civus
Hearing video

ZBA Hearing - January 20, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Jan 20, 20215h 3m

to get their car into, where's the safety of the people coming here

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24-7?

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Sorry, I don't understand the question. You don't understand the question.

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Okay. That driveway is used by the

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neighbors to get their car to their garage and they have 15 feet of easement you only own 50

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50% but you don't own 100% of the driveway. So now they drive the car into the garage

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percent but you don't own 100 of the driveway right

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and your people going to and coming from your building get hit because there's no separation.

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They have use of 100% of the driveway. You can't take that away from them.

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even though you have 50 ownership so now right there sorry how do you provide safety for the

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people coming and going 24 7 from your building i mean it it used to be a parking garage so

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clearly there was some collaboration before and we're not even suggesting cars there was no there

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was no collaboration before. That's why I'm speaking to your architect. There's no collaboration.

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It was used for an exit for the fire tower. That's what it was used for. And how often

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were you going to have a fire or a fire drill? One a year? It wasn't used nor intended to be used

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for entry 24-7. The owner's explained to me that the old use was

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a garage for at the same side in the passage driveway where the where we're talking at issue

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here behind the the residential properties it used to be you know they used to utilize that

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driveway as passage so well it wasn't just for fire escape it was for cars and pedestrians as

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well Rachel in the aerial view is that the one we're focusing on so I can understand what Tom's

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saying. Yeah. His concern is if we're having people exit here and we have an easement for

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pedestrian access, and these homes also have rights to park their car and utilize it to park

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their car, how are we going to ensure 24 hours a day, seven days a week that these people are not

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going to get hit by a car? And I don't have a better answer than this building was currently

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was previously used as a parking garage and there's also going to be people living here and

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clearly there's factories and people living here so besides trying to not have vehicular access in

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and out of here and which we have it here and and lighting and the like i don't know how to

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address that with a unique site that doesn't offer another opportunity for you know pedestrian we've

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tried to work with this property to get a sidewalk put in i know we are going to continue to have

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those conversations but we we only have what we have and we've sort of tried to provide it in a

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way to we've cut down the unit count we've cut down the number of parking spaces and you know

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have tried to address as many concerns with with the unique lie I mean this is a very just unique

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site and I can't guarantee that we can you go counselor can you go to building entrance the

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the elevation you have for the building entrance yeah Tom before she moves that the aerial view

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can you put your cursor on on that building and people will be driving out of no they're going

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to be driving out of here we also here's the building here but what is what's the problem

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his concern is is this this easement and where do the people who live in those homes

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park their cars in the back in the back in the back the same driveway they use the same same

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driveway you see people here on a sidewalk there's no sidewalk there they can't put a sidewalk there

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anyway and when you see people walking out of the building going in building coming out of the

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building the people who's going to use their cars to drive to their garage on 15th street people

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people on 15th Street, they use a driveway in back. They drive their cars. They can easily

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hit these people. There's no separation of pedestrians and motorists.

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I understand that. The way that we were trying to resolve some of that, and again,

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you know, we're here for the variances just for the height. It was to eliminate anybody

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having driving access from our building out of this shared driveway and to have the traffic go

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this way I mean this other than that there's there's no other way to handle it besides

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controlling sort of who's entering and exiting and whether it's vehicles or people and we have

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you know there's a small bit of space here that we have to utilize. Counselor I don't agree with

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you. Counselor your only solution. I'm clear on that I'm clear on that I'm just trying to

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what is the tom what is your solution right the only solution is you have to get an easement

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You have to get an easement on the property on Grain Street.

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on the property on grain street you got

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You got to get a pedestrian easement from the property that's on Grain Street.

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That way you have a direct access from the street to your property.

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Because your property is landlocked.

