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Hearing video

ZBA Hearing - August 25, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Aug 25, 20203h 40m

His parents actually still live in the neighborhood.

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And he thought this was a great opportunity as an investment, but also to, you know, be able to move back in the neighborhood.

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So we met with the community.

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The biggest, you know, negative in terms of their mind is that this part of the district was remapped or rezoned at the end of the year.

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and they felt like it was a waste of their time if basically we were able to get a variance

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even though this is an RSA-5 property.

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And I explained to them that they didn't want to create precedent.

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And we really tried to explain to them that this is a unique circumstance

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because based on what we reviewed, based on Atlas and based on the MLS listing,

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At the time we purchased the property, everything stated was RM1.

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You know, unfortunately, the city's, you know, website, especially atlas.philo.gov, the OPA,

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there's a delay sometimes in the changeover from when the zoning classification change.

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And this is one of these circumstances.

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And we would not be creating precedent because if we hypothetically did it right now, it

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shows on the city's website, it's RSA5, right?

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But we're not creating precedent in that way.

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And, you know, we stated that, you know, again, we didn't state that to them in the community meeting, but for purposes of the legal argument, there's a doctrine called vested rights, right, where if we detrimentally rely on representations made by the city here that is RM1, even though it was an RM1, we have the right to rely on those representations and to infer those.

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we have the right to rely on those representations and to infer those representations to actually

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build our property in such a manner. Where if this was an RM1 property, where across the street it is

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with the same type of dimensions, we wouldn't be here because it would be as of right. So basically

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that's where we are. My understanding is that there are, there may be representatives from

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both the coordinating RCO as well as the other RCOs in attendance. So I will leave it to that

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to like hear what they have to say and then I would like to reserve time to

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respond to anything they have to say. Thank you. Do you have any witnesses

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that you want to bring on before we reach out to the community? Yes, Mr. Weich.

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Mr. Weich, you can unmute yourself? Yes, can you hear me?

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Yes, sir. Please spell your name for the sonographer. Give us your name and address.

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Sure. My name is spelled C-H-R-I-S. Last name is W-Y-C-H-E, and that's 5655 Carpenter Street.

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Thank you. And do you swear and affirm to tell the truth, the whole truth, and nothing but the truth?

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I do.

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Please proceed, Mr. Hart.

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Yeah, Chris, you heard everything I stated today.

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yes is it true and correct yes and would you adopt it as your own testimony yes

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okay would you like to add anything did i miss anything in terms of the you know of how we got

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here today no i think you're pretty much covered it okay thank you uh questions from the board

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no no uh anyone else who wishes to testify in this case please raise your hand

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and if you're one here called upon please spell your name give us your name and

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address by your name and then I'll swear you in

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Katherine Blunt you can unmute yourself and wait to be sworn in

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good afternoon Miss Blunt please spell your full name and give us your address

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yes my name is

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Catherine Blunt

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B-L-U-N-T

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I live at 4918

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Walton Avenue

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19143

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swear and affirm to tell the truth

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the whole truth and nothing but the truth

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I so do

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Blunt could you give me

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where Blunt

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what was your address again

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it's 4918

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Walton Avenue

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where is that in proximity to this

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property? So I am with the 46th Ward RCO. That property is within the boundaries of the 46th

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Ward RCO. Okay, thank you. Please proceed. Yes, so I am here to testify on behalf of the community.

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The community meeting, which was the 20th of this month, August 20th, 2020,

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it was did not really have many community members engaged on the zoom it was very difficult for us

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to even tell who was on the zoom because we were all blanked out so we do know that there were

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three members from the community on the zoom who and that's from the immediate community who opposed

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the zoning variance. The other thing we understood was that Mr. Weish lives somewhere else. He doesn't

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live at the current residence. His address is somewhere else. Another property he developed

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that he now wants to develop the 5655 Carpenter Street and live there on the top floor, but we

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know how long he's going to live there. So for us, it's, for them rather, it's a matter of him,

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of course, being a realtor, being in the business of developing properties, he wanted to develop

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the property and perhaps move on at another point. The community worked to what we call

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correct zone and save zone, that neighborhood, because at some point, we don't know when.

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whole areas of West Philadelphia were rezoned residential multifamily.

