civus
Hearing video

ZBA Hearing - October 20, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Oct 20, 20205h 24m

an identical building was approved

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because

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we had a lot of

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support from the community, and this is what they want.

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For six units?

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Yep. 712 North 34.

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Yeah, and identical.

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Virtually an identical building.

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Remember that. You might be right. I'm not saying you're wrong.

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I just don't remember that. Okay.

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Any more questions on the board?

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No.

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And Mr. Chair, if I may just have my client adopt the testimony.

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Okay, you can unmute yourself.

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I muted you.

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Oh, hello.

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Yeah, Eugene, you heard all the testimony I offered to the board today?

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Yes.

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Yes.

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And you would adopt it as though you were giving it yourself?

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And you would adopt it as though you were giving it yourself.

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Yes.

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Thank you.

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And I also have two people with me right now that support the project as well.

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And I believe a couple more were supposed to log in, but they were having technical difficulties.

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Anyone else would like to testify in this matter?

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Please raise your hand.

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uh mr chair my client um mentioned that he had some neighbors with him uh at his location that

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would uh want to testify please have them identify themselves their names and addresses

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i'm gonna swear them in yes uh can you hear me yes this is william smith again at 7 30 north

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to Cobb Street, and I'm here to testify in his favor.

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You spoke on the last case as well, correct?

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Yes, sir, we did.

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So you're still under oath.

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Thank you.

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Anyone else?

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Yep, thank you.

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Here I have Andrew Goodman from the Council.

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Mr. Goodman, you're still under oath.

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Please identify yourself for the record.

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Andrew Goodman, G-O-O-D-M-A-N, Office of Third District, Councilmember Jamie Gaudier.

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please proceed all right so similar to the similar to the last address we're here to affirm what we

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submitted in written testimony which is standing with the coordinating rco in opposition to the

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application again this is obviously a kind of a note that we've hit in many previous cases that

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have come before the board in terms of when it comes to applications that go against community

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led remapping processes with no demonstrable hardship or community benefit um certainly have

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no um no qualms with new development um in the area but when it comes to um variations that go

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this far against the against the zoning um these decisions should not be made on a property by

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property basis so we oppose the application here today thank you anyone else i believe that uh

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Mr. Nadevich had one other neighbor that wanted to testify in favor please have him please have

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him or her identify themselves for the record go ahead and your address uh 4037 brown street

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you testified on the last case yes you're still under oath you're in support of this application

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yes very much so all right thank you uh i want to go back a second you said last week this board

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approved the six unit and what was that address it's seven one two north 34th

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and was there a letter of opposition or support from that from the rco and was it is would you

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happen to know if it's the same rco it is the same rco manchua civic association and there was a

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letter of support uh for the project i don't recall exactly what the vote was but it was

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pretty roundly in support i can resend it if if if you're interested uh yeah i'd like to see that

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because i'd like to i'm going to suggest that this board that this record be closed in the

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board to render the decision that the next executive session Wednesday the 29th I believe

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it is. Chair we do have another person who wishes to speak. Oh sorry about that whoever it is please

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identify yourself for the record. I'm Joseph Pickford. You can unmute yourself and wait to

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be sworn in. Please identify yourself spell your first and last name. Joseph Pickford J-O-S-E-P-H

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P-I-G-F-O-R-D

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Your address?

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717 North DeKalb Street

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And do you swear and affirm to tell the truth

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the whole truth and nothing but the truth?

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Yes, I do.

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Please proceed.

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I'm in favor of you, Dean.

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Okay.

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Thank you for your time.

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Planning Commission.

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I'm sorry, Tanya, anyone else?

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Andrew Goodman is

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um raising his hands again mr goodman yes i i pulled up the different um the rco letters if

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that's helpful for the record uh yes so to by point of comparison um these are both seen by

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the same coordinating rco mantra civic association the letter for 712 north 34th which is the

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a comparable project that was referenced by the applicant.

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That vote was 21 in support and four in opposition.

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That vote was 21 in support and four in opposition.

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And then by means of comparison, the RCO meeting summary from that same RCO for this particular site was 14 in support, 36 in opposition, one abstention.

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Okay, I'll try to figure that one out.

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All right, thank you.

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Thank you very much, Mr. Goodman.

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Planning Commission?

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Paula, you're muted.

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I'm having a dog problem at the moment, so please hold on for one second.

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Okay.

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No problem with dogs.

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i'm sorry about that my dog decided to talk because he wanted to give an opinion

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please identify yourself for the record paula burns with the city planning commission and i

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first want to note that the wait one minute paul and let them swear you in oh okay the whole truth

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and nothing but the truth i swear thank you please proceed i want to first start out with our

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comment that just because there is a case at 34th street that was approved for six units

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that doesn't mean that that's a justification for a variance that means there happened to be

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six units seven blocks away it doesn't it's not necessarily comparable on lot size on house style

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on history of the property so we would ask the board to not consider that as a justification

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for a variance now our recommendation this property is indicated for residential use on

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city plan and is primarily a single-family use block. The applicant has not demonstrated-

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Oh, I just lost you.

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Really?

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No, we have her.

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Can you hear me now?

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I can. Can you hear me?

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Okay, it sounds like you might be having issues with the service.

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Frank, if you can log out, log back in again.