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Let me ask you, though, how does that, if we have an easement over here to Grain Street

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and we have an easement over here to Grain Street, what other easement do we need to

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have from this building that would provide more than an easement from here to green street and

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easement from here to green street i don't know what other rachel can you can you go up slide up

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with this so this is further off on the screen so the problem the problem cancel is you have

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you have an easement in a driveway you don't have an easement separate from the driveway

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you need an easement separate from the driveway for pedestrians we have two easements on this

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property is what i'm saying so it's a little shared with a driveway now tom are you looking

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at the existing easement condition and the proposed easement paving that proposed easement

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paving is for everybody's backing into each other everybody's driving to their garage

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so we're not bringing vehicles down that that would be that would be for these residents of

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bringing people down this well you can't restrict the people from using their driveway to get to

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their garage i'm not saying let me finish i'm not suggesting that i'm saying on as far as our

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building is concerned we are our proposed use for this easement and remember there's another one on

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the other side of our property. So there's two. You can't use the other one either. Yes, we can.

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We have an easement for this. We have two easements. Yes, we do. I'm trying to tell you

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that. Where's the other easement, Rachel? It's right here. So that's where people would pull in

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to park. Correct. And they would exit. There's no opening for anybody besides pedestrians

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to exit on this side. There is an easement here for pedestrian and vehicular access. There's an

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easement here only for pedestrian access. So all the cars are going to be from these homes because

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to your point, no, we cannot control or not allow these folks to park here. This is an entrance for

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us. This is not a vehicular entrance. It is just a pedestrian entrance. So asking us for another

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easement, we do have another easement. It's highlighted right here, which is where the

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cars are going to go in and out and pedestrians could walk in and out. There's no other place to

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put an easement. Chancellor, that is not the easement that I'm referring to. I understand that.

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The easement that I'm referring to is on the adjacent property, the frontage on Grains Street.

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Grains Street has a frontage. It has a property which you do not own, but you have to somehow

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get an easement from those owners so you could get directly into your building from the street.

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But I'm not understanding what how we if we have an easement from our building here

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for pedestrian access. Let me finish please. I'm not suggesting we own 100% of it. I'm suggesting

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think that we have an easement from Green Street for pedestrian access in and out on this side

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and pedestrian and vehicular access in and out on this side. I don't know where else you'd put an

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easement given they're constructing 30 some odd units here. There's no other place to go. We have

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two entrances and exits. Can I speak to you, architect? Yes. Sir? Yes. Do you understand what

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i'm saying yeah i understand where you're coming from that there is actually um 30 inches of space

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between our building and the easement that could be solely for pedestrians so it's not like

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pedestrians are going to walk in an easement anyway or in a driveway correct

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but so are the cars

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you're supposed to have safety you're supposed to separate motorists from

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pedestrians that's a code that's required that's why they make sidewalks that's why

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people don't walk in the street i understand that i think what where we're at here is that

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with what we have with this building and the two easements that we have and the 30 feet that we

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have this is what we have done in order to ensure you know as much safety as possible these are

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current conditions that have existed here this isn't you know i know this is we're adding on

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to the building but this building the prior use was a parking garage and so this has been existed

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for decades as such.

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There's got nothing unique about the youth.

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It was existing for a garage, which is more problematic, in my opinion, having cars go

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It was existing.

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in and out when we're not suggesting cars are going in and out from from the side that you have

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issue with. No, they had a separation because the cars that went to the garage. We don't know that.

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Well, they had the options to do. I don't know what they did. You don't know what they did.

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they had the option built into the plan

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and now you're taking away the option

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the people who are using the driveway

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for the people who live on 15th street

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they want to use 100% of that driveway

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to get their cars into their garage

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because the garage is on the slope

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so they have to back in and back out

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they're going to hit somebody

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because you have people coming in with the entrance 24-7

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where is the safety there's another easement on the other side of the property on grain street

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for an entry and exit that is two ways to get into this building one of which is prohibited as

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far as cards are concerned from our tenants so i i don't know how else to to make it more safe and

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i don't know how another easement somehow is going to make that any better again i refer to the

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architect. Can I speak to the architect? Yes, I'm here. Okay. Do you understand what I'm saying?

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Yes. Okay. Do you have a separation between pedestrian motors in that driveway?

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Yeah, we have 30 inches of separation.

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Well, how big, how wide is the sidewalk has to be? And you don't, first, you don't have that

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labeled on your site drawing that 30 inches that you have for free. You don't have that on your,

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I looked at your drawings. You didn't have it on your drawings. And also on your drawings,

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you call that driveway street frontage. And it's not street frontage.

