civus
Hearing video

ZBA Hearing - August 4, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Aug 4, 20215h 51m

from the 32nd Ward RCO. This is a pro se case. Linwood Jones. And this was a must be heard.

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Mr. Jones has been promoted to panel. Thank you. Please identify yourself with a record

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spell your first name a full name and i'll swear you in uh lenwood jones l-e-n-w-o-o-d-j-o-n-e-s

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we're affirmed to tell the truth the whole truth nothing but the truth

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yeah thank you please proceed mr jones have you emailed an exhibit packet with the required

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documents proof of ownership proof of tax compliance copy of the refusal or referral

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photos and plans five days prior to this hearing? Yes, sir. And have you met with the RCO and have

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a letter? Yes, sir. Thank you. Please proceed. Thank you. Chairman. Yes, please proceed. Can you

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uh share your documents on the screen please uh me yes oh we we don't have any documents to show

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that i thought we sent them all in to the uh to the board believe the last time you was here we

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have told you that whenever you're ready to present your case you

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yes sir the last document that we sent in uh was the letter from the rco that's what we needed

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that was required what about plans there was no everything was already it was we're just trying

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to improve the existence of uh what it is now what it exists as yeah we need to see if you got

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to put it up on your screen so that we could see what is it that you're trying to do well we're

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just trying to legalize the the its existence right now so of course we understand but we

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we have we need to see what it is you're asking us to legalize

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and that was explained to you back in i believe april you when you had

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you had an attorney miss pritzker representing you then no sir

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no that was a different case oh i'm sorry i'm looking at the wrong one my apologies my

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apologies that's the next case no problem so sharon do we have any exhibits

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problem so Sharon do we have any exhibits we do chair perhaps you could move this to the end of

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the list and I could email the exhibit packets to the board members okay we'll go to number nine

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Thank you. MI 2020-001-741-441 East Washington Lane.

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Logan Dry is coming back in as a panelist.

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No, Logan is the architect, right?

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is the applicant or owner or attorney here we don't have one listed this is an llc

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must be have a have be represented by council is there anyone here for 441 east washington lane

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there was a letter sent by rachel pritzker uh right withdrawing this uh application

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No, she did not withdraw the application. She withdrew her. She is no longer the attorney, but the case is still active.

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Right. Anyone here? One more time for 441 East Washington Lane.

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I see no hands, Chair.

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All right. MI 2020-001741, 441 East Washington Lane. My vote is to dismiss.

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Confessor Plaza, my vote is to dismiss.

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Thomas Holloman, my vote is to dismiss.

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Thank you, and correct me if I'm wrong, I believe we go to case number 11 and 12.

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I think they were somewhat connected, right?

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MI 2021-001485, 5212 Beaumont Street.

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and uh mr slepner is representing mi20 excuse me this is sharon i'm not

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i'm actually not certain if these should be called together could you ask mr slepner

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thank you just i was just about to do that thank you uh good morning um mr slepner are these cases

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related uh they uh nominally yeah they're owned it's the same uh developer same owner um

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um and why don't we do this we'll hear him separately all right yeah that that's okay

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thank you okay so let's hear mi 2021-001-485-5212 beaumont street we'll go okay um good morning

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mr chair good morning mr slepner you agreed a way to read in of its refusal and stipulate to

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its accuracy i do and have you emailed an exhibit packet with the required documents

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proof of ownership proof of tax compliance copy of the refusal or referral photos and plans five

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days prior to this hearing yes we have and have you met with the rco and have a letter yes we have

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and yes we do thank you you've been sworn in already i was sworn okay you're still on the road

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thank you thank you okay uh good morning mr chair members of the board isaac slepner with

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Mattione Limited for the owner of 5212 Beaumont Street, Easy House Cash, LLC. My client, LeVar

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Clark, who is the member of Easy House Cash, LLC, is on this call also. And our architect,

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Logan Dry, is also here. Without further ado, I'm going to jump into our printed materials,

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if I may, if I may share my screen. All right, here we go. Nope, 5212 Beaumont. Nope, sorry.

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Let me start from the top. 5212 Beaumont Street. I'll start right off the top. Can everybody see

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my screen yes all right and uh actually let me go full screen here nice bear with me here

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i know there's a way to full screen it oh all right if everybody can see it i'm just going to

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proceed uh this is their certificate of tax clearance um issued on july 21st valid through

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820 for Easy House Cash, LLC owner of 5212 Beaumont. Item two is our notice of refusal,

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which we already stipulated to. Item three is a RCO letter of support from the 51st Ward

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Democratic Committee, which is the coordinating RCO for this property. The letter is dated July

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30th. I believe the board has received this separately from the RCO chairs, but if not, it is

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has received this separately from the RCO chairs, but if not, it is right here before you at this

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moment. As you can see, we met with the RCO twice on this and they are offering us support. They

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didn't note their vote totals, but they did note that they are supporting us on this project and

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on our variances sought. There are a lot of RCOs in this neighborhood, by the way, as you can see

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on all the CCs down here. But this coordinating RCO was the 51st Ward Democratic Committee.

