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Hearing video

ZBA Hearing - October 22, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Oct 22, 20241h 43m

All right.

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here we have 23 attendees and we can start as you wish

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thank you good morning everyone my name is bill bergman and i will be chairing this morning's

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meetings with me is our is our board member cheryl l gaston present mr chairman our board

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member Tanetta Graham. Present, Mr. Chairman. Our board member Michael Johns. Present, Mr. Chairman.

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And our board member Taya Nguyen. I know she's here. Also present is our attorney, Hillary Emerson,

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and our deputy director for planning and zoning, Kathleen Grady. Here's our virtual format.

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The proceedings are being recorded. With your participation, you agree to be recorded.

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The video will be available by contacting ZBAexecutivedirector at phila.gov.

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For a court stenographer, we ask attorneys and witnesses to identify themselves before testifying.

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If you're participating by phone, press star nine to raise your hand and star six to unmute.

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To an appearance statement, call 267-270-5548.

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Leave your email address and the address of the property in question.

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And finally, the question answer box on the screen is not for testimony.

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All comments should be directed to our executive director, Kathleen Grady at this point.

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All right, let's look at our schedule for today. Number six.

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MI 2024-005-928-2353-59 East Haggard Street. That case has been continued. Are there any other requests for continuances?

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Good morning, Chair. This is Jasmine, and I will be your co-host for today. I see no need at this time.

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Thank you. And number three, MI 2024, 003-145-1732 North Howard Street. That case has been withdrawn.

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We're going to start with number five, MI 2024, 005-394-1300 Marlboro Street.

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Mark Eckert is the owner.

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This is a pro se.

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We do not have an RCO letter at this point.

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There was a meeting held October 8th.

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Mark Eckert, if you're in a virtual audience,

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please raise your hand.

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Do we see him?

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Hello.

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Hi, Mr. Eckert.

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Hey, how are you?

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Good, good.

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Could you please turn on your video?

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yes join as stay as attendee

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how do i sorry mark you have to accept the panelists

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you declined it so once you accept it okay join us

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Okay, I'm starting the video.

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

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Yep, you got it. My name is Mark Eckert. It's M-A-R-K-E-C-K-E-R-T.

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

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I do.

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This application is for use as a two-family household living in an existing structure.

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The proposed use two-family household living is prohibited in the RSA 5 zoning district.

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I understand you have sent all your documents in five days prior.

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Is that correct?

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Yes.

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Please start with your presentation and share your screen.

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Okay.

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Share screen.

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share screen maybe a little green button on the bottom that start broadcast

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it'll be a little green

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how's that can you see me um

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um i don't see we need to see your document yeah it's up we're up okay it's up all right

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did you swear in mr eckert yes yes okay thank you

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okay am i good to go and yes you are so this is a proposal for the change of use for uh my house

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which is 1300 marborough street i'm representing myself uh this is just a picture of what it

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looked like when i got the place versus what it looks like now it was kind of like a stain in the

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neighborhood from where i live i live in fish town and uh it was kind of like a an eyesore for the

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community but it just shows you what it looked like what it looks like now uh it's a two-story

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brick house with the brick back kitchen corner property it's a corner property on the northwest

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corner of thompson marlborough street 14 foot 2 by 40 feet it's comprised of two separate apartments

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with separate entrances, one on Marlborough Street and one on Thompson Street.

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The first floor apartment is one bedroom, one bath, and one kitchen and finished basement.

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And the second and third floor apartment is two bedroom, one bath, and one kitchen.

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And all the mechanicals are separate.

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This is the history of my place.

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It's built in 1909.

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It was converted into a doctor's office and a single family residence in 1953,

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which I have the zoning documents for.

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for that but more recently was renovated in 2009 and was granted uh variance for the change of use

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as a two-family dwelling on uh april 27th of 2010 um reasons i'm seeking for the variances so i can

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legally rent the upper unit of my house while i'm living in the bottom uh like homeowner occupied

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purchased uh purchased property in 2020 all this and it was advertised as a two-family dwelling but

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But due to my lack of knowledge and expertise, I didn't know that it had actually lost its variance or lost its status as a duplex and was downgraded back into a single family just before I bought the place.

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um uh so the variance that i'm seeking will obviate the existing unnecessary hardship due

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to the layout of my house which was not caused by myself and uh represents the least modification

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of the zoning code to provide me the relief um the property of two apartments they said

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separate entry doors no common living spaces and utilities and mechanicals are all uh separate as

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a result of that the previous owner and uh i want to establish the use that's consistent

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with the previous owner's renovations and like i said the physical layout satisfies

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sufficient proof of unnecessary hardship as described in the zoning code 14303 yada yada

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record could you tell us what happened when you went to the rco uh i was received very well i

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It was basically unanimous.

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I had a bunch of neighbors out there in support.

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I've been living here for four years, so I know most of the community now.

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That's why when they asked me for the receipt of my postal delivery for the notices, I actually went around and handed them out to everyone and knocked up on every door.

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So I didn't know exactly how you're supposed to do that.

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But some of the documents, it's just that notice that I sent out, yes, for a zoning permit application, but I wasn't able to find it.

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But this is the best I could for the current zoning permit.

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This is the notice of my refusal.

