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Hearing video

ZBA Hearing - May 12, 2021

Philadelphia Zoning Board of Adjustment (ZBA)May 12, 20214h 52m

construction multifamily in terms of allowing existing neighbors or whoever else wants to live

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there to be able to get into these units at a price that is affordable. Units would be starting

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around $1,000 a month. Now getting to page 142 of my packet, this is the typical floor plan for the

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first floor as i indicated before no basements no large excavation we have a unit facing the front

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unit facing the rear there's a backyard area there's a front yard area for congregation

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of people so wished and these are each one bedroom units approximately 650 square feet

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going up the stairs that would get us to the next stories

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two bedroom units are going to be on levels two and three of each of these buildings

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are approximately 850 square feet. So each of those also has a balcony to allow some fresh air,

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fresh light, a little bit of outdoor space, a cafe chair. In the front unit that comes off the

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living room as I sit back, this is essentially a mirror image. Washer dryers are included in the

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units, and my client has his own property management company and will be managing the

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properties himself. This was a prior version of the facades of the building. These drawings just

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and updated for purposes of this presentation but it shows the scope of the height of these

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buildings versus the adjacent next door building which is again Victorian style has a little bit

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different facade a little bit different corners line just not so much how we do building these

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days and you can see the changes that we made too this was a much more modern looking design

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flat without the bump outs that we had discussed previously or shown in the other renderings

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however based on community feedback that's what we're looking to do and frankly that might change

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a little bit more in terms of facade once we have the continuing conversation with the community

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group and with council person's office this is the prior version of the rendering that i showed

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you previously again just to compare this at page 146 to the newer rendering which was an unmarked

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slip page that i added you can see the changes that we made the rounded bays etc to try to make

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that difference for the neighbors to the rear of the property this is just our rendering showing

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the elevation again not exceeding height not exceeding total scope of project not exceeding

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not exceeding total scope of project not exceeding open air rear yard requirements nothing like that

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open air rear yard requirements nothing like

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otherwise completely in line with the requirements of this zoning district other than the fact that

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we were looking for multi-family uh with that you've met with the rco and yes they would like

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to meet with you again yeah so we've had work they'd like to have a continuing conversation

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with us with respect to this project um there are a number of different community concerns

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that were brought up at our meeting um andrew goodman i believe from councilwoman's office

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was present my client was receptive to having an ongoing conversation with the council person's

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office and the community group mr gretory benjamin was in charge of to see what potential tweaks we

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can make without changing the overall scope necessarily of the project or adding any

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additional refusals that would require an amended application to see if we can make everybody a

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little bit more happy about it. But that's essentially where we are. And Alan, if you're

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on the line, would you please raise your hand so you could be unmuted?

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All right, so my client, Alan Borovitch, was on the line.

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He may not be at this time, but I can attest that as an officer of the court

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and having been present at the community meeting, both the women...

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There we go. Hey, Alan, how are you doing?

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Can you please state your name, spell your last name, and give your address for the record?

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Alan Borovitch, and the address is 1602 Frankfurt Avenue.

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Can you please spell your last name for the record?

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Oh, sorry. B as in boy, O-R-O, V like Victor, I-C-H.

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All right. Now, Alan, you've heard my testimony today with respect to this project.

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One second. Oh, I'm sorry, Mr. Neri.

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

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I do.

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Thank you. You may proceed.

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Thank you, Mr. Neri.

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Now, Alan, you've heard my testimony today with respect to this project.

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Yes.

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Specifically that this was undertaken as originally designed for Bi-Right RM1,

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correct and that the zoning then changed and we proceeded with the plans based on the substantial

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efforts you had already put into this project correct correct and that's including the

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subdivision that was done when this was done as an rm1 lot yes and you've heard my testimony with

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respect to meetings with the neighbors not just at the official rco meeting but other individual

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meetings that we've had both with all of us and you independently yes all right is there anything

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you like that at this point no all right my testimony been true and accurate to the best of

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your knowledge yes okay thank you i have no other questions for you mr borowich and we're happy to

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take any comments and questions from the zoning board at this time understanding that we're asking

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uh that there be a resumption scheduled to allow us continuing discussion with the neighbors

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does the board have any questions no no no excuse me yes it's in an effort to um

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to limit the resumption hearing to what is absolutely necessary if there are any community

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members or if the council person's representative is here they should testify and perhaps then the

