civus
Hearing video

ZBA Hearing - April 2, 2025

Philadelphia Zoning Board of Adjustment (ZBA)Apr 2, 20257h 53m

Well, if it's required by L&I, of course, we would have to get one.

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But, you know, it's that it's it's used as accessory to a residential property.

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But no, we have no objection.

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Not at all.

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OK, any other questions?

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Questions or comments from our attorney?

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Not at this time, Mr. Chair.

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Questions or comments from the virtual audience?

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I do not see any hands, Mr. Chair.

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OK, planning.

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Thank you, Mr. Chairman.

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and good evening david fecto with the city planning commission chairman and board members

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chairman and board members the comprehensive plan recommends no change to the rsa5 residential

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the comprehensive plan recommends no change to the rsa

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single-family zoning at this location proposal for a one-story non-accessory garage matches the

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character of the homes on this block base the city planning commission recommends that the

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board grant the proposed use variants for non-accessory garage and the proposed dimensional

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variance for a side yard but okay um hillary the the they have to still get a permit right

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there's no permit no permit for a garage okay all right well all right i was gonna say i think it

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depends on the size doesn't it if it's if it's above a certain i may if i may yes we we we need

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we we yeah we need we need the variance in order to get our building permit so if they if if pursuant

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building permit if a co is required obviously all right we will have that inspection yeah so

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then it's big enough because i know it's over a certain size it requires a building permit so

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and it has a foundation mi 20 24 005 841 40 10 palmetto street i vote yes michael johns my vote

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is yes cheryl gaston my vote is yes tenetta graham my vote is yes i would my vote is yes

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Thank you.

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Thank you.

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Thank you, Sean.

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Number nine, is this just an update from the lawyer?

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No, we decided not to hear this case previously because we did not have interior photos.

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No, no, because we didn't have interior photos.

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So all documents have been provided, and the attorney can proceed.

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Oh, he is?

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Okay.

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Yes.

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All right.

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MI 2024-005-849-4800 Bingham Street.

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Nixon Cannaw is the attorney.

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Sure, thank you.

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I'll be back in as a panelist, Mr. Chair.

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Okay.

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Council?

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Do we see the council?

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Yes, he's in, and he's unmuted.

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Mr. Conner, are you present?

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Nixon?

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Nixon, Conner, are you present?

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He may be having technical difficulties, Mr. Chair, if you want to come back to this.

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Okay, so let me move to the next one, then I'll check when I come back, okay?

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Understood.

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MI 2025, 001-005, 3700 to 40 Kentington Avenue.

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Isaac Slepner is the attorney.

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um we have a letter here from um the rco and also um council member lazada has sent a letter

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of non-opposition and how are you he's coming back in all right nixon yes um could you turn

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on your video yeah could you turn on your video please

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nixon

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yes i i could you please turn on your video

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what do you say

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mr connor we cannot see you on our screen right now

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Well, okay.

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We're struggling seeing him too.

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All right, sir, I'm going to move on.

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I'll be back to you in about 10 minutes, okay?

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I got one other case here.

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So number 13, MI 2025, 001-005, 3700-40, Kensington Avenue.

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Isaac Slepner is the attorney.

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This is a reconsideration hearing.

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Thank you.

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They should be coming back in as a panel as well.

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Thank you very much.

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good afternoon i guess good evening mr chair and members of the board i'm not sure i guess it is

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the evening right thank you so would you please state your name and spell for the stenographer

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yes uh thank you isaac slepner i-s-a-a-c last name slepner s-l-e-p peter n norman e-r

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counsel for the property owner,

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Loveland Street, LLC.

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Do you swear or affirm to tell the truth,

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whole truth, nothing but the truth?

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Yes, I do.

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Do you waive the reading of the refusal

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and agree with its accuracy?

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Yes.

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And all your documents were in prior?

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Yes, they were.

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So this is a reconsideration hearing, right?

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Right. This is a reconsideration hearing with regard to his property.

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What we want to do is. Here's what we're going to give us an update, proof of your posting and tax clearance, right?

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Yes, Mr. Chair. We have a letter of opposition from the council person and a letter of support from Harrogate.

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And what we want to do is make your presentation on what what you think improved the last case since last time.

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Understood, Mr. Chair. So I'm going to go ahead.

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Sorry, I just want to interject briefly just to note that the evidence and testimony from the November 6th, 2024 hearing is incorporated into the record for today's reconsideration hearing.

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As you mentioned, the scope of today's hearing is limited to the applicant presenting new

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or updated information about the project not previously presented to the board, and public

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testimony will be limited accordingly as well.

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Thank you.

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Thank you.

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So we have just a few items to which this presentation is going to be limited, and I'd

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like to share my screen if that's possible.

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Here we go.

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All right, I'm going to go ahead and share my screen, and then everyone should be able to see what I'm also looking at.

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And there we go.

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You're coming on now.

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You're coming on.

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Okay, great.

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So I've taken this case over recently from Sean Ward, who we just heard from, and the request for reconsideration is limited to a few items.

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Floor plans better projecting the ingress and egress from the parking lot and outside into the building and then also from the first floor to the elevator bank and the elevator bank to the second and third residential floors.

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So I'll start there. This is a very large site plan. So where I am circling my mouse right here is going to be the residential lobby entrance.

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And you can also see here that this is the exterior trash pad, and you can see here that there are, I believe it's 54 or 55 parking spaces planned for this building, which would be more than what's necessary in I-2.

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But we're going to start at the first point with the ingress, egress, and elevators, and we'll come back.

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So this is a first floor view of the site.

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The bottom half here, I'm sorry, I'm going to actually enlarge this.

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So the bottom angle that you're seeing, this is Kensington Avenue, 37, the address is 3,700 to 40 Kensington Avenue.

