civus
Hearing video

ZBA Hearing - February 15, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Feb 15, 20233h 42m

of the property wall street to the left of the property and then my client pebble development

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is known for doing multi-family structures in the city of philadelphia i and you know and some

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single family use but like i just wanted to give you an idea of the quality of finishes that you

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know you you would see in in this development as well from an exterior point of view hardware

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floors, stainless steel appliances, nice countertops and cabinetry. And then same thing

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for the bathrooms and the bedroom as well. Nice light in there, nice tile work, things like that.

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And then just more examples of bathrooms and bedrooms. And then our plans and drawings. So we

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try to use a mix of materials to kind of give it a little pop. Again, this is a prominent corner

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and we're hoping through this unique design

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to give it a little bit more flavor.

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But you'll see here,

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this is where we're set back on Haverford

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and there's another rendering that shows that,

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but that's our refusal.

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But as you can see,

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what we're trying to do

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is have a lot of eyes on the street for this property

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and that's where we have the full lot coverage issue.

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But here, as you can see,

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this is one of the refusals

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where we have this slight setback of a few feet

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just so everyone would know where the front door is, essentially.

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And then this is just the Wallace Street perspective.

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Again, what we wanted to do is build to Wallace Street's rear,

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again, because a unique structure of the order configuration of a lot,

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plus that we're facing three public streets,

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which Wallace Street does have some properties facing Wallace Street,

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it made sense to have this almost full lot coverage.

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And then this is the site plan.

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And as you can see here,

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and we'll see on the drawings too,

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there's a dedicated trash room here

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where obviously there'd be commercial pickup,

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but there's an opening for trash to be removed

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from Wallace Street,

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which is the least of the active streets

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in the surrounding area.

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And then this is just our floor plan.

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So just to walk you through here,

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this is the first floor.

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And again, there's no basement here.

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You go into an entryway,

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I'm trying to get a little bigger for you.

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There's an elevator here, a mail room, the trash room, which is available to all residents,

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an opening to the trash room so the trash can be removed to Wall Street for commercial pickup.

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Here's the bike storage room.

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Each of the units have their own individual storage area or storage room.

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And then each of the floors have three units per floor.

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So here's unit number one. Here's unit number two. Here's unit number three. If you go either, oops, if you go either up the elevator, oops, trying to make it small or not too small. If you go up the elevator or you can walk up a flight of steps, you can get on the second through fifth floors.

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And again, you know, unit number four, unit number five, unit number six.

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And then there'll be a common area, too, for the residents as well, as we can see as maybe a business center or some type of open area for a common area for the residents.

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And then as you can see, each, you know, there's an additional storage facility for those unit owners as well or occupants.

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And then you can see from here, this is the roof deck plan.

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All we have is the HVAC condenser units up here.

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And then this is where the roof deck access structure is.

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And then this is our meeting notice.

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We met multiple times with the community.

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Last met on January 9th at 2023 at 6.30 p.m.

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66 addresses were notified of the meeting.

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List the addresses, proof of mailing to those addresses, our application for appeal showing pebble developments near the property, our notice of refusal, our project information form, our deed to property showing that pebble developments near the property, certificate of tax clearance.

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List the addresses, proof of mailing to those addresses.

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Again, technically, we owe almost $2,500 in real estate taxes for this property, but again, those taxes are not due until March 31st of 2023.

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With that being said, I would ask that Mr. Ozkahn virtually raise his hand so he can be sworn in and adopt my testimony, if I say so.

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Sir, could you state your name, please, and spell for the court reporter?

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Mr. Ozkahn, can you raise your hand, please?

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Who is there? Mr. Ozkahn, are you there?

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Could you state your name, please, and spell for the court reporter?

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Hi, my name is Mustafa Oskan.

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It's M-U-S-T-A-F-A.

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My last name is Oskan, O-Z-K-A-N.

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

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Yes, I do.

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Proceed, counsel.

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Yes, Mr. Oskan, you heard everything I had to state about your zoning matter.

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Yes.

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and is it true and correct yes that's correct and do you adopt it as your own testimony

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yes all right thank you very much um one more thing one more thing mr chair um i do want to

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state and i think it's reflected in the letter of non-opposition that we're also entering into

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a community benefits agreement um you know we work diligently with the coordinating rco

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to come up with terms and conditions

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that were amenable to the community.

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And that was shared with the coordinating RCO

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prior to this hearing.

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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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No, Chair.

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Questions or comments from the virtual audience?

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Yes, Mr. Chairman.

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Yes, Chair, there are four hands raised.

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Ms. Matthews, you're allowed to speak.

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Hi, could you state your name, please, and spell for the court reporter?

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Yes, my name is Kiera Matthias.

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It's spelled K-Y-A-I-R-R-A.

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My last name is spelled M-A-T-H-I-E-S.

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Right.

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

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I affirm.

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Proceed.

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Yes.

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So I live on 4827 Haverford Avenue.

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I have lived on a block for over 40 years.

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I am old enough to know when that property had the seven dwelling units, when it was

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tore down.

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The two three-story houses, which is also placed in that lot.