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resumption hearing could be limited to reading a letter from the rco into the record would that

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work? Is that question directed towards me, Ms. Soleta? It is, it is, Mr. Mulvihill. I mean,

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that's, that's fine with me. This was, I was initially, I was roped into the communication

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a little after the fact, once everything had been worked out. If Mr. Goodman's present,

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I'd be happy to have him testify as to the scope of what those revisions and discussions ought to

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be I just don't want to speak for him thank you is there anyone here from the council person's office

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I believe Mr. Goodman has his hand raised he's been allowed to speak good afternoon

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good afternoon name and address on the record and spell your last name please

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Andrew Goodman g-o-o-d-m-a-n here representing the office of third district council member

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Jamie Gaudier room 586 city hall you swear I'm from to tell the whole truth and nothing but the

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truth yes I do okay you may proceed thank you um yeah so just here to affirm what Mr Mulvihill

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said about the resumption hearing um to allow more time for for discussion with um with neighbors

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We'd ask that we also be able to give testimony at the resumption hearing and just also ask that

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anybody from the public who is here to comment today have the opportunity to do that as well.

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public who is here to comment today have the opportunity to do that as well. Thank you.

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Thank you.

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I think there has to be a limit to what testimony is taken at the resumption hearing. We don't want

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to continue this scheduled resumption hearing and have community members who are not here today

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who are having an opportunity today to testify. The resumption hearing is limited to the change,

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any changes that are made to the proposal that's being presented today, and whether those changes

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affect the RCOs or the community's position on the project.

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No, I have, I'm sorry, I should have, I'm sorry, I should have been clear. My, I was more referring to

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if anybody is, if anybody from the community is present today, that they should have the

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opportunity to speak today if they're, if they're here to give testimony.

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Okay, I misunderstood. Sorry.

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No, no, no.

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Thank you. That concludes my testimony for today.

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Okay, so Ms. Saleta, if no one is here from that community group today, does that mean they speak during the resumption hearing?

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No, it means that if you call to ask if any community members are here today, if they are here to testify, then they should be permitted to testify today.

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and the resumption hearing then will be limited to a letter from the community organization that

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will be read into the record stating their position given any changes that are made in

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the interim between this hearing and the next. Okay do I call planning commission for this one?

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Ask if anyone else from the community. Yeah I'm sorry I just got it. Hi Frank is there anyone

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else here from the community who would like to speak please raise your hand madam chair i have

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a jihad ali with his hand raised i will allow them to speak at this time thank you

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good afternoon chairman chico and mr turnini and other members of the board

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hi mr ali can you put your name and address on the record and spell your last name please

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My name is Jahad Ali. I'm with the Southwest Philadelphia District Services. Our address is 5213 Woodland Avenue.

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Thank you. Do you swear or affirm to tell the whole truth and nothing but the truth?

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Yes, I do.

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Okay, you may proceed.

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I'm sorry, I could ask if we could have a spelling of your name, please.

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My first name is J-I-H-A-D. My last name is A-L-I.

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Thank you, Tanya.

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I would just like to agree with the attorney and with the council person's representative, except for one difference for Mrs. Soweto's comments is that the community received an email from the council's office that this was going to be postponed and that the developer had agreed to that.

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this meeting that we had, as the attorney told you, there were multiple meetings we had,

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but this last meeting, there was over 30-something people there. Those people really were vocal and

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wanted to testify. And I'm just thinking if we close the record, they will feel that they were

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shorted and not advised that they would have been here today. I know Mr. Benjamin would have been

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here and the other RCOs. I'm representing one of three RCOs out there, actually four. And I know

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the other RCOs would have been here as well but you'll have to make the decision but if you want

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me to testify you know today I'll do that. Where are those RCOs? I'm sorry. Did they not know that

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there was a hearing today? We were aware there was a hearing but there was an email that came

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out from the council's office that this was going to be continued. So just from a lay person point

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of view they would have thought they were going to have another opportunity to talk and I know

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that mr uh mr benjamin would have been here because he's an active participant okay miss

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saletta i'm sorry for interrupting i was just going to say that of course this is the board's

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call under those circumstances but going forward i would just like you to keep in mind that it is

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always the board's call as to whether a matter is going to be continued as long as it's still

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on the list you should assume that it's going forward if i can just comment we're lay people

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We're not even down.

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I might be one of the only people that attend this on a regular day basis, but I don't think

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the other people even attend.