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Exhibit four is our site plan. And I am going to tilt this this way. And I'm actually going to,

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As you can see, it's a three-story. It's planned as a two-unit property. It's on an RSA-5, so the variance we're seeking is for use.

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This is the site plan. As you can see, there's Beaumont Street, front steps. This is the building footprint.

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There's a rear yard, and there's also a roof deck proposed.

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uh exhibit five are our floor plans so it's a two unit um and the units would be the first floor and

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basement would be one unit second floor and third floor would be a second unit the first floor would

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have um you know access from the front door egress well at the basement level at the rear and also

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use of the rear yard second and third floor would have uh access to the roof deck so the roof deck

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would not be for the whole building would only be for the unit to the second third floor unit.

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This is an elevation front and rear. It's pretty much designed to, you know, match other design

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and development in the neighborhood. This is a rendering. Exhibit six is a rendering of what it

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would look like, you know, brick with the stairs going up to the side, some large double home

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windows this bump out and um parapet there uh with the five foot setback um exhibit seven

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are some photos and i'll just take you through these quickly um

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this is the current view of 5212. 5212 uh these vacant are actually two right about where the

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rear bumper of that car is over to the left. That's 5212 Beaumont. Here's just another view of it.

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Again, as you can see from that stucco wall there to about the rear bumper of that car,

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that's the footprint of 5212. And as you can see right now, it's vacant.

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And these are photos of our orange poster that went up at least 21 days ago.

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at 5212 Beaumont. I think we have three photos of that.

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Just want to make sure everybody gets a chance to look at them. There's a second photo, third photo.

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And Exhibit 8 is our application, our initial application.

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As you can see, it was filed on 3-25-21, timely. Exhibit 9 is our project information form with

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all the information that the city requests from us. Exhibit 10 is an affidavit of service

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of our notice to the neighbors of the community meeting. This was signed and sworn on July 19th.

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The notices were sent out on July 15th and this is a copy, Exhibit A, to this is a copy of the letter

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that we wrote to the neighbors regarding 5212 Beaumont and as we cc the council member's office

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all of the related RCOs and a lot of people got cc'd on this again as I mentioned there are a

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number of RCOs attached was our original notice of refusal and exhibit b are all the addresses

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that we mailed exactly as instructed by the planning commission so it's a pretty dense

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neighborhood in that part of the city so there's i would say at least about 100 150 addresses that

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were mail dropped uh and then exhibit 11 is the deed and you'll see that my client purchased this

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uh and recorded the deed on uh 8 9 of 2018 um at sheriff sale and conveyed to easy house cash llc

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um that is all i have at this time and um any questions from the board so if you uh you have

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your client? Yes, I'd like to call my client, LeVar Clark. Mr. Clark, please unmute yourself

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and wait for the chair. Yes, I'm here. Mr.

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yes i'm here uh mr clark um excuse me mr slepner mr clark please spell your full name

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and i'll swear you in uh name is lavar clark l as in larry e as in edward v as in victor a as

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an apple r as in robert clark without an e where from to tell the truth the whole truth nothing

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about the truth yes please proceed mr slatner okay uh mr clark are you the uh member of easy

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house cash llc yes i am and did you hear all the testimony that i offered to the board today

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yes i did and would you adopt that testimony uh as though you yourself had given it yes i would

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thank you i have nothing further questions from the board no

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Anyone else like to testify in this case, please raise your hand.

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Here we have Carmen.

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Please unmute yourself and wait for the chair.

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Good morning.

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Good morning.

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Ma'am, please spell your full name.

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c-a-r-m-e-n my last name fermandois f-e-r-m-a-n-d-o-y-s you swear affirm to tell the

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truth the whole truth nothing but the truth i swear yes and please proceed uh i live in 1338

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Wilton Street. I participated in the meeting two nights ago. We received the letter from

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the lawyers and the office of the developer like three days ago. So it hasn't been a long time for

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us to... Let me ask you, ma'am, I need to interrupt. You said you live on Wilton Street?

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yes you're here for the cases that'll be heard this afternoon i believe oh i'm really sorry

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no problem those that case will be heard in the 330 list

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okay thank you anyone else to testify yes chair we have andrew goodman please unmute yourself

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mr goodman and wait for the chair thank you mr goodman you know the drill please

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identify yourself and i'll swear you win good morning andrew goodman g-o-o-d-m-a-n

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you're representing the office of third district council member jamie gaudier room 586 city hall

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you swear for him to tell the truth the whole truth nothing but the truth yes i do

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thank you first i just had uh wanted to ask a point of clarification um since our office hadn't

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received any rco letter until i saw it pop up on the screen um so i was wondering if we could go

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back to that to clarify i didn't see i saw the normal meeting summary with where the vote is

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normally tabulated but didn't see any actual numbers of people in the vote so i was just

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wondering if council could clarify what happened there mr slush did point that out there is a box

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the box is checked in support but there's no uh count no number of yeah that um this is what the

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rco had sent to us i can share it again if um yeah could you do that would you do that sure

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thing bear bear bear with me like here we go all right 5212 beaumont and you're interested in

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seeing the rco letter one more time sure uh here we go exhibit two nope that's our notice of refusal

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Exhibit 3, meeting summary form. I mean, I'll just scroll through this slowly if you want.

