civus
Hearing video

ZBA Hearing - February 8, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Feb 8, 20234h 56m

which was read into the record.

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And here, you'll note that the ZBA has previously granted a variance for a three-family household living, and that has been active since September 8th, 1954.

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So what we're seeking here is just to add one more unit to the residential household living.

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Here is our application for appeal, which, you know, also includes the visitor accommodation

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request which we're withdrawing today.

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Project information form, and here are some photographs of the posting.

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which was done on 1-16-23 so you could see they're on the railing in front of the house

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And here are some floor plans and interior photographs of the property.

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and here are some floor plans and interior photographs of the property

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Let me make this a little bit smaller so you can see.

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Okay, so this is the top floor here and you'll notice that each unit has a bedroom,

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a living space, a kitchen, and bathroom. It also has a washer, dryer, and dishwasher in each unit.

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And currently, the top three above-ground units are being rented by tenants, and the basement

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unit is vacant. However, the basement unit used to be occupied by the prior owner.

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I want to show you here, this is where I live, and here's the property in question today.

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So we're very close by, we actually can see the property from our backyard. Here's a street view

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showing that there's parking along the street here you notice the property is a twin

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we're over here on the left hand side and again the above ground units the three above ground

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units are being rented right now there's here's the backyard there's a shared staircase and each

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unit has a private entrance. This is a basement unit that's currently vacant.

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You'll notice that there's a window right here and the floor to ceiling height of the unit is

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seven feet. And this is, you'll notice also that the basement unit has two access points.

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One is from the shared staircase that I mentioned before, and one is right to the backyard.

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So these stairs are actually right over here on the side of the house.

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Here are some photos of the first floor, second floor, and third floor unit.

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Here is our letter from the RCO.

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I'm sorry, this is a letter we sent to neighbors, excuse me, about the RCO hearing.

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Here's our certificate of mailing.

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And here is our letter from the RCL showing support for this use.

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and here's the property certificate showing that there's a three-family dwelling unit already

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the variance has already been approved by the ZBA

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from 1953 so here's all the paperwork for that

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and this is just a zoning map showing that we're in an RSA 3 and here's the zoning

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bi-right summary information. I think that's it.

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Okay. Can you hold for just one moment?

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Sure. Okay.

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Sorry about that.

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i think i i've shared everything is there any you have someone and uh swear on to this uh

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the owner so you're the owners i guess you'll be swearing to the testimony of which you've

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given so let me get any any questions from the board no mr chairman no mr chairman

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No, Mr. Chairman.

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Questions from the audience?

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No, Mr. Chairman.

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Yes, Chair, we have Charles Richardson.

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Mr. Richardson.

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Good morning again, Mr. Chair.

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

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So just wanted to say the councilwoman has no opposition to granting the variance for the four multifamily units.

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But as the visitor accommodations have been withdrawn, she originally had the opposition to that, but there is no opposition to that now.

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Got it. All right. Thank you.

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Anyone else in the audience?

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I see no handshare.

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Planning Commission.

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Thank you, Chair Shahid. This is Ian Hegarty with the Philadelphia City Planning Commission. Last name is spelled H-E-G-A-R-T-Y.

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You swear to tell the truth, the whole truth, and nothing but the truth?

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Yes, sir, I do. Thank you.

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Please proceed.

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Good morning, Board members. The comprehensive plan recommends no change to the existing RSA 3 single-family zoning at this location.

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This proposed use is a legalization of an additional dwelling unit in the basement of the building.

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Given that the existing improvements to the basement appear to be permanent and longstanding

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and that the current owner did not add this unit,

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City Planning Commission recommends that the board grant the variance for an additional dwelling unit

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and affirm withdrawal of the request for visitor accommodation use in this structure.

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Thank you.

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MI-2022-005265, 7323 Blyan Street, I vote yes with proviso, variants granted for multi-use

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family household living only.

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Thomas?

