civus
Hearing video

ZBA Hearing - July 24, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Jul 24, 20246h 16m

so we can look at the provisos,

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but we agreed to a 10 a.m. to 11 p.m. hours

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of operation.

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That would be seven days a week.

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Let's see what else we got here and so forth.

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In terms of the size of this property,

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The takeout restaurant would be a benefit to this particular corridor here.

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This is a corridor that's had a number of vacancies and so forth.

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This would not be adverse to the commercial nature of the properties I showed there across the street.

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That's a lot of commercial uses and so forth in this 52nd Street corridor that most of the boards are probably familiar with.

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This would allow us to reconfigure the space and get the tenant in there.

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Let's see what else.

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And that's where we were and so forth.

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I see that we're still waiting for a tax clearance.

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There's a tax bill.

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And I talked to the owner about this.

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And he said, well, he was waiting for the RCO letter to see whether or not he could get a tenant in there so that he could pay the taxes.

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And that's the only thing that I'm aware of that's pending. But I don't know if it's been paid yet, but they're on notice that that has to be paid either to get a vote or otherwise. But otherwise, we think that this particular use as a takeout restaurant would be beneficial to this particular corridor.

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Mr. Perry, do you want to have your client come on and adopt your testimony?

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Yeah, sure. Do we have either Nasir or Sabir in the audience?

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Nasser or Sabir, please raise your virtual hand.

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I see no hands. Mr. Perry, you're an officer of the court.

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We'll accept your testimony. Questions from the board?

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As you said, who weighed in from the community?

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we have um west philadelphia economic development council and also the generalists of the philadelphia

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The West Philadelphia Economic Development Council and also the generalists, the Philadelphia Cobbs Creek RCO, both.

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They based their support on provisos that we're not sure the provisos are enforceable.

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Right.

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I'm waiting to see where I'm waiting on, Michael, is when I call for the board, call for the virtual audience, see who's in the audience.

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OK, because it is actually for an eat in restaurant.

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Correct.

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they they want uh am i correct hillary um eight seats more seats than than would be a takeout

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that's right exactly yes a takeout cannot have more than three seats or in the code language

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fewer than four seats they're requesting at least eight seats which is a different use

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i think i think the desire is to change the character of uh 52nd street to less take out

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some more heat in.

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All right.

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Questions or comments from our attorney?

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Before you go,

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I have a question.

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Are there any pictures of the interior?

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Is there enough space in here

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for the eight

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seats that are being

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or one of the

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requested provisives?

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I'm not sure if Jerry Gutierrez

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is in the audience, Group G.

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Jerry is the architect that was working

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with the owner and the

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restaurateur

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and we both did a site visit

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and he visited a number of...

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Is Jerry in the audience?

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Jerry, if you're in the audience,

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please raise your virtual hand.

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I see no hands.

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Okay.

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Are all the photos you have, Mr. Perry?

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We don't have photos of the

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interior, but you can see that this is...

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So for a point of information,

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this case is going to wind up being held anyway because of the tax issue.

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Okay.

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And what we'll do is, hold on, and Cheryl, before we vote on it,

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we'll make sure we have photos of the interior, okay?

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All right, questions or comments from our attorney?

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Yes, just to add on to what you were saying, Mr. Cherry,

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we did request interior photos and a proof of tax compliance.

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um mr perry we couldn't tell because they at least one of the photos that we get close enough

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to see looked like it was a posting from the prior hearing in april we couldn't tell if there

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was an updated posting photo um i'm sorry for today's hearing we did not get a request or a

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so if we can get a poster from the board we'll go ahead and repost it get the photographs uh and

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get the uh tax clearance uh to submit in conjunction with this hearing if that's agreed

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so you did not get a posting for this hearing well we didn't get a request either

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well you wouldn't have gotten a request you would have received a poster 30 days in advance from

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the board to post at the property so we're actually so and if you didn't receive that

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you should have requested it but if if it was not received then we're actually going to need to do

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a resumption hearing um because we should not have heard this case today if it was not posted

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for today's hearing right i just know just for the record that the request from april was by the rco

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just to um do another review in terms of sit down but at the time of the hearing in april we didn't

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get a request to repost. We normally get that. Okay, so Mr. Perry, Mr. Perry, so MI 2023-006-568-216-South

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52nd Street, cases continued for a resumptive hearing. Okay, thank you very much. Okay? Yeah,

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thank you. Thank you very much. All right, number four, MI 2024-001-066-1826 North Newkirk Street,

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Vern Anastasio is the attorney.

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No RCO letter at this point.

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Meeting was held July 15th before the Strawberry Mansion Community Concern.

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Applicant also has a petition of support from six neighbors on the block.

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One, the adjacent neighbor at 1824.

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for. Mr. Anastasio. Good morning, Mr. Chair. You've already been sworn, sir. Just for the

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record, state your name. Yeah, it's Vern Anastasio on behalf of Spencer Flood, the owner of the

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subject property. Our vice chair has a few questions for you. Thank you. Good morning,

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council do you agree to waive the read another refusal or stipulate to its accuracy i do have

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Have you emailed in all the required documents and exhibits that is needed to proceed with this case?

