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Hearing video

ZBA Hearing - June 16, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Jun 16, 20213h 3m

and two bedrooms, both a substantial size.

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Unit C is a little bit smaller than unit B.

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It's about 772 square feet, living in the front,

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kitchen, laundry, bathroom, bedroom one, bedroom two,

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decent sized walk-in closet for bedroom number one.

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Members of the board, essentially with this new construction,

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we're looking to bring units that would be more affordable

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than if we were to have two simply two family dwellings here on this location we took their

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careful consideration into the design to ensure that we'd be matching while we can't match

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exclusively and explicitly the facades and the style of the existing homes at least pay homage

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to them in terms of overall height design elements including matching the roof lines and

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existing parapet walls that are there and then pulling our third story back again to reduce that

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massing from the street so that it doesn't look too overpowering compared to the existing

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structures that are there on the property. Members of the board, with the support of

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Southwest Philadelphia District Services, we'd ask you to approve this project. I'd just like

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to see if my client Alan Borowich is on the line and if he is asking to unmute.

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Mr. Borovitch, you may unmute yourself and speak now.

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Good afternoon, sir. Please spell your full name and I'll swear you in.

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Yes, Alan Borovitch, A-L-L-E-N-B-O-R-O-V like Victor, I-C-H.

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We're affirmed to tell the truth, the whole truth, nothing but the truth.

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Yes.

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Thank you, Mr. Mulvihill.

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Now, Alan, you've heard my testimony today?

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Yes, I have.

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Is there anything you'd like to add to my testimony in this matter?

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no okay just a couple questions for you with respect to this block angora terrace are you

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familiar with it yes and how is it that you're familiar with this block um i i developed two

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duplexes or rehab two duplexes on the block and is it fair to say you do a substantial amount of

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work in west philadelphia yes all right uh do you have any other thing anything else you'd like to

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add at this time for the members of the zoning board to consider no all right thank you members

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of the board let the record also reflect there were two letters of non-opposition from council

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woman got to a one for each property uh questions from the board no no anyone else would like to

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testify in this case please raise your hand here we have a minister enoch mr enoch you're gonna

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Meet yourself and speak now.

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Greetings.

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Please spell your last name.

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A-M-E-N-R-A-L.

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R-A hyphen E-L.

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Do you swear to the truth, nothing but the truth?

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Affirm.

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Excuse me, Chair.

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This is the court reporter.

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Could the witness please spell his name?

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I did not get it cleanly.

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Name is spelled Enoch, E-N-O-C-H, Amen, E-N-E-N, Ra, R-A, hyphen, E-L.

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John, did you get that?

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Yes, sir.

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Thank you.

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Thank you.

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You swear, affirm, sir, to tell the truth, the whole truth, nothing but the truth?

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Affirm.

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Mr. Enoch, it sounds like you may have two devices on.

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You need to shut one off.

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I only have one device on and I'm coming clear now.

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Now you are.

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Yes.

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

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I affirm.

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Thank you.

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Please proceed.

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Good afternoon, members of the chair.

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The situation here, as it was indicated a couple of minutes ago, Earth Keepers was in

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opposition of this

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proposed project for the

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following reasons. Pursuant

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to the meeting, the RCO meeting that

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was held on March

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the 17th,

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there was only,

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if I'm understanding, four

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neighbors that was online.

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Leo, on the

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recorded line, indicated

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that he had problems with his

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that he had problems with his mailing, and he asked those residents on the call whether or not that they received any notifications in reference to the zoning meeting.

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mailing, and he asked those residents

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on

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I don't know.

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Out of the four residents, only one indicated that they have received the notice.

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I immediately opposed the project pursuant to the zoning code, where as though the neighbors of that property have to be notified in order for any proposed project of this magnitude be erected.

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I personally went out to the neighbors on March the 20th and knocked on 15 doors.

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And out of the 15 residents, neither one of them had a clue of this proposed project.

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I sent several notifications to the RCO, which is Southwest District, indicating that this particular RCO meeting needs to be rescheduled so that the neighbors can have an opportunity to hear and be heard in order for them to make a good decision.

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So at that particular point, it would be a violation of the code to proceed to allow this to developer, regardless of how much work he's done in the community, each particular property is individually different.

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So it would be an injustice on the neighbor's behalf of having something like this built without the community not knowing.

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as as attorney for the record indicated there was only four online out of the four only one

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knew about the meeting so i don't understand how over about a hundred residents on that particular

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block didn't get notified so at this point we are in opposition the community don't know what's going

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on. So I don't see how we can proceed. And if we do proceed, and the ZEBA grants this,

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then there's no need for any laws anymore. There's no need. And there's no need for RCOs anymore.

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And as RCOs, as Earth Keepers, my job is not to harass a developer. It is simply here for one

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reason, one reason only, to be a registered community organization. And that is to bring

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these notifications of zoning issues to the community and let them vote yay and nay.

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And in this instant matter, it is not the case.

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So therefore, this case should be rescheduled and go back to the RCO meeting so that the

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neighbors can be notified and let them take a vote and then come back for the NBA.

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And with that, I'll forward the mic.

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I have a question.

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When were you made aware of the meeting?

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I was made aware of the meeting through your normal procedure through email.

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So we were online at the RCO meeting on the 17th.

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Are you suggesting that the posting was not adequate for the neighbors on that block to see that poster?

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No, that particular block is a unique block.