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I'll be here.

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Sorry about that. I keep-

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That's okay. We've had two computer crashes in our agency today.

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This is like nonstop today. I heard what you said, something about just because we, whatever, about 34th Street and then I lost you.

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Okay. We were starting out that because somebody says six or seven blocks away, there was another case that you granted to six units. That's not a justification for a hardship. That doesn't mean they were comparable. They just happened to be in the same neighborhood.

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there could have been a lot of different circumstances.

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So we would recommend that the zoning board

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not use that as a justification for a variance

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on what happens that way.

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Each case should be done on its own merit.

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So our recommendation though is the property is indicated

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for residential use on the city plan

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and it's primarily a single family use block.

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The applicant has not demonstrated unnecessary hardship

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regarding the requirements of the code.

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Additionally, the applicant mentioned

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that they would be providing affordable housing

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as a benefit but they have not entered into a deed restriction with the city nor the community

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and there is no guarantee to the community that they will be put in or remain once approved.

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There's nothing that's going to say they have to stay affordable.

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This is a problem when people say this at the Zoning Board, oh we're putting in affordable,

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it's an empty promise to the community in many cases.

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The application represents an inappropriate overuse, not consistent with our adopted district

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plan and we recommend that both the requested variances not be granted. Thank you and I do

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concur. I've said many times in the past we take each case on its own merits. I just was curious

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about it with being six units and I wanted to see where it was in proximity to this so I was going

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to ask that we hold this the board holds this until Wednesday the 28th at its executive session.

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And I would note that that distance of four blocks is farther than an RCO notification requirement, but it's also farther than the state's 500-foot impacted neighbors.

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So in both of those cases, it's a bit too far for an option kind of to consider.

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I agree, but for my own purposes, I'd just like to see that.

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Mr. Slepner, you heard-

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I was letting the applicant know that more.

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Yes.

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You heard Ms. Brombello talk about the affordable.

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I did.

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You want some more time to talk to your client about how you can realize some of these issues?

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That would be helpful, maybe?

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That's fine.

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I will definitely convene with my client about that.

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I can say that it's likely that he wouldn't be opposed to signing it.

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I don't want to commit him here, but I know what my impression is, but I will convene with him.

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I did also want to add, again, for the record in this matter, and I discussed it previously in the last matter, but I'll bring it up again so that I'm on record.

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and i discussed it previously in the last matter but i'll bring it up again so that i'm on record

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mr goodman of the council member's office uh previously we had appeared before the board um

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my client myself and mr goodman have been here with regard to another project on this block

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and you had ordered that we um meet with mr goodman and meet with the rco and we had contacted

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mr goodman on that project uh and he was very helpful in facilitating a couple of meetings

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Again, with the RCO leadership and with the near neighbors on the block, I did contact Mr. Goodman yesterday, at the very least, asking if he was able to facilitate something or even if it would have been after this hearing to facilitate something.

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um you know i understand mantua is busy and and very busy these days and um you know they seem

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to be the next hot neighborhood and i think the mantra was civic we couldn't make our calendars

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work so quickly but you know we're certainly open to talking with them again um i in fact

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had emailed him at the suggestion of my client so um i just want to go on record as that and

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mr goodman has been very helpful he's been great with helping like facilitate these things

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so um just well then i mean if you if we if it works then we can continue this case

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well um i i you know we had

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that's i mean listen that's your call i know it's my call but if you think that there's an

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opportunity to have further conversation you know i wouldn't amend this i wouldn't be opposed to it

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i don't think my client would be opposed to it um if it if it can help us reach a consensus great i

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know what the result had been in the other matter um and you know you're you'll hear a testimony on

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that next next tuesday um with regard to all that uh i don't want to you know i don't want to get

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too far afield here but they are you know they're the same same developer same blocks and me you

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know so that's why i'm bringing it up and mr goodman i i i okay i hear what you're saying

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i'm sorry chair i just got confused when we said that we'll hear testimony next tuesday

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no i would say i was going to do executive session but then i kind of switched gears and thought

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based on the conversation would it make more sense for the developer his attorney

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and the community to have any further discussion i don't know if they'll ever come to any agreement

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or any changes in the number of units.

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But I'm just putting it out there

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as a potential further discussion.

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And again, as you know,

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we don't know what the outcome of that will be.

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My client is open to that.

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So if that's how you wanted to proceed,

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we'll talk to Mr. Goodman

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and we'll talk to the RCO chairs.

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And understanding that it's a corner property and is directly next door to a quadruplex, I understand that as well. And that's why I think that it might be beneficial to have another go around in terms of having a meeting with the RCO.

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So if that's an agreement, I'd say that this hearing for, hold on please, MI-2020-0000893801 Brown Street, this hearing will be resumed.

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Do you have a date for us, Tanya?

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I would like to give it two weeks.

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Whatever works for you, you tell us.

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I would say November the 3rd and 9.30 for this one.

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9.30?

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all right okay so uh this this hearing will be uh resumed on november the 3rd at 9 30 a.m at

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which time we will consider any feedback related to the rco's position and the councilwoman's

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position. Okay? Thank you.

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Thank you.

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I think

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Howard Street is next, confessor.

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Okay, next one up.

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You said

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Howard Street

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on 17.

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