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So now that they're trying to build, I believe it's 15 units, that lot is currently used

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for family-oriented things.

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the kids. It's so much congestion around here already because of the CHOP facility, because of

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the juvenile justice facility, although that parking comes on our block. And in here, the

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counselor mentioned anything about where those units will be parking. So it's going to be

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completely congested around here. There's going to be no place for the kids to be able to throw

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their balls uh play soccer walk their dogs into the lot um so at this point we're refusing and

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i'm not sure where he's getting that the community um is in um in agreements with this because i know

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the community members that i have spoken with we are totally against it we don't want that unit

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down here it is already super congested okay okay i i understand let me ask you did you attend the

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community meeting relative to this with the mill creek group i have yes sir i have and you

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express your your concerns of that group i have okay thank you ma'am thank you appreciate your

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call uh anyone else in the virtual audience yes i have enough a hand raised under the same name

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miss of miss matthias okay hi could you state your name please and spell for the court reporter

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Hello?

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Hi, could you state your name, please, and spell for the court reporter?

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I'm sorry.

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That was me again.

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Okay, that's fine.

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Okay, thank you.

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Who else in the audience?

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I have a person named Nicole Kershaw.

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Okay. Hi, could you state your name, please, and spell for the court reporter?

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Okay.

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Hi, could you state your name, please, and spell for the court reporter?

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Thank you.

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Nicole?

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Ms. Kershaw, can you unmute?

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Hello?

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Hi, could you state your name, please, and spell for the court reporter?

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Hello?

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Hi, could you state your name and spell for the court reporter?

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My name is Nicole Kershaw. First name is N-I-C-O-L-E. Last name is Kershaw, K-E-R-S-H-A-W.

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

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Yes, sir.

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Are you a neighbor?

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Yes, sir.

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Proceed.

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I am totally opposed to this building of this.

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uh of this um we went to the meeting um there was supposed to be a meeting on monday night

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which was the 13th of february and they were supposed to discuss 48 47 through 48 49 that

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was not discussed instead what was being discussed was 48 29 and we never got to oppose anything

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for 48, 47 through 48, 49.

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We don't want that around there at all.

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So you're opposed?

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Yes, sir.

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Thank you.

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Thank you for taking the time to call in.

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Is there anyone else in the virtual audience?

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I see no more hands, Chair.

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High Planning Commission.

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Thank you, Chair Bergman

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and members of the board,

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David Fecto with the City Planning Commission.

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The comprehensive plan recommends no change

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the residential single-family zoning at this location, the applicant requests variances for

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use, height, occupied area, rear yard, and required front setback. The odd shape of the lot is a claim

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that the code allows when arguing for relief from dimensional variances. The setback requirement is

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minimal and is likely to have no impact on adjacent properties. If this lot was a perfect rectangle

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under the current zoning, the applicant would be allowed three dwelling units, assuming that they

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divided their lot into three so we could support a multi-unit building with three dwelling units

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which would match the allowable density in the code however the applicant proposes 12 dwelling

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units the city planning commission recommends that the board deny the use and dimensional

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variances thank you uh mr chair time just uh uh yeah so again if as you saw during the you know

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the presentation the zoning history at one point half of this lot was used as a seven family dwelling

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In proportion, that would allow us to use 14.

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My client didn't think it was appropriate to use 14.

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We're asking for 12.

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You know, we met with the community.

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They were in support of this project.

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And, you know, for the foregoing reasons, I think this is not an overuse of the property.

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And given its odd configuration, it'd be rather difficult to build anything there that would make sense economically other than the 12 unit.

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so I'm going to close the record on this and what I want to do is next Wednesday have a

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discussion with the other board members relative to the project we'll vote on this next Wednesday

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before the 2 p.m before the 2 p.m hearing okay all right thank you very much all right thank you

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just to clarify it Mr. Chair we'll we'll vote in the add-on list during the 2 p.m hearing

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so it's not before yes thank you thank you um number five let's see if we get this done

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um right with you

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we have one more we got to go back to that one right

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yes mr chair um mr leon looks like he he's been i don't know if he's been able to be promoted

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to a panelist. I'm here. Okay. I'm here. Okay. Wait a minute. You've already been sworn and

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you answered questions. Can you share your screen with us? I wanted assistance with the IT to share

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the screen and also to be viewed. Like you said, the IT that had to help me get in. I'm sorry,

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chair may i speak sure you can mr vladimir leon are you able to share your screen and walk through

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your presentation alone that's that's me here um but the only problem is how do you share your

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how do you share share screen she's been printed out yes and i'm coming up with it okay so so you

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have all your do you have all your paperwork in your computer yeah i do i do uh it's just like i

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have to have to pull it up for my uh i think uh i can put it up this way

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uh i think uh i can put it up this way you see the share screen button yes i did i did

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i did um hold on give me one second i did i did uh see it and then uh i'm i'm looking for the

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file now in order to share with you.

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This is from IT. While you're looking for your file, is your share screen button green, or is it grayed out?

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Yes, it's green now. It's green. Is that okay?

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That's perfect. So when you click on it, you can then use the file that's open. There you go.

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