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And to this developer's point, and his attorney will attest to this, this developer has been

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well-received in the community as far as his honesty.

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And I think that if this was to go forward and the community was led to believe that

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they were shorted, they would hold this against this developer.

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This developer has done numerous, the reason I'm here is to testify in support of this

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project.

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But I don't want to short the other people because at the end of the day, this developer has done multiple things.

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One thing they didn't mention was that the community, we wanted the developer to consider renting these units to PHA.

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This developer met with the leadership of PHA and even considered that.

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This developer met with the leadership of PHA and even considered that.

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So he did several things.

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He redesigned all so forth and so on.

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So I don't really know if you want me to get my testimony if you're going to rule that everybody has to be here today.

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Where do we go with this?

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Or Mr. DiCicco, Mr. Chair, where do we go with this?

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These are special circumstances you will have to consider.

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I wish we had known this in advance.

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It could have been a straight continuance.

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But at this point, it's your call.

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members of the board just just to alleviate any confusion here um i just i received an email from

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andrew goodman which i was copied on it looks like may 11th at 104 um asking whether we would

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be open to proceeding with the hearing today and then asking for a resumption date where the vote

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would take place to allow for further conversation i don't want to put words in mr goodman's mouth

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but i just pulled up the email moments ago just so we're all clear i'm not sure exactly what meeting

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what email was sent to the members of the community uh one way or the other but that

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with this a good faith conversation a good faith email from the council person's office that's why

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we proceeded today i got in late so i'm only hearing this back end of the testimony um

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i understand there's a call for resumption i'm wondering if and i don't know if council

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would know this or not is there do you expect uh although mr ali said that he's here in support of

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the project um i don't know could someone speak to whether that's going to be the consensus would

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you have any idea whether that's going to be the consensus of the rcos if there's opposition then

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certainly we're going to need a lot more time yeah the answer mr chairman to chico there there

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it's there's strong opposition to the project that's why i don't want that to okay understood

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and from our position chair i defer to mr goodman from the council person's office as we were

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pulling we were acting on the information we received from the council person we don't want

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to step on anyone's toes or have anyone feel like they're hoodwinked today i just i think that's

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perfectly clear we understand this maybe maybe i'm wondering tanya well we don't know what the

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changes are going to be whether the stool will be opposition or not uh it sounds like we're

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going to need a little bit more time at least from this conversation um chair with the resumption

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hearing it's chair can i suggest that we do this and miss sunkett if you could weigh in as a

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continuance meaning the property will be reposted and notices will go out yes we can do it as a

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regular like in the whole new hearing yep all right let's do it that way thank you all right

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and i don't think there's any further need for any more com comments if we're going to

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have a hearing that uh will give people at that time an opportunity to speak

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um do have people present to speak at this time if you wish

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well i don't want to cut people off but if there's going to be further conversation with

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the developer it's it's almost like having a new hearing uh i don't know if it makes sense

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to have testimony today because that testimony may change i don't think so too mr chairman

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i defer to the board's guidance and judgment on this

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let's let's do as sharon laid it out and and we'll suspend of any further comments on this

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on this case today it will give people an opportunity to have way in at a later date

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when the project plan may be changed and some people may have a difference of opinion

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why go through an exercise today on something that may

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may have a different outcome a month or whatever the next date would be

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that's just my opinion my opinion as well as the board wishes

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understood chair all right thank you and we don't mean to be disrespectful but things may change and

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understood time is of the essence here thank you

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all right so uh caro i don't know where you left off i i i don't even know if we need the

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planning commission to weigh in yet because again the plans may change so we're going to continue

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it well so yeah it's it'll be like a special almost like a special hearing i think that's

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That's what I heard Sharon said.

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We were originally considering the idea of simply allowing the RCO to read a letter into the record, but we didn't understand at that point that certain community members may have been discouraged from

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didn't understand at that point that certain community members may have been discouraged from

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attending because they believed that there was going to be a resumption hearing and they'd have

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an opportunity to testify so at this point probably better as you say to simply cut off

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testimony and continue it to a future date yep okay that's what we'll do all right thank you

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members of the board. Thank you, everyone. Calendar number 2181, 1322 South 53rd Street.

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This case is continued. Calendar number 0789, 1620 Chancellor Street. The attorney is Ron Patterson.

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A letter of non-opposition with a proviso.

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Mr. Patterson has been promoted to panelist.

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