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Hearing video

ZBA Hearing - June 23, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Jun 23, 20216h 15m

And so for all these reasons, I'm asking that the board deny the variance.

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Thank you very much for your time today.

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Thank you.

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Thank you.

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If I...

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Question woman, Garthier.

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oh she left i was gonna see if we could uh ask her a couple of questions she's back here oh um

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if the board would allow me i just have one question one um if that's all right with you

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madam councilwoman sure um that are you familiar with the petition that went around i heard you

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mention it have you seen it um my staff has seen it okay i have not seen it directly okay because

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that petition does not describe the project it actually says something different and and and i

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understand the the the rationale that the community is upset but i think the community

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but like you said in your statement there's been a lot of uh misinformation so uh but you didn't

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see it your staff saw it so that's that that was all I wanted to say thank you um my staff has been

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very intimately involved um in in this project they have also been um very engaged with the

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community I have no doubt that the community understands exactly what is being proposed and

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has been very vocally against it. If I may, this is part of the Ms. Haskins exhibit,

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so if I can just show the title of the petition. Hold on.

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it it actually says it's a five-story building that will have first commercial space on the

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first floor and four units there that that's not the case and and it that suggests five

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four units per floor for five stories that suggests there's 20 units and and and i would think

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if i may i'm sorry okay i i see here five-story building with four units and to me that sounds

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like that could be 20 units. I just wanted to point that out because the council did say

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there was a lot of communication misrepresentation. I believe Ms. Haskins was trying to say that the

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misrepresentation is on my client's part, and I just respectfully will have to say that's not

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the case. Thank you for your time, Councilwoman. I appreciate your passion about this, and I'll

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make myself available if you want to discuss this afterwards. Thank you. Madam Chair, am I still

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presenting my case? Yes, you are. I would like to address the petition. If you multiply,

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if there is a commercial on the first floor and you multiply

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four times four,

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I think you get 16. That might be an error of one.

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Yeah, it's a one-unit error, of course, but I don't

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think that would influence the concern, the

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change in mind of the opposition.

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The concern is the height of this building.

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Point of clarity, the application calls for six floors, and if you look at the site, please, I'm sorry, I'm sorry, the application calls for six floors with three units per floor.

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What you describe here is not the project, and you are trying to dismiss the quote-unquote error saying, oh, I'm off by one based on the calculation.

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You're trying to have the reader assume that this is a different project.

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So in other words, you're saying that the petition actually lessens the impact?

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I'm just saying that the petition does not accurately reflect the application.

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So if that petition does not affect, does not accurately reflect the application, then what other things have been said?

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application, then what other things have been said and put out there to the community

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that has been miscommunicated? I started off my presentation or my orientation to the board

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by showing what you're claiming was an error, which was compounded by a poster, which you're

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saying that, oh, well, there were photos that corrected that. So I'm just saying we're looking

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at a 96-foot story building. Now we're looking at a five-story building. We're looking at

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four units. We're looking at a project that does not exist, only in the eyes of what the

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Protestants have been told. Madam Chair, I think it's important that we understand that

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the petition drafted by my clients before I started to represent them, in essence,

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presents the complaint, which is a building that is too high for the 2,800 square foot

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lot. And I would like very much to move on now to my presentation. I want to thank Councilwoman

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Gauthier for her testimony. It pretty much sums up all that my witnesses would testify to.

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However, I would just like, they waited here for a long time, and I would like for them to

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identify themselves and to have them just simply state on the record their opposition and who they

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represent. That would be great. If there are any witnesses here, please raise your hand.

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I'd like to call Joyce Smith. Okay. And Jihad, Jihad Ali.

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Hi, Mr. Ali. Can you put your name and address on the record, please, and spell your last name?

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Madam Chair, does the council want to call Ms. Smith first?

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I did want to call Ms. Smith first. If you want to swear them both in now.

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Ms. Smith, are you there?

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There's no one with that name, Hen, who's up. I have a Bridget Powell.