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It's not like a standard block.

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It is long and it's narrow in shape.

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It is very long.

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There's a lot of homeowners on there.

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There's a lot of senior citizens on that block.

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According to the actual ZBA code, I think it's L&I code, there's a mailing that takes place.

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And Leo did present a certificate of mailing.

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And he showed even a certificate that he's displaying now.

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However, on a recorded line, he asked the question to those four residents,

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Did you get my mailing? And only one out of the four said yes. The other three, other two didn't respond. The other one indicated they did not receive it. So therefore, they wasn't notified. And the response from the RCO was because the developer has been in that neighborhood previous years, they're tired of coming to the meetings. All that's been, all that is recorded.

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Well, if it was a proper posting, people will receive mail if they decide not to go because they're tired of going, that's their decision.

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The Southwest Philadelphia District Services, is that the coordinating RCO?

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That was the coordinating RCO, but as I indicated, Chairman, none of those residents are aware of this meeting today, nor they're aware of the building being erected.

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if you sir no disrespect you said you went around and knocked on about a hundred doors

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did you not tell any of those did you not tell any of those people about this hearing today

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no I did not tell them about the hearing because that wasn't my that wasn't my responsibility as

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the RCO I wanted to follow back and confirm to see if whether or not they were aware of the RCO

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okay to see if whether or not they were aware of the rco meeting that was it

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but by going to their houses you made them aware of this correct

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no not not at the zba hearing i made them aware my question was was you aware of the

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hearing that was scheduled on march the 17th reference to the property being um erected and

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The answer is no.

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I understand.

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Getting a lot of feedback here.

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Anyone else to testify in this case?

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Karen, we have a Jihad Ali.

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Mr. or Ms. Ali, you can unmute yourself and speak.

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Mr. Ali, please spell your first and last name, and I'll swear you in.

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Jihad, J-I-H-A-D, Ali, A-L-I.

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My address is 5213 Willin Avenue.

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I'm a member of Southwest Philadelphia District Services.

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And I'm here to represent the organization.

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You swear for him to tell the truth, the whole truth, nothing but the truth?

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I do.

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Please proceed.

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So we did have the meeting as a coordinating RCO.

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Mr. Mulvihill, who acknowledges that I was there, he did make a comment that he went around and let the people know.

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And he did supply his notices that he did this mailings.

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There was a block captain from the neighborhood was there.

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There were two neighbors within 250 feet of the property that were there that supported the project.

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And then, as the other RCO testified, that is a unique block.

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That block is over 1,000 linear feet long, where every other block around that neighborhood is about 250 feet long.

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And in addition, over 200 parcels, 200 buildings on that block, each building was built as a duplex.

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We support the project.

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We think the developer did everything.

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I think Phil is always an attorney, followed all other areas of the law, and we support this project.

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Thank you very much.

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Anyone else to testify in this case?

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Chair, we have a Ms. Aminata.

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Ms. Aminata, you can unmute yourself and speak.

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Good afternoon, ma'am.

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Please identify yourself, spell your first and last name.

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I'm Nasa.

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A, M as in Mary.

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I as in Igdu.

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N as in Nancy.

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A as in Apple.

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T as in Thomas, A as in Apple, last name is Davis, B as in Dog, A as in Apple, B as in Victor, I as in Igloo, S as in Span.

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Was the court reporter, John, were you able to get that?

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Yes, Chair, thank you.

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Thank you. Ma'am, do you swear for him to tell the truth, the whole truth, nothing but the truth?

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Yes, I do.

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Please proceed.

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so the only issue i have is i live on the block and there's definitely a huge parking issue

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i mean really um especially when school is in session because across the street you cannot

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park between 7 and 4 30 p.m um and again you know it is a unique block with the whole block

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being duplexes and whatnot so you know you're you're driving around the block multiple times

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and it's a one-way street so it's just unfortunate that there is no you know um remedy to that and

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and mr leo said he mentioned the parking lot but it's not a parking lot next to that building

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that's a schoolyard so i just wanted to make sure that's definitely not a parking lot there is

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you know it's and even on the up the top of the block you know you you can't park there so

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i mean we i think everybody probably wants you know the value to improve um it's just challenging

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because of the number of residents and and and automobiles on this block and it's one way and

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the block gets blocked up you know for two blocks and you end up backing out of the block to get

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out of the block because whatever furniture delivery or something like that is happening

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down the block so I mean it's kind of a it's a double-edged sword you know you want something

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to happen you want progression progress but it's a nightmare when you have to bring something in

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your house and I don't I live across the street from the school and I still have trouble with

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parking even though there's no homes across even after hours you know what I mean so I don't

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necessarily think that's the call of the developer but it was definitely maybe just built in a time

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where most people didn't have automobiles because now it's just a huge issue not to mention there's a

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lot of issues on the spot but that's a big one so to add three more developments i doubt anybody's

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going to say well we're going to sign a pledge not to have a car i'm just good thank you very

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much anyone else to testify chair we have a miss sharice sharice you can unmute yourself and speak

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Hi, my name is Sharice Hargis.

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Hi, my name is Sharice Hargis.

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My last name is...

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My last name is...

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Please spell your full name, first and last name.

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Please, please.

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S-H-A-R-I-E-C-E-H-A-R-G-U-S-T.

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Your address?

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Hello?

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Hello.

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Yeah, you lost your address.

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5442 Angora Terrace.

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

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