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and this is my application for the appeal

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this is the project information form and here it is in another format just in case

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this is my deed

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tax clearances

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it's the layout of the uh the first floor unit

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this is the first floor apartment that i reside in

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basement the finished basement and then the second and third

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Basement, the finished basement.

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And then the second and third floor apartment.

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These are pictures of that zoning notice in my window.

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When I originally got it, I was having difficulty finding an 11 by 17 piece of orange paper.

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So initially I had to put it on a regular piece of paper, but then

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And then I got it.

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Mr. Ecker, did you ever receive a letter from the RCO?

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I received an email.

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So I actually reached out to him because I did an accelerated review.

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So I guess they didn't have enough time to get to me.

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So I actually messaged.

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I emailed my RCO.

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And he snuck me in for, I think it was two weeks ago.

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I have, I have corresponding, I have email correspondence to show that too. And I did attend, and I got pretty much unanimous support.

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Mr. Chair, just to update, Mr. Everett from Fishtown Neighbors did send a draft copy of a letter of support from the RCO. It indicated there were about 35 attendees, including about nine near neighbors, and the vote was strongly in support, 29 to 6.

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okay all right so there's just a just a couple additional documents before i'm done it's a zoning

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use permit from the 1953 and 1960 um but this one's probably more important for you guys this

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is the use permit for um to legalize existing two-family dwelling uh back in 2010 which was

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granted the variance on the right side you see it was granted a variance uh on the i think it was

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the 10th of april 2010 okay there's another certificate statement there's the email

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correspondence for me to the uh and then that was a flyer that they sent out to all my neighborhood

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um i did this just in case because people at l and i were telling me i could do this but i didn't

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submit this yet because they were saying i got i either do this or this affidavit of continuous

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use but i got a notarized i never sent it in because this was already this was already going

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down so i figured i'd just go through this um activity license i don't think you even asked for

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that and then this is just a checklist to show i walked around the all the uh properties in my

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neighborhood uh and then this is just more additional uh this is a petition i just drafted

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this up really quick before my uh my rco meeting and walked around i got a bunch of signatures but

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i didn't have enough time so i didn't get it all questions from the board

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questions or comments from our attorney hillary emerson

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um just um briefly mr mr eckert the the powerpoint that you showed had some information

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in it that um wasn't previously submitted to the board um i so i know that i know there was an

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issue with size are you able to break that powerpoint up and email that to us sure so

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so that we have all of that information in our file you could do that by is there anything

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you specifically that you're missing because i thought i i hit everything that was required in

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the uh preparing your for your meeting it was like 10 different we did not see a copy of the petition

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um the list of addresses with your notations okay um we didn't we didn't have that um i think you

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had some slides about the the size of this the space sure um and the different apartments so we

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had all the basic documents that were required

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but those that were the additional

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supplemental documents that I mentioned

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that you showed to the board we did not receive

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okay you want the list of addresses

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the petition

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and the slides on the space and what not

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yep no problem

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all right thank you so much

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the affidavit would be helpful too

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you want the affidavit I'd send that in

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yeah I would think so

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yes that'd be great

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thank you

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And who do I send that to?

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You send it to the same emails that you sent your exhibits to.

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Okay.

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Questions or comments from the virtual audience?

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Yes, Chair.

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I have a hand up by the name of Robert Everett.

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They have been allowed to speak.

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Morning, Mr. Everett.

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Good morning.

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Good morning.

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Can you please state your name and spell for the court stenographer?

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Can you please state your name and spell for the court stenographer?

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Sure.

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Robert, last name Everett, E-V-E-R-E-T-T.

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Where or from the told truth, nothing but the truth?

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I do.

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Please proceed.

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As Ms. Emerson said, I just sent the draft copy that I had prepared for our chair to send in.

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Not sure why.

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but yes we had an in-person meeting on october the 8th we snuck him in at the last minute because

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there had been some issues with notifications from downtown and it was a 29 to 6 overall

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community boat seven to two nearby they were all very happy to see him finally getting that

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house back up to what it hadn't been used for years ago mr ever thank you very much we appreciate

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anyone else in the virtual audience

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yes chair

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I have a hand up by the name

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of Jamie McDonnell

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they have been allowed to speak

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could you please state your name

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and spell for the court stenographer

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good morning

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it's Jamie McDonnell

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J-A-M-I-E

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last name M-C-D-O-N-A-L-D

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you swear or affirm

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to tell the truth

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the whole truth

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nothing but the truth

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yes

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are you a neighbor yes please proceed um i'm a neighbor and own 1310 marlboro and i just wanted

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to also voice my support of the um zoning change and request by mark thank you for taking the time

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to calls we appreciate it anyone else in the audience yes chair i have a hand up by the name

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of maggie h they have been allowed to speak why could you please state your name and spell for

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the stenographer sure uh maggie m-a-g-g-i-e hayes h-a-y-e-s where a firm to tell the truth

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told you is nothing but the truth yes are you a neighbor yes uh please uh start your testimony

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um i just also want to voice my support mark is awesome he cleaned up that whole house

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he paid a lot of attention to the architectural features on the house

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he takes care of the street he's it the house is beautiful and i just want to support

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his work and this whatever should be granted thank you maggie is there anyone else in the

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virtual audience i see no more hands at this time too any commission

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please take down this green chair please okay uh stop share yes thank you

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Planning Commission. Good morning, Amy Boyd with the Planning Commission, A-M-Y-P-O-Y-D.

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