civus
Hearing video

ZBA Hearing - April 21, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Apr 21, 20218h 28m

tight community so that what I'm trying to say is that this presentation is not what I recall

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the presentation to be. And I want to just vigorously state my opposition and ask that you

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I deny this appeal. Thank you. So, Madam Vice Chair, I'm just going to pull off my screen. This is the presentation we had on 1215. So, the only thing that's different is we didn't have the rendering. We tried to describe the rendering, but we didn't have the rendering at that moment.

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So, other than that and adding pictures about the parking situation, it's the same exact thing. All my presentations are the same to the community. I have the RCO, excuse me, the notice of refusal. I had at that time the zoning permit showing that in 1958 it was a two-family that was being converted into a rooming house for this property.

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the same type of zoning map same thing here and i'm not saying that it's you know there it seems

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to be some building complex here that's across the street on west of hicken where you saw from

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the pictures there was the va uh philadelphia regional office there's an academy for early

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learning within this complex if you go further down the queen lane it looks like there's some

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type of satellite off satellite campus for drexel um but it's the same pictures like you know in

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terms of pictures, these are just pictures, I didn't even get these off of Google, like these

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are pictures that I believe, and by the way, I spoke to my client, he's trying to, he did virtually

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raise his hand, but he took these pictures of this property, so it's a neat maintained corner

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property. I mean, does this grass overgrow sometimes? Yeah, and then when he deals with it,

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obviously, but you know, he tries to maintain it the best he can, but this is exactly my

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presentation I really try to keep it apples to apples you know for the for the community and the

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zoning board same site plan again showing you know it's a vertical single-family home essentially

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they're two units but it's form over substance

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because they're really just single-family homes 2,000 square feet both of them this is the only

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thing we showed them in terms of kind of rendering and that's on our site plan as well I mean our

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floor plans it was a brick facade so all we did for you know this presentation was to show a

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rendering of what we anticipate it's going to look like and then that's it so that was a vacant it

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was a vacant lot before yeah it was it's a vacant lot now that's why that that was a its current

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condition and by the way here are the pictures showing across the street the commercial aspect

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of it. And most importantly, again, it's a mix between RM1 and RSA3 with a CMX component. And

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even this RSA3 part, this is where the VA hospital is. So typically, and again, it's a regular

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shaped lot. We're not trying to differ from what the history of this property is. We want to put

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it as two single families. We're calling it two units because it's a condominium. For all intents

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of purposes, it's two units. And we're trying to keep within the character in the neighborhood

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through our, you know, not just a rendering, but what we showed the community and what's part of

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our zoning package. So that's it. Is Mr. Thomas on the line? And if he is, can he virtually raise

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on the line? And if he is, can he virtually raise his hand to adopt my testimony and add any input

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his hand to adopt my testimony?

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as well? Sure. Mr. Thomas, you can unmute yourself. Wait to be sworn in.

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Mr. Thomas, or hi, Mr. Thomas, can you put your name and address on the record and spell your

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last name, please? Yes. My name is Sean Thomas, T-H-O-M-A-F. My address is 4937 Local Street,

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Philadelphia, Pennsylvania, 19139. Thank you. Do you swear or affirm to tell the whole truth

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and nothing but the truth? Yes, I do. Mr. Thomas, you heard everything I stated today.

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Yes, I have. And is it true and accurate? Yes. And do you adopt as your own testimony?

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Tony? Yes, I will. And then the photographs that I showed, specifically the ones, well, this one,

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this is a true and accurate representation of what the lot currently looks like, right?

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Right. Yes, it is. Okay. Yeah. And those were pictures taken, right, of the lot?

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Yes. Okay. Yeah. These are not Google, like we got it off the internet. Now, this we did,

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like you know to the left and the right where Mr. Thomas had those pictures taken to show the

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current you know a current representation and then in in terms of the parking what time were

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these what time were these pictures taken and when were they taken? They was taken Monday night and

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last night the first one Monday night was around 10 30 then we came back out there around 11 20

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last night and I emailed it to you stating parking last night what it was at 11 30 11 20

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is somewhere around there but it was time stamped in the email that sent you yeah so um I have no

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further questions for Mr. Thomas but by the way Mr. Thomas do you have anything else to add that

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I didn't that you didn't hear me state during my presentation no you pretty much said everything

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okay thank you does the board have any questions no no

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Chair we still have a few hands raised. Okay great one by one we'll take them.