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West Philadelphia, particularly in that area, those were single-family homes and single-family

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homeowners and had been so since time we don't know when. The people who moved in and lived there

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for 50 to 60 years who want to keep those uh property values uh

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intact and want to kind of gain uh what we would call

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kind of gain what we would call familiar wealth for their families, they want to keep that

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uh a familiar

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neighborhood that way. And that's why they fought for that. They fought for the neighborhood

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to be correct zone to RM1. I'm not sure what happened to the other side of

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Carpenter Street, because when we organized and had community meetings, et cetera, and we met

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with the Planning Commission and the planning maps were developed. The other side of Carpenter

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Street, including Washington Street, were supposed to be returned to residential multifamily.

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That did not happen. We don't know why. And so we will investigate that. So we did go around and

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speak to community members. And that was done by the 46th Ward committee person who was in that

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20th division. Over 85 homes in the area were approached. There's a response to 85, and we got

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a response of 85 homeowners, residents who said they were not in favor. Well, I'm going to actually

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object to that in terms of hearsay well no we have uploaded well but she is she is representing

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the rco so we'll have it so we have uploaded um to the zba i mean this whole process is all new to

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us uh unlike the attorney and uh so we are just community folk trying to uh fit in with this

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process uh but we did upload those signatures to the zba we will make them available uh to the

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lawyer as well upon request. But we did speak with those homeowners. They, it is not. I'm going to

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actually object because I actually talked to Ms. Blunt earlier today and asked if there was going

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to be a letter that was going to be distributed or any materials. And I asked that if there were

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any, that I would have access to it before the hearing. So if there are signatures that, if there

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were any submissions, I would object to the, to the submission, especially if there are for

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individuals who are not present at the hearing we can you can but you see we had a conversation yes

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and and basically what i said to you was that during that zoom meeting which was very confusing

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um and awkward uh that the when we when even i suggested that there were community members who

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were not in favor of, and we were talking about the need for there to be a real community

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meeting, you should have then, and this is what I told you today, you should have then

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requested for a continuance to really arm out all of these concerns and to meet with

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the community so that we wouldn't be in here in this meeting now.

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You then said, okay, well, I'll do a continuance. But I have no guarantee of what you will or will not do. The only thing I can say is that the community is not represented except by us and has not been spoken to except for by us. Now, if you wish to speak to the community, that can be arranged with the understanding that the ZBA sees that as part of the process.

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Alan, refresh my memory. The opposite side of the street, which is RM1, was that part of a more recent zoning classification?

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So my understanding, Mr. Chair, is that, are you in front of your computer? Do you see the zoning map in front of you?

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Yes, I do.

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okay so you see our side is rsa5 the other side is rm1 that's right and and our side was rm1

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up until the middle december of 2019 unbeknownst to us it got changed the other side never was

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changed it wasn't changed at the same okay so was existing as rm1 that's right so this whole

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neighborhood if you even look right here is rm1 this is cmx2 above montreal street i see a lot

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of yellow so there is but i just want to i i this is really important because if you look

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they're they're literally mirror images of each other but they're being treated differently

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um in terms in terms of the community you know input when we all we did was we we met with the

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you know with the community based on the coordinating rco the coordinating rco told

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us to meet via a zoom meeting which we did and when there was some inclination to meet separately

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with the community we stated that we would meet in person with the community and if you look at

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we stated that we would meet in person with the community and if you look at the letter from

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the letter from

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Cobbs Creek they actually referenced that we did try to meet with the community and for whatever

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reason we couldn't get a definitive date in terms of meeting but if you look at Cobbs Creek neighbors

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they're also saying that even though there were members in the who are part of this uh vote

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they're actually saying for the they're leaving it up to the decision of the board the discretion

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and the board to make that decision so they're not like even though the people that were there

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were against it and i don't know if there were i don't know and i can't say this for sure but i

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don't think the immediate neighbor was there i think there was reference that the immediate

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neighbor would be against it but i don't know if the immediate neighbor was actually at the

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community meeting but we did make overtures to to meet i always believe in meeting with the community

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did you can i speak was it was it was it my accurate that the count was three opposed and

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two in favor or was it the opposite way let me take a look i um it was it actually it was three

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well i don't know it looks like i i don't want to state i i didn't take the vote right so

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yeah i mean there were three people not opposed and there were it says two people opposed from

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the board and five people in attendance so let's just say it was five people all opposed right i

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I'm just going to give it the benefit of the doubt, right?

