civus
Hearing video

ZBA Hearing - May 29, 2024

Philadelphia Zoning Board of Adjustment (ZBA)May 29, 20244h 53m

Oddly, Overbrook Farm Club even notes that there have been other recent similar applications that it supported, and I quote, depending on the presentation made by the applicant.

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Despite this language, OFC does not indicate what it was about this particular application

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that did not garner support, despite its own acknowledgement of the very use that this

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application looks to legalize.

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Finally, the applicant further urges the board to find the RCO letter not credible due to

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an ongoing public dispute a member of this RCO is having with other members of this particular

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counsel's law firm, which is entirely unrelated to this application, the parties, or this counsel

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before the board today. I would prefer not to elaborate on details due to a pending proceeding

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in the matter, but I have included reference in our exhibit packet for the record to the relevant

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dockets of the reference dispute. Based on the significant evidence before the board today,

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the applicant submits it has met each element entitling it to a variance,

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provided it's Section 143038E of the code.

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As always, a more thorough and complete analysis is provided in the memo of law

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submitted to the board at Exhibit 11.

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And at this time, I would like my client to adopt my testimony

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if the administrator could look for Jibben Samuel.

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jibin has been allowed to speak good morning could you please state your name and spell for

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the court stenographer yes uh jibin samuel j-i-b-i-n samuel s-a-m-u-e-l right you swear

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or affirm to tell the truth the whole truth nothing but the truth i do please proceed

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counsel thank you uh jibin you are an authorized uh representative to speak on behalf of yadva

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realty, correct? Yes. And have you heard all of the testimony and evidence that was offered before

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the board today? Yes, I did. Would you agree that testimony was true and accurate and would you

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adopt it as if you had given it yourself? Yes, I agree and I adopt it. Thank you, Mr. Chairman.

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Happy to answer any questions. Questions from the board? No, Mr. Chairman. Questions or comments

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from our attorney, Hillary Emerson?

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Not at this time, Mr. Chair.

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Questions or comments from the virtual audience?

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Yes, Chair.

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We have a Connor with their hand raised.

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They haven't allowed to speak.

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Good morning.

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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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Connor Corcoran, C-O-N-O-R,

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last name C-O-R-C-O-R-A-N,

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on behalf of the Overbrook Farms Club.

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Okay. Do 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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For the most part, I would stand on the representations that were made in our opposition letter submitted to the board.

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Yep.

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But I would just like to note for the board that this precise, decades-long rejection of this kind of use is precisely why the board should refuse this zoning variance request today.

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It's these types of variances that have denigrated the quality of our neighborhood.

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In particular, multifamily dwellings have been installed unlawfully in these old mansions

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for decades, and it has caused significant problems for the historic character of the

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neighborhood.

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It often leads to what the board is familiar with as demolition by neglect, and it has

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demolition by neglect. And it has been the main reason why the Overbrook Farms Club exists and

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been the main reason why.

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operates today is to ensure that the zoning protections exist for the purposes of maintaining

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the single family residential character of this neighborhood. That Ivy Hall that's directly to

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the right of the applicant's property was also owned by the former owner of this property. I

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I don't know whether or not the Haas family ever got that up to speed with city code,

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but that was also a single-family home.

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It's a mansion.

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As far as the apartment building on the left-hand side of the applicant's property is concerned,

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I don't have any information as to when that was constructed.

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But you can see in this photograph and in Exhibit 10 that Ms. Ferligar put up for the

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Board's consideration, the entire neighborhood, with the exception of one or two commercial

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apartment buildings is all single-family homes. And the fact that this current owner estimates

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that renovations are going to cost in excess of half a million to a million dollars

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indicates how long this neglect has gone on with this kind of unlawful operation,

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and the board should not allow it to continue. Thank you.

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Thank you. Other questions or comments from the virtual audience?

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Yes, we have Elizabeth Hudd with their hand raised. They have been allowed to speak.

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Good morning. Could you please state your name and spell for the court stenographer?

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Elizabeth, please unmute yourself.

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Good morning. Could you please state your name and spell for the court stenographer?

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My name is Elizabeth Hudd, E-L-I-Z-A-B-E-T-H, last name H-U-D.

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hold on hold on one minute do you swear or affirm to tell the truth the whole truth nothing but the

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truth i do please proceed i'm a neighbor in the overbrook farms area and i was at the last meeting

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um and um the this was brought up for discussion it was brought up for discussion in the february

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meeting also. That was the first time I had been made aware that this was turned into apartments.

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My house looks exactly like that particular property, but it is a single family home and

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it's used as a single family home. It's really horrific what they have done to the inside of

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that property and also to some of the existing windows that they have there. It is not what

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this neighborhood is supposed to look like. People buy into this neighborhood because it's

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stoned RSD-1 for single-family use. That's why they purchase these homes. They don't purchase

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them to turn them into apartment buildings for the most part. This particular current owner

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knew that this building was zoned RSD-3,

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which means that it has a smaller footprint than, say, my house.

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But they knew this going in.

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They knew that it was not zoned to be a multifamily property,

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and they should not have purchased the property unless it was zoned properly.

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that's when you know it's it really goes against what this neighborhood is zoned like the pictures

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that um meredith provided actually don't actually uh accurately present what the parking is like

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when people are at home that is it's taken in the middle of the day when people are not at home

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or when most of the students that are living in in some of the apartment buildings from st joe's

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are not there parking is a real problem in that area if you go on Lancaster Avenue at

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you know seven in the morning it is there's no parking there's you know there is no parking

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you go on Sherwood which is the the the cross street people are parking in front of people's

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driveways, they're causing a real horrendous problem. The property that was right in the back

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that's used as a multi-use, it looks horrible. It doesn't look like what these buildings are

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supposed to look like. I think if you allow this to continue, it's going to continue and you're

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going to get the way houses look down on 63rd Street as you get closer and closer to Market

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street where you have multi-use houses and they get run down and they're not kept up people that

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People that live in these houses as a family, they do keep up their homes.