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Madam Chair if I could ask that if it's okay with you it does appear that we have multiple

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witnesses up to eight if we could request only a minute or two of testimony

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to keep things moving I would appreciate it. Okay thank you also something new and different.

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Absolutely.

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Okay, I'm going to go with Mr. Charles Richardson.

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Okay.

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Mr. Richardson, you can unmute yourself and wait to be sworn in.

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Good morning, Madam Vice Chair.

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Good morning, Mr. Richardson.

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Were you before us earlier?

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No, this is my first time of the day.

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Okay.

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Name and address on the record and spell your last name, please.

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Sure. Charles Richardson, Office of Councilwoman Cindy Bass, room 312 City Hall.

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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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You may proceed.

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Okay. The Councilwoman is going to be opposing the granting of this variance.

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She feels that there's no physical hardship that's been shown and that this is very much an overuse of the property.

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She feels the block would be better served by the construction of a single-family home at that site.

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Instead of rental, as they tried to address it as not being rental, they are actually essentially subdividing the property that was intended for a single-family home.

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In addition, situated behind this property on the 5200 block of Wissahickon Avenue are primarily single-family homes.

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So, you know, it's kind of being misrepresented a little bit.

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To that extent, they talk about what's across the street on Wissahacken Avenue, which is totally an industrial site, primarily going all the way down to the expressway.

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So, you know, there's two different sides of this street.

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And one functions primarily for the residents and the other functions for those organizations that are across the street.

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so therefore again the councilwoman is opposed to the to this uh granting of the variance thank you

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chair we have a calling user um and then an 8122.

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okay

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calling you user you can unmute yourself

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Hello, can you hear me?

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Hello, can you hear me?

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Okay, Chair, we have Charisma. Charisma, you can unmute yourself.

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Hi, can you hear me?

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Yes, can you put your name and address on the record and spell your name?

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sure my name is spelled c-h-a-r-i-s-m-a presley p as in paul r-e-s-l-e-y my address is 507

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west handsbury street okay and do you swear or affirm to tell the whole truth and nothing but

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the truth yes i do okay you may proceed so um during that and there's you excuse me you have

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one minute because we have a lot of cases. So you can speak for one minute and it has to be

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something new and different. Sure. During that meeting, it was Mr. Thompson and Clementa at

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their meeting. And what they showed us was two homes with two apartments in each of them. And so

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this rendering is new. Also, the upkeep of this property has not been upkeep except after the

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meeting. We showed pictures during that meeting. We're not just talking about grass overgrown.

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We're talking about grass that can hide a 10-year-old child, and nothing has been done

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to really upkeep it, and it has not been shoveled until this season after that meeting. And so,

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you know, these drawings are new. Our block, we do have problems with parking because we have

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parking on Wissahickon, and we have apartments on Skylar, and I live in the middle of the block,

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and I can come home and not find parts at all.

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So that was the only thing I wanted to say.

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So I don't support this development.

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Thank you very much.

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Yeah, Madam Vice Chair.

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Yeah, I mean, as an officer of the court,

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I take these things rather seriously.

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You know, we're not about bait and switch.

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Those are the same floor plans

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that we showed to the community.

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We're not trying to put two units

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and maybe that was why the community was against it.

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I don't know.

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Now, Ms. Amazon did present to the community, but these are our presentation materials.

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Ms. Amazon's on, but I'm sure she can testify as well that these are the same presentation materials.

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Other than adding about the parking and the rendering, the floor plans, again, it only reinforces the fact we want to have two single families here, each are 2,000 square feet.

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this lot's almost 3,000 square feet. So dividing that in half to 1,500 each and having a 2,000

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square foot home on each lot, that makes sense. This property has been vacant for a number of

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years. And I know financial hardship's not a consideration of this board, but it's not feasible

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to put one single family home on this lot. So having two single family homes of a 3,000 square

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foot lot, which essentially be divided in half to 1,500 square feet each, each of them being

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sold separately makes a lot of sense. Okay, I'd like to hear from the next witness.

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Ms. Lindsay? Hi, this is Lindsay Diamond. Hi, can you put your name and address on the record

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and spell your last name, and then I'll swear you in. It's Lindsay Diamond, D-Y-M-O-N-D.

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My address is 503 West Hansberry Street, 19144.

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

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Yes.

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Okay.

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You have one minute, and it has to be something new and different.