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you emailed in all the required documents and exhibits that is needed to proceed with this case

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Bob is in advance of this hearing.

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I have.

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Thank you. Please proceed and share your screen.

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Thank you.

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Mr. Chair, we have a 63-page exhibit binder for the legalization of a pre-existing

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two-family dwelling at 1826 North Newkirk Street. It is prohibited in an RSA 5 district.

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This is the subject property right here where my cursor is, a two-story.

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We're looking to have a unit on the first floor, a unit on the second floor.

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The basement is pure mechanicals.

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First floor is a...

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it's a one-bedroom unit these plans are mistagged but that's there's a bedroom

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back here this is the living and kitchen area dining area and we have here one

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bedroom with an optional study or bedroom it does have a closet the living

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space and kitchen there the bath that is again mistagged side rendering this is the block itself

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there are a few vacant properties on the block as well as some vacant lots

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there's a school at the end of the block

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This is the property exterior. Very well done. Here's the exterior. Here's the exterior with a wire that is referenced in the RCO letter of support. That wire has been removed and replaced with a light fixture, which was, in fact, sent to the RCO.

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Just had the RCO.

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Byron, do you have a copy of the letter?

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uh she just she just sent it over yesterday okay because i don't i don't think we've seen

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a letter if you get a chance could you put it up when you're done yeah

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strawberry mansion community concern and there were a list of provisos as well

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but here's the interior just want to get through that for you

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and a bunch of photos

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here's the exterior

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HVAC units

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exterior electric

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here's the letter that went out

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to all interested parties

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here's the addresses

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There is the poster and the proof of posting.

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This is the deed.

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Proof of tax clearance.

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Signatures of immediate neighbors on the block.

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i'm going to stop sharing and see if i can

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pull up the hillary do you have the letter

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yes we did receive it early this morning mr chair it was um give me one second it was in

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um non-opposition they did ask for two provisos that were enforceable

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One was no household living in the basement and interior trash storage.

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And we agree to both of those, of course.

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And with that, I'd like to call my client, Mr. Flood.

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Mr. Flood, if you're in a virtual audience, please raise your hand.

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I see no hands.

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Mr. Anastasia, an officer of the court will accept your testimony.

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I appreciate that.

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Questions from the board.

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Yes, I have a question, Chair.

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You said this is a legalization.

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What's the history or use of the property?

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Like, was it a duplex?

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It was a single family home.

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Then it was vacant for quite a long time.

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The person that sold the property to my client did divide the property into two units.

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Sold the property to my client, did divide the property into two units.

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He purchased it, believing that it was legalized, refurbished just some surface materials,

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and then learned that he needed to get a use variance before he could lease it.

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And how many other duplexes are in the surrounding block?

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On that particular block, there are at least three other duplexes.

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And then in addition, there are at least two vacant lots and less than five boarded properties.

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And again, the petition of support includes the adjacent neighbor.

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can you have questions from the board yeah can you pull up the plans again of course quickly

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so the first floor is a one-bedroom unit that's correct and the second floor is a

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A one-optional two-bedroom unit.

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They're marking this as a study or a den, but of course could be used as a bedroom because there is a closet back here.

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So I guess the concern I have is the layout of the first floor is a decent living space and the second floor isn't.

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That's correct.

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Same issue as before.

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So in terms of proving a two-bedroom, a two-unit conversion, I'd be leery of that based on the layout.

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This is a pretty large second floor.

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Yeah, it is.

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But if you compare that to the first floor, go back to your first floor, which is a two-bedroom unit.

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if they were two one bedrooms that'd be a different story we can't deal with that because

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this is zoning but we can only deal with the fact that it's one family or two family and based on

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the layout i can't agree that i would support a two family based on the layout if we were to

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again if we were to agree that the second floor unit could only be a one bedroom

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from what is the perspective.

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I would support that.

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You would support that.

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Absolutely.

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Yeah.

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We're open to that.

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What was the RCO vote?

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I mean, the community vote,

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was there a community vote taken?

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Yep.

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Based on the letter,

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it was non-opposition.

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There was no one opposed.

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The only issues were

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making sure that there was

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interior trash storage

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and no living in the basement.

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thank you yep what questions from our attorney

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not at this time mr chair questions or comments from the virtual audience

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yes chair we have strawberry man in the community with their hand raised they have been allowed to

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speak good morning good morning could you please sure could you please state your name and spell

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for the stenographer. My name is Bonita Cummings, B as in boy, O-N-I-T-A, Cummings, C-U-M-M-I-N-G-S.

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Ms. Cummings, do you swear or affirm to tell the truth, the whole truth, nothing but the truth?

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I do. Please proceed. We did submit a letter. I did have in the letter

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this property, there was no indication from the property history that this property

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was ever a multifamily or two unit use. So it was renovated with really no permits at all.

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So it had 17 violations. I do remain a little concerned because the fire door lock process

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still has no date that it was completed. It's two dates there, February and then again in May

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it failed for their fire safety door locks.

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So I did want to mention that just so that if it was approved,

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