and two bedrooms on the first floor so it will be a total of four apartments um

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what's what's all like you said two on the first floor two no a two bedroom on the second floor

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a two-bedroom on the first floor, two one-bedrooms on the third floor.

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Oh, so it's six units altogether.

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No, no, four units.

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A two-bedroom on the second floor, two-bedroom on the first floor,

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and two units on the third floor.

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Oh, okay, the bedrooms as opposed to units.

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Okay. So it's four units. That totals whatever it is, bedrooms, four bedrooms, six bedrooms, whatever.

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All right. Do you have any photographs of the property?

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Mr. Jones had the photographs.

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Is there a rear yard?

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Yes.

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Was it accessible for all tenants?

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Yes.

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