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James Snell my vote is yes Jim did we get you I was gonna say sorry Mr. Holloman is your vote

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with or without the proviso

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Thomas Sullivan my vote is yes with the proviso thank you thank you

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James Snell my vote is yes with proviso thank you this right here votes passes

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thank you

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mi2022005268

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4226

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Ogden Street

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Zen Jin is the attorney

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Harmony Investment Group

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LLC

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Mr. Jin is coming back in

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as a panelist

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hillary can you read the uh refusal and please

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uh this applicant is represented by council and we don't need to uh read the refusal in on the

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council request got it thank you good good morning good morning council uh please state

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your name and spell it for the record yes my name is zenjin z-h-e-n last name j-i-n 1617 john f

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kennedy boulevard suite 1838 philadelphia pa 19103 here on behalf of the applicant

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do you swear to tell the truth the whole truth and nothing but the truth

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i do can you please uh tell us about the client that you represent please uh yes my client is

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the owner of the property uh harmony investment group llc and mr bader is here today on behalf

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of the llc thank you uh our board member uh thomas holliman has a few questions you need to ask

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in this situation with this property uh there is a uh corrected not a corrected but an amended

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refusal being applied uh for because of some changes we agree to uh miss uh emerson's aware

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of that and i i would otherwise stipulate to the accuracy of the refusal okay hey tom you're going

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in now so i'll i'll jump in um have you emailed all of the exhibits five days in advance into our

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into our offices uh for this yes yes all right thanks please proceed thank you i'm going to

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offices for this case?

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Yes, yes.

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share with the board the uh information that we previously submitted with this application

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this is an application that was before the belmont civic association for review i am going to go to

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the refusal uh this again is under an amendment request that the board has authorized authorized

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and it's still pending so we asked the board to hold the case at the end pending the the amended

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refusal however our original refusal is for a cmx2 zone district to the proposal is to build a

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multi-family structure only without the commercial this property is a corner lot and at the location

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that it is located in a commercial use on the first floor is not very viable we actually met

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with the rco who supported our request with some stipulations which led to the amendment request

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one is that they understand of course with the conversion of the commercial unit to a residential

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it would become an additional residential unit but they asked that we reduce our original request

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of six units to five which we are in agreement with also the community has concerns with roof

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decks and ask that we do not have a roof deck on this building which we also agreed with commercial

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trash pickup and designated trash area in the rear of the building with mark hands that was also

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added to the site plan so the revised building plans basically the community just want to make

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sure that the building will be built according to the revisions of the five units and other items

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so we're in agreement with all the community's requests with regard to this property it is a

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again a large corner property which is in a commercial district and because of its location

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and because i'm sorry it's zoned commercially but because of its location everything surrounding

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this property is residential and therefore we believe a residential use of the first floor

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makes more sense at this particular corner than a commercial use the layout of the property also

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with the way it is designed we're leaving the rear yard space it's a rather large rear yard

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it meets the open space requirements we'll be placing trash inside that area which will be

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enclosed i'm going to zoom in so the board can see better what what the plans look like

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if you could just give me one moment

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My apologies, I'm having a little issue with the zoom on this.

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So we did mark clearly the trash bins in the back for the five units.

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It is accessible by all the units, which makes it easier for them to be properly used.

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The building is otherwise brick facade and will meet all the dimensional requirements of the code.

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We also have provided a handicap accessible unit on the first floor, which actually allows, that's why there's a ramp design, so it allows handicap access.

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The rest of the units are essentially bi-level units in the upper floor.

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There's a front and a back bi-level unit.

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And then you have the first floor, front, back, and center unit.

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That makes the total of the five units.

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With the community's support of the changes, and given that a commercial use would be difficult in this area,

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we would ask the board's favorable review of this request for the variances that we're seeking.

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Thank you.

