civus
Hearing video

ZBA Hearing - May 15, 2024

Philadelphia Zoning Board of Adjustment (ZBA)May 15, 20245h 20m

Walder Street. I vote yes. Thomas Holloman, my vote is yes. James Snell, my vote is yes.

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Ishmael Shaheed, my brother

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chef. Thank you, counsel.

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Thank you very much, chairman and board.

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Have a great day.

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All right. Number three,

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2023-002-457-

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2364

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Orthodox Street.

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Sean Ward is

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the attorney.

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There's a letter of unanimous

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support from the Bridesburg Community

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Action Alliance.

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Sean Ward has been promoted.

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Mr. Ward?

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I did promote. He should be coming in.

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Okay.

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He's declining it for some reason.

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Mr. Ward.

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Mr. Ward?

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He must be having technical difficulties.

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All right.

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So here's what we'll do.

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Let's move on.

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We'll come back to him.

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Maybe by then he has it straight.

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Number four, MI-2023-003-142-3111 West Montgomery Avenue.

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Tameka McCoy is the attorney.

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Letter of opposition from Strawberry Mansion CDC.

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However, would support if it was a duplex.

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Tameka McCoy has been promoted.

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All right.

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Sean, I'm going to come back to you.

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Okay.

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I had a problem getting in.

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That's okay.

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We'll be back.

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Hi.

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Counsel, could you state your name and spell for the court stenographer?

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Sure.

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Tamika McCoy, M-C, capital K, O-Y.

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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.

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Could you identify your client, the relationship to this property?

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Sure.

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i represent janae miller and arlene mills both are owners of the property they are mother and

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daughter and our vice chair has just a few questions good afternoon council do you agree

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to waive the reading of the refusal or stipulate to a democracy yes have you emailed in all the

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required documents and exhibits that is needed to proceed with this case five days in advance

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of this hearing yes thank you council please proceed and share your screen thank you i have

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on my screen the materials that have been submitted in support of this application for

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a variance. The variance sought essentially is one that had been previously granted first

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back in 1945. I am moving to the page that delineates that initial variance, and it was

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approved then for three apartments within the premises. This variance had also been one that

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was supported by another request essentially in 1948. So the history of this property is that it

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had previously been set up as a three apartment structure. It's two one bedrooms on the first and

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second floor and an efficiency unit on the third floor. It's my understanding that the next door

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to this facility is also set up in a similar way, three apartments, and it appeared that

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three apartments and it appeared that at that time this was recognized to have been the history

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at that time this was recognized.

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and character of the neighborhood where this dwelling particularly lies. The request for

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the variance does not increase any congestion to the area neighbors, does not pose any harm or

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danger to any of the neighbors, and does not impair light or air to any of the neighbors.

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A notice was sent to all of the effective residences, 139 in total, and that was done back in November of 2023.

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There was a RCO hearing. In that RCO hearing, there was some confusion, it appears, on their understanding as to the use for the premises.

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They submitted a letter, which was subsequently submitted. They essentially wants to approve two apartments rather than three, despite the history and character of the building and the fact that there are a number of other properties on the block.

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that are situated for three apartment units.

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What I can tell you is the owner, Arlene Mills,

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occupied the first floor.

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It was an owner-occupied premises for many, many years.

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Actually, she lived there from 2009 for about 15 years

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with her daughter, Janae Miller,

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who also had previously occupied the property as well.

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Ms. Arlene had experienced back surgery,

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has some difficulties and so she occupies the first floor of the premises. Her daughter,

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who is currently a PhD candidate, was recently diagnosed with lupus and fibromyalgia. And it's

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my understanding that if they were not permitted the variance to continue having the property

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situated with three apartments, they would not be able to afford to make any modifications.

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I'm showing pictures of the interior of the apartment.

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It was a very well-kept place that was done.

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This is the first floor unit that Ms. Mills had lived in for many years.

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She even put in a jacuzzi for her treatment for her back surgery.

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The second floor has its own entrance.

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And again, it's a one-story, one-bedroom part with a kitchen, living room, bathroom, separate from the first floor.

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And the third floor is similarly situated.

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All three of the units have access to a garage, which is accessible in the back.

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And the trash plan encompasses them all essentially storing whatever trash inside of the garage

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so that it could be taken out on the day that trash is due to be removed out.

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There's also a separate side entrance for the same garage structure.

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I'm showing you a photograph of the front of the building with the notice prominently affixed.

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so that neighbors are able to see.

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And as you can see, the mailbox on the notice

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delineates the three apartments

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that had already been in that facility since 1948.

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Included with the plans that have been submitted

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are the actual plan for each of the apartments

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as it's currently set up,

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as it has been set up since the 40s.

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I believe it's been in the possession of this family

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for approximately 80 years.

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Again, this would be the trash plan

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where on a day of trash,

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the garage is accessible to Morris Street

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and that is the block where trash is collected.

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We have a picture of across the street

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if you were standing on a porch,

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that would be the depiction of the other houses

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that are also on a block. And if you were looking to the right, you would see what's

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shown on the image here. And if you were looking to the left, this essentially is what you

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would see. It would basically be the street that proceeds onto 31st Street. Again, it

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It is an existing dwelling. It had been configured in a three unit apartment for more than 80 years.