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live in these houses as a family they do keep up their homes

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Thank you.

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Ms. Hood, one quick question.

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So you said you just, so there was no indication to you before that this was being used as a multiple family property?

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Usually when I, no, for me it was not.

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It was new to me.

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I usually, when I take the train to work, I will go up Lancaster Avenue.

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And but it's, you know, I'm going for the eight o'clock time and practice, you know, that it's hard to cross the street.

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Yeah. You have to go up to Overbrook to cross the street at a traffic light.

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I'm on Drexel Road. I guess the point I'm saying there was no indication there was any problems with this property prior.

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It looked a little run down. It didn't look great, but it didn't look run. It looked a little run down.

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Okay. Well, thank you very much for calling in. We appreciate it. Is there anyone else in the virtual audience?

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I see no hands.

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Planning Commission.

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Thank you, Chair Berkman, and good morning. David Fecto with the City Planning Commission.

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Chairman and board members, the comprehensive plan recommends no change to the residential single-family detached zoning at this location.

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This property has a lengthy history of being converted without permits to multifamily units and operating as such, dating back to at least 1951.

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Based on council's exhibits regarding the use of adjacent properties and the testimony of the architect regarding the cost involved in removing the current apartments,

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Planning Commission staff believes that the appellant has shown that a hardship exists, which would prevent this property from being used as it is zoned.

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So the Planning Commission recommends that the board grant the proposed use variants for five dwelling units

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and the companion variants from the off-street parking requirements in the zoning code.

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Thank you.

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And my 2024-000-255-6345 Lancaster Avenue, I vote yes.

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Thomas Holloman, my vote is yes.

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Ishmael Shahid, my vote is yes.

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James Snell, my vote is yes.

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Thank you.

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Thank you, counsel.

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Thank you.

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Is there anyone in the virtual audience whose 9.30 a.m. case has not been called?

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I see no hands.

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Thank you, everyone.

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See everyone at 2 p.m.

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All right, Chair.

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Bill Bergman. Good afternoon, everyone. My name is Bill Bergman, and I will be chairing this

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afternoon's EBA hearings. With me is our Vice Chair, Ismail Shahid.

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Present, Mr. Chairman.

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Our Board Member, Thomas Holliman.

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Present, Mr. Chairman.

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And our Board Member, James Snell.

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Present, Mr. Chairman.

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Thank you. Also present is our Attorney, Hillary Emerson.

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and our Executive Director, Tanya Sunkett.

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Here's our format.

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The proceedings are being recorded.

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With your participation, you agree to be recorded.

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Video will be available by contacting tanyasunkett at phila.gov.

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For our court stenographer, we asked attorneys and witnesses

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to identify themselves before testifying.

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If you're participating by phone, press star 9 to raise your hand

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and star 6 to unmute.

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to an appearance statement call 267-270-5548.

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Leave your email and the address of the property question.

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

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All comments should be directed to our Executive Director, Tanya Summ.

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Let's look at our schedule.

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Number one, MI 2023-002-778-2848 North 26th Street.

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The owner of the property is Mohamed Diallo.

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I believe he would like a continuance.

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Mr. Diallo.

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Mr. Diallo, if you're in an audience.

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Good afternoon, Chair.

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This is Nadia, and I'll be your co-host.

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Mr. Diallo, if you're in the audience, please raise your virtual hand.

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Chair, we just have Vicki Mallory with your hand raised.

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let's see if she's if he if he's on her phone they have been allowed to speak hi mr diallo

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who's on the phone please

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hello are you involved in 2848 north 26th street no sir i'm not okay thank you we'll we'll whatever

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case you have, we'll be back to you shortly. Okay. Thank you. Mr. Diallo. I see no hands.

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Okay, so MI 2023-002-778-2848 North 26th Street.

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Okay. So MI 2023 002 778

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That case is continued.

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There's a new owner of that property, Muhammad Diallo.

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The next time will be marked, must be heard.

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Thank you.

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And number five.

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I-2023-006-962-3214, West Montgomery.

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Henry Clinton, Strawberry Manson has asked for a continuance on this case.

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Henry Clinton has been allowed to speak.

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Good afternoon, Mr. Chairman.

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Mr. Clinton, could you just state your name and spell for the courts?

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Sure. Henry Clinton, C-L-I-N-T-O-N.

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Right. Do you swear a firm to tell the truth, the whole truth, nothing but the truth?

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I do.

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We've received a request from Strawberry Mansion for this to be continued so that they could see the drawings and better understand the project.

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Understood, Mr. Chairman. Just by way of background, real quick, this is our second meeting with Strawberry Mansion. They've been very understanding.

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Last meeting was May 23rd. They asked for drawings.

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So my client did his own drawings and submitted the dimensions of the rooms.

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uh but and then apparently they took a vote it was four to four i see now they want architectural

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drawings so i'm wondering can we submit the case and just wait till we meet with them again and

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then they can they can weigh in on how they feel henry why don't we do this why don't we continue

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this and see if you can't do the drawings with them first is it okay all right understood all

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right mr mr chair did you want to hear from strawberry mansion cdc on their request sure

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Sure, if they want to.

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Strawberry Mansion, CDC?

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We have Conlon Crossley with their hand raised.

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Would that be known?

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Sure.

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We'll see.

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Mr. Crossley is from Councilmember Young's office.

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Okay.

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Good afternoon.

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