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It was a split vote for all intents and purposes,

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but even the coordinating RCO stated that they would leave it up to the

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discretion of the board to decide.

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And I did speak to the representative from the coordinating RCO at the

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beginning of the meeting, and it really is a straightforward situation.

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It's unfortunate.

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We're not trying to create precedent here.

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We're not trying to take advantage of the situation.

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There was a transition from RM1 to RSA5.

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if and and everyone knows that the city's website takes a little bit of time to to catch up to these

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things it was at the end of the year where the zoning changed and it again it's it really should

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be apples to apples rather than apples to oranges where if you're on one side of carpenter street

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you're treated differently than you're on the other side of carpenter street you know i understand

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when you say it takes a while for the agency different city agencies to catch up but the

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zoning remapping is part of a public process so they had hearings in city council it isn't like

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this just happened without any public knowledge of it so i just want to point that out no i hear

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that mr chair it's just that if you go if you go here if you go in the public records and and you

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see this as rm1 you're relying on that as rm1 so i i hear what you're saying all right is anyone

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else who wishes to testify if so please raise your hand. Chair I had Nicole Crawford. Nicole

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you can unmute yourself and speak. Hi my name is Nicole Crawford. I am the committee person for

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the 46th Ward 20th division. Ms. Crawford do you swear to affirm to tell the truth the whole truth

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and nothing but the truth. I do. Now Carpenter Street is exactly my division and I did go door

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to door and speak to most of the residents on the block and one of the residents that was that lives

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right next to the property 50 55 I'm sorry you know 56 55 Carpenter he is greatly opposed and

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he was on the Zoom meeting speaking about it. The neighbor on the other side, we spoke with her

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directly. She had some troubles getting into the Zoom meeting. She was not able to voice her

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concern, but she did sign the petition. The neighbor that is across the street on the corner,

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for instance, just within that vicinity, although her area is zoned for multifamily use, she is

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vietnamese um against having that um you know to be a duplex so yes like the meeting that we had

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the zoo meeting was very very passionate um because we fought so hard with the community

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to get there and i was there helping my my division fight for that for our homes to be

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protected um we are not opposed to him if he would like to um redevelop the house as a home

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a three bedroom home as other properties on that block have there's also there's also a property

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that's for sale that they develop really nicely on that block um as a home um we would not be

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opposed to that but we are definitely opposed and we do not agree with creating a duplex thank you

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thank you very much you're welcome who else if so please raise your hand and give us something new

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different please no other hands are up okay I think I already asked the board

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Okay, I think I already asked the board.

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I'll just ask any questions from the board

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I'll just ask any questions from the board.

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Yes, Mr. Chairman.

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No.

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No.

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No.

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I'm going to ask questions, I think.

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Yeah, I'd like to know where the applicant lives.

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He lives at 71st and Elmwood.

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Mr. White, can you confirm that?

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Yes, I do.

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I bought this property approximately 11 years ago, and I live in a car lane.

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Yeah, the one on Elmwood.

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Who purchased this property on Carpenter?

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Was it single family or multifamily?

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A carpenter currently single family.

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Thank you.

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Thank you.

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Planning Commission.

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I'm sorry, Tom, you done?

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yeah i think i just want to i just want to clarify it when he purchased the property on

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carpenter street he understood it to be rm1 it is rsa 5 but he understood it to be rm1

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understood thank you planning commission

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the uh ready for the planning commission yes okay this uh property is indicated currently

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indicated for a single-family residential use on the city plan the applicant has not demonstrated

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necessary hardship regarding use requirements of the code it's inappropriately inconsistent with

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our adopted district plan uh and the recent remapping we recommended the dequest variance

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thank you and before i give my vote i'd just like to thank ms blunt and ms crawford and i suggest

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that you speak with the newly elected councilwoman because i got a feeling that there may be other

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applications coming in similar to this one about getting your remapping done

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with the Planning Commission on the other RM1 sites. Having said that, calendar

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