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my client is here to verify my testimony and i'm happy to answer any questions or redirect

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to any part of the exhibit okay let's get your client on the line yes yes mr bader can you

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raise your hand virtually virtually mr bader please unmute yourself and please wait for the chair

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hello

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please please state your name and spell it for the record

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my name is chagai bader c-h-a-g-a-i my last name is bader b-a-d-e-r

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you swear to tell the truth the whole truth and nothing but the truth

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yes please proceed counsel thank you mr bader did you see my presentation

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and hear my testimony before the zoning board?

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Yes.

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Yes.

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Can you verify what I have represented is true and correct and adopted as your own testimony?

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Can you verify what I have represented

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is true and correct and adopted?

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Yes.

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Thank you.

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Thank you.

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Questions from the board?

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No, Mr. Chairman.

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No, Mr. Chairman.

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Questions from the virtual audience?

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I see no hands, Chair.

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Planning Commission.

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Thank you, Chair.

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board member holloman your mike is feeding back thanks um board members the comprehensive plan

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recommends no change to the existing cmx2 mixed use zoning at this location however given the

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relative lack of commercial activity at this corner city planning commission uh agrees with

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the appellant and recommends that the board grant the variance for ground floor residential use

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the proposed amended dwelling unit count of five is consistent with the spirit of the zoning code

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which would typically permit four dwelling units and one commercial unit. City Planning Commission

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recommends that the board grant the variances with proviso as amended by applicant. Okay so

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this record will be closed on this case and we'll be holding this case pending the receipt of the

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amendment and the reflected revised plans. Hillary do we have a date when we're going to go back at

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this? No, we are going to wait to hear from Mr. Jinn. Yes, I will provide the amended refusal as

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soon as it is received. Thank you. Thank you, Mr. Jinn. Thank you. All right. Next case,

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number eight, MI2022005212. 2025 North. Excuse me, Mr. Chair. Can we actually move this case

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to the end, council has a scheduling conflict.

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They should be available by the end of the list.

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Okay. Thank you.

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Number nine, MI

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2022-002210

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1814, North Van Pelt Street.

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Michael, I don't want to butcher that up,

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attorney of owner parish is council available good morning vice chair

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michael mclehoney m-i-c-h-a-e-l m-c-i-l-h-i-n-n-e-y council for parish condominiums llc

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the owner of 1814 van felt and 1816 van felt there's two that are being done together

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okay uh do you swear to tell the truth go ahead mr chair you swear i'm in do you swear to tell

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the truth the whole truth and nothing but the truth i do all right hillary i don't see uh 1816

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that's number 11 mr chair if you could read that one into the record as well

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you can hear them together i'm going to also read number 11 into the record mi2022002209

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1816 north van pelt street as well and may i share share my screen uh yeah uh so we're going to

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ask a few questions good morning good morning council good morning do you read the way

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morning do you read the way the reading of refusal and stipulate the accuracy yes we do yes we do

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We did meet with the RCO. They have not provided a letter.

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Thank you.

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Thank you.

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Okay, so just before we get started, we have not received the RCO letter as of yet.

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So if you can get that over to us, that'd be great.

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And Mr. Chairman, as part of my packet at Exhibit 16, I did include the email chain with the RCOs.

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I've spoken with St. Elizabeth's emailed, text, phone calls, and they have not responded.

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So there is no letter to produce, and I'm not sure if they will produce one.

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I also spoke with the 32nd Democratic Ward, who's another RCO on this project, and requested that they either submit a letter or participate.

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I have not received a response other than Ms. Judas Robinson, who runs that RCO, was going to speak with St. Elizabeth RCO to request a position letter.

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But I have not received any feedback from any RCO at this point.

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Mr. McElhaney, just a question. I saw the RCO meeting was in June, last June, with St. Elizabeth.

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with St. Elizabeth? And was there a follow-up meeting as well? Yeah, so we met with St. Elizabeth

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And was there a follow-up meeting as well?

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Yeah, so we met.

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