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And over here, over here would be the residential lobby.

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This is the front door off of the parking lot.

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this is the street council council do you have yes do you have two devices on at one time

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because we're getting like a lot of feedback really yeah no i actually don't but um let's

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try it again maybe it's your speaker you know i can try putting i can try using my headphones that

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might uh help but i don't you know i don't want to make this any more difficult we're okay okay

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Okay. So this would be the entrance, residential entrance from the parking lot. And this is the street. There's a walkway here. And this is a blown up version of the first floor.

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so here right here is the direct access from the parking lot set of double doors

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this is a set of doors inside the lobby that leads past the resident mailboxes

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bike storage this is the trash chute and the trash room which I'll come back to

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This is the trash chute and the trash room, which I'll come back to in a moment.

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in a moment walking back through

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Walking back through the lobby, this is the residential elevator to the second and third floor, a door to the stairwell, and a door out to the common area.

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This is a rendering of the same.

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And another rendering of the same.

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And then this is the second issue that the board had raised at the prior hearing and that we are revisiting today is information about the trash collection and disposal and trash chutes and trash rooms.

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So going back to our site plan and some notes on here, there are going to be trash chutes going from the third floor down to the second floor down to a trash collection room in the first floor that will be emptied by facility management to outdoor dumpster storage,

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which will be out here at kind of the edge of the parking lot behind some greenery and a little bit

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of ways from the building to avoid buildup of rodents or anything. And then those will be

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emptied by private haulers as needed probably daily or every other day. And I will have my

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client testified to that a bit more but this would be where the exterior trash storage is and you can

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see it would be a gated enclosure and I'll scroll down so that we can see where the trash chutes are

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so this again is the first floor and over here there's a door off of the main lobby this is where

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the bins and the trash chute would be and it would dump the trash directly down into the dumpsters

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You notice that you're not seeing it. It's neatly stashed away on the first floor.

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But here is the second floor layout. And over here, you can see this is where the trash should would be.

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It would be on the corner at the juncture of two hallways by one of the stairwells.

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And then on the third floor, same spot at the juncture of two stairwells.

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The next issue that was previously pointed to by the Board were the on-site parking. At the original hearing, there was no detail about parking. Currently, there's a plan for 55 parking spaces, which include two ADA compliant parking spaces, and you can see those are proposed right here on the plan.

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The parking lot is entered and exited from Kensington Avenue. There would be a swinging gate here at the curb cut and juncture of Kensington Avenue. You can see the two ADA spaces right here, about three actually, as close to the front door as possible.

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And then a total of 55 spaces, which is more than required by the code for an I-2 situation.

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Finally, our third point that the board called into question the last time was support from Councilmember Lozada and support from the RCO.

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and those were both submitted to the board by Mr. Ward and by me and there

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was in fact a letter of support I'm just gonna scroll down here although there

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are some very nice renderings by our architect and design professional if you

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do care to see them but we do have a letter of support from Harrogate

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Harrogate Civic this is the deed to the property showing that Ludlam

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properties owns the property. This is a letter by which I entered my appearance. Here is a tax

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clearance certificate that was actually pulled on 3-20-25, so it is still valid today, and it's

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valid through 4-20-25. These are photographs of the orange poster as posted by my client

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on 321-25, on two of the front facades on Kensington Avenue, as well as on the side street,

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which I think is, if I'm not mistaken, it's Master Street, but it's M Street, I'm sorry,

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posted on the Kensington Avenue side and the M Street side, and those are photos of those taken

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on 3-21-25 when they were pasted there, informing everyone of today's reconsideration hearing.

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Finally, a letter from Councilwoman Lozada, which I...

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Finally, a letter from Councilwoman Lozada, which was written apparently on November 6th after the initial hearing on this matter.

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Non-opposition from Councilmember Lozada and unanimous support from Harrogate, 11 in favor, 0 against and 0 otherwise.

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And with that, I would call my client, George Groves, to adopt my testimony.

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And if he needs to offer anything further, to offer anything further.

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George.

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Hello, sir.

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Hi, George. Could you turn on your video here if you have a video there?

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I do. How do I?

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That's coming up.

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okay

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george state your name and spell for the stenographer

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george groves g-e-o-r-g-e-g-r-o-v-e-s

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do you swear or affirm to tell the truth the whole truth nothing but the truth

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george left no i'm sorry you should be coming back in as a there he is here he is okay

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how's your video george i can see area by uh okay all right okay

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If we can't see you, that's all right.

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Oh, there you go, George.

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There you go.

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All right.

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Counsel, please proceed.

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Sure.

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George, are you one of the principals of Ludland Properties, LLC?

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Yes.

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And did you hear all of the testimony that I offered to the board just now?

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Yes.

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And was it true and correct to the best of your knowledge?

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Yes, sir.

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And would you adopt that testimony as though you had given it yourself?

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Yes.

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um is there anything else that you needed to add uh to share with the board today

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no sir thank you i have nothing further questions from the board

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can can we go back to the uh plan with the parking and the entrance i'm trying to figure

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out how the pedestrian gets into the uh that entrance sure can i answer that yes uh yeah

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george go ahead so you're going to the parking lot mr johns and you're going to make a left

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there's a set of stairs that's going to take you right up to there i don't know ian smith is

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actually on this call too if you want him to actually tell you everything about it he probably

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can talk about anybody so you have to you have to go you have to go into the parking lot yep

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so from so you have to give you have to go into where the cars go and then go to the left yes

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so i prefer to let you answer that but um mr john uh chair mr chair may i call ian smith our

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design professional to testify sure uh ian you're out there i am here my video is on

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Thank you. Ian, please state your name and spell for the stenographer.

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My name is Ian Smith. It's I-A-N, capital S-M-I-T-H.

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

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I do. Please proceed, counsel.

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