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So just to confirm that most of the properties around this proposed property are single families.

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And the rent and sale prices of properties in this area do support a single-family home.

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Sales range from $350,000 to $450,000, and that's in the past year, not even considering

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the current real estate market.

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So there is the financial ability to build a single-family home and make money on that

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single-family home.

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If they were rentals, there's also the ability to take in enough rental income to support the...

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I want to object to this testimony because it sounds like expert testimony.

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Okay. You're opposed to this, correct?

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Are you talking to me?

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Yes, I am.

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Yes, I'm opposed to this for various reasons.

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Okay. I'd like to hear from the next witness.

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Ms. Allison, Allison, you can unmute yourself.

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yes hello allison hi solo hi solo germantown civic association okay can you put your name

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Yes. Hello, Allison. Hi, fellow German.

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and address on the record and spell your last name allison weiss w-e-i-s-s solo germantown

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civic association 4908 wayne avenue philadelphia pennsylvania um we did submit our letter of

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opposition do you one second do you swear or affirm to tell the whole truth and nothing about

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the truth yes i was sworn in earlier thank you i know oh that's right you are sorry that's okay

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that's okay um i just wanted to say that um we did submit our letter of opposition and um we

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represented uh what was discussed at the meeting uh that was conducted by clementa amazon at mr

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knockamson's office i don't believe he was there at least he didn't speak um and it was presented

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as rental units not condominiums and so that is a big change and the photographs that we saw

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that the neighbors took of the condition of that property for the many years this owner

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was in possession of the property was terrible like someone said previously you could lose a

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child in there and in fact there was a child hidden in the photograph um so we would uh

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like i said we we did not have um knowledge of the um

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for sale condominiums and if they would be for sale we would like to ask if they would be owner

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occupied as opposed to rental condominiums that would be retained by the owner excuse me this is

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sharon slitta sorry to interrupt but um just for the record the courts have held that a zoning

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decision cannot be based on the form of ownership whether it's a rental or an owned owned property

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so you are opposed to this project

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okay uh next witness

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uh tina marie russell miss russell you can i meet yourself

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can you hear me yes i can tina name and address on the record and spell your last name

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Tina Marie Russell

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16

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30

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I forgot my address

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1631 West Susquehanna Avenue

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and I'm calling my statement

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is that

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R-U-S-S-E-L-L

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and I'm just responding

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to support the

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the dial but the main thing I want

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to ask is the

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and I know I don't know if I can say this or not

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But I just want to ask, the attorney went on for a large amount of time, took up a lot of activity of space, but now the community is being asked to only speak for one minute and never to repeat themselves.

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We have to have as much time as the attorney to make sure that all people can be heard thoroughly because everyone should be treated fairly.

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I just wanted to make sure I said that statement, because it just feels like the attorneys are having a long amount of time on this, and they can rebuttal, and they can come in and chime in whenever they want, and as long as they want, but the people get to speak for only a minute, and I just wanted to make sure that I put that on the record, and I, too, am supporting the denial.

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I'm sorry, Chair, this is Tanya. The Administrator, may I speak to that?

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Yes, sure you may.

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I just would like to put on the record for all involved. This is a zoning board hearing. The attorneys and the applicants pay to present and go forward. Therefore, they have lengthy time to put on their case so that all involved, especially the board, can make an informed decision.

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The community has a chance to discuss and weigh in at the community meeting.

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They are allowed to come to the zoning board hearing to give testimony.

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However, the board can determine how long they can speak because we typically have 40 cases on a given day.

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I just wanted to make sure everybody was aware of that.

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So we do give preference to the applicant slash attorney because they're the ones that paid to go forward to present all information to the board.

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I just wanted to make sure we're all clear.

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Thank you, Chair.

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Thank you, Tanya.

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Thanks, Donna.

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And then, I'm sorry.

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Sorry. With all due respect to Team Mary Russell, I respect her opinion about whether she opposes support or non-opposition, but my understanding that this is outside the boundaries of her organization, and I don't believe she's within the affected area, nowhere near the affected area.

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Sorry.

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With all due respect to Team Marie Russell, I respect her.

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but I could be wrong. So I'm just saying I would object to her testimony. And again, if we need an

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additional conversation with Solo to cement somehow that these will be owner-occupied and

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sold units, I would ask if there's an opportunity for Solo to reconsider their position if these

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are condos. And again, I did not present. So I don't know what Ms. Amazon, how she presented it

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