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if we could proceed with Mr. Ali we're running low on time okay great thank you Tanya Mr. Ali

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your name and address on the record and spell your last name Jihad Ali A-L-I 43-4276 Parkside

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do you agree to swear or for him to tell the whole truth and nothing but the truth

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I do. Thank you. You may proceed. Madam Chair, I would, before we start, Mr. Ali is a close

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neighbor of the woman whose house has the mural on the side, and she passed yesterday. She was

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going to be a witness, and I just want to acknowledge that she had worked very hard,

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and they found her suddenly passed in her home.

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Mr. Ali has been involved with this for some time,

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and I will question him with that understanding of his grief

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for the mourning of Donna Peters.

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Mr. Ali, can you tell the board how long you have lived on East Parkside?

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I moved in East Parkside.

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last year and would you would you say how close you are how far is your home from the

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from the corner i'm less than 250 feet from the corner okay um what do you know about the

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project that was proposed that has been proposed and what is your position well i i you know i've

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attended several meetings with the previous council, Mr. Council, and I was surprised this

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morning to see the distinguished representation by Delos Parkston. But at one of our previous

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meetings, the reason why we had that four floors per unit, because the applicant had produced a

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drawn dated 11-27-20, drawn by a registered architect, Francis Zepha, who's from Haverford

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designs, and it clearly had the floor plans on sheet A4 that identified there were four units

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per floor. So that's where that four units per floor came from. And I would further like to add

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that as far as the letters of opposition from the neighbors within 250 feet, council, that's

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uh council that's something different we i myself signed a letter as a nearby uh resident

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something different. I myself signed a letter.

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that i was in opposition to this project and if you could produce that because that's those are

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actually two separate set of uh documents the letters that the near neighbors went to within

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250 feet sign and then the petition but i do just want to confirm that that petition was accurate

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because Mr. Yakovic and his counsel produced a drawing for 430608 Clark's Act

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that proposed a floor plan on sheet A4 on assignment 11-27-2020.

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That's all we could go by.

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If he's done, I would like to have Mr. Yakovic speak.

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Excuse me, sir.

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I want to find out if – I want to have one more question,

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and I did say I would be brief.

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Mr. Ali, did you have occasion to research the size of the sidewalk in front of the building?

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And what did you find?

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Well, I found a length like 10 feet 9, maybe at the peak of it, it might be 11, 11, 9, but all of them were about within 10 feet.

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And where, what is the source of that information?

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Well, it was two sources.

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One is the city's atlas website, which has a measuring tool on it.

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And the other source was actually went out there physically and measured the sidewalks.

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Okay.

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Thank you very much.

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Your witness, Mr. Bubo.

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I just have one question.

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I just wanted to share my screen.

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And then I wanted to call my client applicant as a rebuttal.

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This is the site plan that was submitted to L&I, which is the basis on which we're here today.

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The site plan has to be signed and sealed by an engineer, and it has to show what are the right-of-ways along here.

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But along here, we can see that the entire right-of-way for Parkside Avenue is 20 feet, 60 feet, 20 feet.

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What that means is that on the city plan, it means there's a 60-foot cartway, meaning the street, and then 20 feet on the other side for a sidewalk, 20 feet on the other side for the sidewalk.

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So, Mr. Ali, and we see the same on Belmont Avenue.

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So, are you saying that you measured 10 feet and you physically went out there to Parkside and Belmont Avenue and you measured 10 feet and you're saying it's not 20 feet?

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Yes, that's what I'm saying.

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Okay.

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But yet the city plan is showing 20 feet.

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Now, with you seeing that, have you taken steps to inform the city about this conflict that supposedly exists?

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Well, I don't know if I would clarify it as a conflict counselor. If you look at the drawing, if you could blow it up so we all can see it more, if you can identify what that dotted line is.

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The dotted line is a measurement. And what is the measurement between the two dotted lines?