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As you can see, the RCO has adopted a position of support for the construction of the two family, noting that the two meetings were held, that the final position was one of support.

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They didn't list a vote total. I'm not sure why. That might be something you would want to inquire.

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This is, you know, late, late information. So I just wanted to see if there was any clarification.

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I understand.

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And so, yeah, and so there is, I think there's a certain amount of, I don't know if confusion

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is the right word, but I'll use it just because there are probably between eight and 12 very

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similar zoning variance applications, all by the same applicant, all within a couple

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all by the same applicant all within a couple blocks of one another so that's why and there's

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blocks of one another.

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So that's why, and there's obviously a bulk of them.

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obviously a bulk of them that are being that are going to be discussed later this afternoon so

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i'll hold the bulk of it for that um but you know based on the relatively kind of based on how

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recently this area was remapped and certainly based on concerns that we've heard from neighbors

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on comparable blocks nearby um our office our office would oppose the granting of this variance

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mr goodman um would it be helpful if uh mr slepner or your office reached out to the rco

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to find out why they did not put a vote count in there it would be helpful yeah absolutely

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you know i you know i take mr slepner at his word that the letter is accurate

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it uh so i'm not sure if you're basing the opposition on the fact that there's no vote

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count or based on what you know about other concerns in that community i think it's well

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it's both and i think our question would be you know obviously every block is different right and

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so we would want to be we would want to be making sure that there were near neighbors on that block

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that were that were part of that that were part of that meeting and part of that vote

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and because the next case that mr slepner has is for 5307 chester apparently from the same

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developer yes and i haven't seen the case information yet but my guess is it's going

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to be similar but we'll wait till we get to that one yeah i don't know if it's the same applicant

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but it is in the same area what i would suggest is that we'll close the record uh and the board

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will uh no actually not close the record um what i would suggest is we uh have a resumption

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hearing strictly for the purpose of uh feedback from the rco

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does that make sense that way rco and the councilwoman's office yes and the council

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that that way you mr goodman your office will have clarification

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well i would um i would just say you know we have a letter from the rco right here i again i'm not

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sure why they didn't include the specific numbers um i can certainly ask them as well i'm sure mr

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goodman will as well um we we can have that done by next week i mean if you reach out to rco and

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they submit a letter to to the board and to the councilwoman's office uh that that would i think

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be helpful i think i understand mr goodman's position uh based on some of the other opposition

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uh for other applications in that in that area so i think for one week mr slepner i think will

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make everybody put everybody in a more comfortable position chair would it be enough and mr goodman

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if um the record were held open only for mr goodman to um again offer the councilwoman's

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recommendation after he has had an opportunity to yeah that's where i was going yeah something

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like that okay yes thank you and i appreciate the opportunity to get more so mr slepner you

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can get this done in the next 24 hours i'm sure it's to us and and and to the councilwoman's

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office yeah um i can do that uh will this be listed for next week um we can do it as an add-on

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can't we uh sharing yes yeah we'll do it unless miss unless miss sunkett objects to that won't

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be any testimony you'll just be reading the nope it's totally fine okay okay i i may have a well

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i can get this done behind the scenes you know between today and tomorrow today and the end of

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the week we won't need your appearance we will just vote it up or down at that time all right

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Well, we will need Mr. Goodman's appearance only to testify as to whether the councilman's position has changed.

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Understood, but Mr. Schleppner, we won't be.

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Yeah, I understand. I guess the only other thing I would offer is that, you know, this this whole neighborhood here was rezoned at the end of 2019 with a rezoning bill that was introduced by Councilmember Blackwell as she was leaving office.

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And for years and decades before the hand had been zoned RM1. So, you know, that's really the only real reason we're here in the first place. I would just leave that out there on the record as well.

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Okay, understood.

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Excuse me, this is Sharon. Two questions. First, Mr. Slepner, is the same issue going to be raised in the next case?

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the next case is a very similar it's the same ownership um it's you know a different address

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obviously we have a letter from the same rco from 51st world democratic

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We have a letter from the same RCO, from 51st Ward Democratic Committee, and I'm looking through my materials right now.

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This letter doesn't seem to have a vote count either.

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So, Mr. Goodman, would you want to have that held until next week as well?

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If possible, it would be very helpful, but I'm not understanding that.

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We'll do it that way. We'll just hear this case and do the same.

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Sharon? One more thing. Have we heard the Planning Commission's recommendation?

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I didn't get to that yet. Oh, I'm sorry. Sure. That's okay. We were asking for comments and

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Mr. Goodman raised his hand. Thank you. I appreciate the consideration. Not to interrupt.

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