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This is the next door to this property, which is also situated with.

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The next door to this property, which is also situated with three units, and next door has also been situated that way since 1959 when a variance was approved for the next door's use.

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Again, there are multiple properties that are configured in this matter on this very block, and it would not frustrate the purpose that it was originally intended.

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And I believe there was a notation that was made that essentially indicated that the intention of the premise conforms to the neighborhood the way that the neighborhood is configured.

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And I think that is important to note, though we are seeking a variance.

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And so with that, I would ask for Ms. Arlene Mills to be admitted so that she could adopt the testimony that it is today.

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Ms. Mills?

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Ms. Mills?

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Yes, hello.

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Hi, could you state your name?

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please and spell for the court stenographer. Yes my name is Arlene Mills and it's A-R-L-E-N-E

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last name is M-I-L-L-S. Do you swear or affirm to tell the truth the whole truth nothing but the

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truth? Yes sir. Please proceed counsel. Good afternoon Ms. Mills did you hear the information

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that had been presented to the board here today yes and would you adopt that testimony as

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truthful and accurate yes and would you fully adopt it as if it was set forth by you yes

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i have no more uh questions and i would submit questions or comments from the board

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no mr chairman no mr chairman

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no questions thank you questions or comments from our attorney hillary emerson

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um just briefly um miss mccoy and i'm sorry if you stated this and i missed it um the garage

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that's on the property is that used for accessory parking or is that just for storage no it's

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actually used for storage and the trash plan takes into consideration that any occupants could

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use or deposit trash there in um in advance of the actual trash day and it will be then

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removed from the garage and placed out on morse street for pickup on the trash day

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so it's used for storage primarily there is off-street parking on both sides of the block

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Okay, thank you for the clarification.

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Sure.

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Questions or comments from the virtual audience?

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Yes, Chair, we have somebody by the name of Tyrone Williams with their hand raised.

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They've been allowed to speak.

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Mr. Williams, could you state your name, please, and spell for the stenographer?

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Yes, good evening, Mr. Berkman and the board.

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My name is Reverend Tyrone Williams, first name T-Y-R-O-N-E, last name W-I-L-L-I-A-M-S.

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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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Please proceed, sir.

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First off, hello, Ms. McCoy, first time I'm meeting you, because I've been dealing with

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Mr. Dennis Lee on his property since November the 30th, when they first came before the

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CDC. At that time, there was some questions and concerns

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about trash playing, and I'm going to jump on

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that in a minute. And there was concerns about

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the studio apartment. Why couldn't it be converted,

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combined to make it two families? There was no hardship

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presented. Today is the first time seeing the trash

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playing. The first time seeing that garage, which was

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never presented with us. Ms. Arlene Mills told us there was a wall that led towards Morris Street

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that all the residents put their trash behind that wall. And there's a business on the corner

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that also used that same area for trash. And so there was no garage presented in either presentation

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the first time or second time. Secondly, there was concern, and I noticed Ms. McCoy stayed away

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from that there was concern that there's a bathroom and sink and everything in the basement

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for a full bathroom with a tub and a sink and a toilet

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A full bathroom with a tub and a sink and a toilet.

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When we inquired about the basement, Ms. Arlene Mills let us know that that was for her storage.

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Now today I'm hearing that she uses the garage for storage, which we've never seen.

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I've never seen that garage.

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That was never in their plans.

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Nor that I get informed, I guess no one has to do that,

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that Mr. Lee was no longer representing Ms. Mills, that's not my business. What is my business is

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this. We've asked specific questions. I can appreciate Ms. McCoy's history lesson

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that goes all the way back to 1945. Lord knows I wasn't born then. Neither was I born in 1948.

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But I will tell you, even without being in those times, it was a different time. As you heard her

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in our home testimony, the family utilized their home.

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It wasn't being utilized to rent out to others.

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This is what they're asking for now, and we at the CDC

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is still in non-support of this project.

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The residents is in non-support. They have been under assault

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in their area with people

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just putting up these buildings, single family

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and putting three families in them.

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They've been trying to fight back.

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We're trying to support those residents.

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We support this community.

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The vote was seven no, I mean, seven yeses, one no, and two abstains.

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It was about 13 people in the meeting,

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and I wish I could have had a conversation,

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as me and Mr. Lee has been doing through this whole process.

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I wish I could have had a conversation with Ms. McCoy,

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Prior to her being present here today, but that's for y'all to deal with, that's not my business.

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But our position is still no, but we will support if it was two families.

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We would not support three families.

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Thank you.

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Thank you, Reverend.

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Anyone else in the virtual audience?

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There are no hands, Chair.

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Planning Commissioner.

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Sorry, Ron Bednar, City Planning. Property is indicated for residential use on the city plan.

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Given the documented use history, physical conditions of the site, we recommend the request of advance to be granted.

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Thank you.

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Ms. McCoy, how about if I hold the vote on this?

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