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it looks like the looks like 10 feet to me counselor it looks like actually we're

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can i point it out to you one at a time please yeah so can you see the where it says the walking

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zone 10 10 feet zero do you see that right there where you're right there yeah i see that you see

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that and you believe that's in between the dotted lines and here is the existing curb

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here is the furnishing zone and here's the where the building zone well which you asked so the

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entire i'm sorry the entire area is 20 feet counselor we are looking at two different points

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we are we are referencing two different points in time we're representing we are representing

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what is out there right now and what you are showing is what will be in the future you are

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showing the building that's built if you can back out that you can zoom out that's showing the

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building if you zoom in a little where we can see that the shaded area that is the proposed

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six-story residential multifamily building with commercial space on the first floor

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at 4306. That's not there now. That is what he is proposing to do looking forward.

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That is what he is proposing to do looking forward.

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But Mr. Ali.

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But, Mr. Ali, are you aware?

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Counselor, please.

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I'm not a lawyer.

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Go ahead.

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Answer your question.

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One at a time, guys.

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One at a time.

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One at a time.

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And I'd also like to make an announcement that this is going to be cut off at 1215.

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So try to get in whatever you need to.

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Understood.

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I do want to answer my question, Counselor.

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If you just, if the court would allow me to just, you know, I'm not a polished attorney like you, sir.

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Just go ahead and ask the question.

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The question that I wanted to ask is, was asked, are you acknowledging that there is a right-of-way of 20 feet?

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And if you're saying that right-of-way doesn't exist, then that's your answer.

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No, that's not what I'm saying. I'm saying clearly what I pointed out to you, that you're drawn in the case that there's a 10-foot walkway. Walkway means, what's your definition of a walkway? Mine is a sidewalk. And that is as it exists today. You're showing us a drawing that will be, if this board approves this story, that will be in the future. That's not today.

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So are you aware, and then we're done with this, that no one can build in the right of way? That's the point that I'm trying to make.

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So even if you're showing everything from your perspective, there is no way that an applicant, a developer, anybody with private property can build on the right of way without some sort of additional approval.

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which will amount, which in this case, in the city of Philadelphia, will amount to an actual ordinance, the act of council.

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So anything, every development has to stop short from that.

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So I could assuage your fears that nothing, that the 20-foot right-of-way will remain.

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No other questions.

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Can I reply?

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It wasn't a question.

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You did ask me a question. Did you ask me was I aware? Did you not ask me that?

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That you were aware of the 20-foot, and then your response was asking me to zoom in. You highlighted the 10 feet. I zoomed back out. I explained to you that 20 feet is the cartway, and I clarified for you that no one's allowed to build into that right-of-way.

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that's not what you asked me i've been muted all this time i have been asking for the chair to

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please um allow me to continue to present my case this question was asked and answered by

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mr bouvet and he has now taken five minutes and i was very much i've not heard you i've not heard

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you no i didn't realize i had been muted again i'll be careful and watch your sign i am muted

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her because there was telephone

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calls. Please be mindful that there

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are people listening on, and if you

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have a call to take or other business,

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please mute yourself. Thank you.

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Thanks, Tanya.

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Excuse me, sir.

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May I please continue?

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Thank you very much,

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Mr. Ali. I don't

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know if Ms. Joyce Smith

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is available

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If she's not, I will just simply conclude our case.

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Can we find out if she's here?

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Ms. Smith, could you please raise your hand so we can unmute you?

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Thank you, Ms. Sockett.

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I think she's there.

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Ms. Smith, can you hear me?

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Yes, I can.

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Hi, can you put your name and address on the record, please, and spell your last name, and then I'll swear you in.

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Okay, my name is Joyce Smith.

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S-M-I-T-H. My address is 4251 Viola Street.

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

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Yes, I do.

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Okay, thank you.

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Ms. Haskins, you have to unmute your...

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Okay.

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Okay, I'm unmuted.

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Good morning, Ms. Smith.

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Good morning.

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Would you please inform the board of how long you've lived in East Parkside?

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I've lived here since 2006.

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6. And what is your position with Centennial Parkside CDC? I've served on the board since 2015

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and I've been vice president about three years and I also serve on Community Development Committee.

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Thank you. Can you briefly describe some of the work you've done in planning for this

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