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You got the drawings mislabeled. Thank you.

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where does it say street frontage if it does say street frontage it should say

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easement frontage it doesn't say that i read it it says street frontage look we'll look on your

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i'm going to interrupt the refusal on this is height isn't that what we're discussing

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yes madam chair that is i that is madam chair if we approve the plans

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we're not going to we're going to discuss this in executive session okay for the safety of the

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neighbors if we're going to approve plans for the safety of the neighbors it should be not

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only height it should be all safety for planning okay well we're going to rachel is there anything

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else yeah i mean because my concern about having this then voted in an executive session is that

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we still haven't like the alternative then is that nothing nothing gets built here or that a smaller

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building with a little less height by right gets built here and that still doesn't get addressed

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so i'd rather work this out in a way that everyone feels good about and we can address those concern

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as best as possible in consideration with what we have here you know this any other easements

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going to have the same requirements as this easement because nobody's just we're discussing

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height and several people don't feel good about it and I think it would be best that we go to

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executive session with it. I'm in agreement with that Madam Vice Chair. Excuse me this is Sharon

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yes and then the chair would also have an opportunity to view today's video and could

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participate in the vote. This would be next week the record would be closed after today's hearing

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and the vote would be after next week's executive session. According to my notes the hearing today

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was not only for the presentation of the additional plans,

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but for members of the community

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who weren't able to testify at the last hearing

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to have an opportunity to testify.

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Is there anyone here from the community?

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Thank you, Sharon.

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I see no hands, Chair.

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Okay.

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I'm going to close excuse me I'm sorry chair um Charles Richardson hand just raised okay

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Mr. Richardson good afternoon again madam chair hi I do know that uh that members of the community

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were coming online I don't know if they're having issues or things along those lines but

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they also sent another letter uh which uh to which I forwarded to Ms. Saleta uh which is excuse me

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uh which uh to which i forwarded to miss saletta uh excuse me mr richardson i did send that letter

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to the board members excellent okay and uh i just you know i just wanted to make sure that if they're

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out there they have the opportunity to to to testify just to reiterate the councilwoman still

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remains in opposition to the uh to to this this property property to this project and uh you know

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for all of the reasons that were mentioned earlier,

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also something that Mr. Holliman was touching on

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was the, you know, that use of that driveway

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that they share with 15th Street

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where people are going in and out for 24 seven.

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And also the use of what Ms. Pritzker is saying is the...

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What Ms. Pritzker is saying is the driveway access

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on the other side, and she's

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trying to say

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that they're going to be able to. I'm trying

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to get Ms. Brodus on the line here.

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She just called me and see

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if I can put her on speaker. Sandra, are you

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on? Yes, I'm here.

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Can you give me a second?

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Is Sandra going to speak?

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She is.

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Name and address, please.

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they can hear you they can hear you okay name and address sondra

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sondra can you hear me

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hello i think they can hear you yes sondra is that you

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okay i'm going to try one more time and then i'm going to close the record today

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and we will discuss this in executive session giving the chair an opportunity

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to discuss it with us sondra are you there madam vice chair um can i make one suggestion if sure

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i know that miss brodus has been waiting to testify if she could call me on my cell phone

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i would put her on speakerphone okay great can you do that can i yeah can i just log in again

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i'm i'm so i'm not sure why i'm not i'm talking we can hear you now yeah it sounds like it's

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solved now yeah we can hear you sondra yes you can hear me yes i can this is a good thing name

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and address for the record, please. Sandra Broadus, D-R-O-A-D, as in David, U-S.

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

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Yes, I do. Okay, you may proceed. Okay, good afternoon, Madam Chair, and thank you for being

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patient. I am the president of the coordinating RCO who's been working with this case. I'd like

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to first just address the concerns that were raised earlier about the pre-existence of what

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Mr. Richardson we cannot hear you

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can anyone hear her no she's familiar with the property and the

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The driveway was always a driveway for the residents of the 5600 of 15th Street.

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