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Hearing video

ZBA Hearing - December 9, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Dec 9, 20206h 34m

I just want to tell you what they are so you have a little bit of a roadmap.

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First, this is a case about a use variance and also several dimensional variances.

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And we're going to point out that no hardship has been demonstrated and that we can actually prove that this can be used.

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in compliance with the zoning code we're also going to focus on the character of the neighborhood

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we have a lot of photos to show you we're going to focus on the lack of parking in the neighborhood

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and we're also going to focus on traffic safety issues we don't have any experts

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we just have residents and their observations and photographs and experiences

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witnesses, but we think that that will show pretty much.

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So I am going to share my screen here.

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Let's see.

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Okay.

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Well, this is from last time, and this is from today, and you will see that we have

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five witnesses we may have a sixth depending upon if we need the sixth but we have five witnesses

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and the first witness i'd like all of my if possible ms sunkett i'd like all my witnesses

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to raise their hands and be recognized and then we can just move through them one after another

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or would you rather they raise their hand only when we get to them um yes once we get to them

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Okay, then my first witness is Freda Williams, and I'd like Ms. Williams to raise her hand and be recognized, please.

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Afternoon, Ms. Williams. Please identify yourself with a record, name and address.

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She hasn't raised her hand yet, Chair.

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Can we go to the next person, Mr. Bonney?

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We'll come back to Ms. Williams if we have to.

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She's available now. Ms. Freda, you can unmute yourself. I'm waiting to be sworn in.

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OK.

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Good afternoon, Miss Williams.

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Please identify yourself, name and address.

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Good afternoon.

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My name is Freda Williams.

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It's F-R-E-I-D-A, Williams.

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W-I-L-L-I-S.

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It may be looking like John Williams.

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It does.

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We got her.

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She's on.

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Paul.

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Paul.

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can everyone else hear me i can yes chair we can hear you fine paul could you hear me

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you're muted paul sorry there was a blip hear me i can hear you okay miss williams was just

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giving us her name we'll get her address and i'll swear her in thank you okay you have my name

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yep and the spelling got that okay thank you and i live at 815 asbury terrace

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

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yes sir i do thank you ma'am mr bonnie okay ms williams i'm going to turn the floor over to you

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and i'll just uh scroll through the exhibits as you speak okay well again my name is freedom

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Williams. I am the co-chair, well actually I'm the chair of the Housing and Zoning Committee of the

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Oak Lane Community Action Association, commonly known as OLCA, and we are the RCO for this

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particular matter. And today I would like to describe to you who we are, talk a bit about

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the immediate neighborhood, and report to you the votes of the community at the two RCO meetings

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that were held on this matter. And then I also want to bring to your attention the strength of

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our opposition to this project. I guess everyone thinks where they live is the best place, but

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you know, we take a great deal of pride in East Oak Lane. It's a very old neighborhood. It was

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established in 1683. We have a long history of community engagement. Aside from OCA as an RCO,

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We're a community organization. We have our tree tenders. We have the Friends of the Oak Lane Library.

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We have multiple organized blocks. We have many block captains.

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And many in this neighborhood have a book where East Oak Lane is actually featured.

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It's called The Images of America, Oak Lane.

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It's called The Images of America, Oak Lane, Olney, and Logan.

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And in the introduction, the book states,

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in East Oak Lane, the home builders erected mostly large, elaborate, detached houses.

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Mr. Chairman, I'd like to object to this.

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This book is not in evidence.

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I haven't seen it.

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Yeah, I'll sustain it.

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Okay.

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With all due respect, Ms. Williams, I appreciate.

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That's fine.

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we can appreciate the pride you have in your community i'm well familiar with your community

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we can get just to the heart of the matter as to what the opposition is about

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thank you we can we can omit this exhibit i'm gonna let's keep please keep going ms

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williams we want to cover a lot of ground okay sorry i'm not seeing any of you mr bonnie we

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have no exhibits up. Oh, okay. Well, that's a problem. I apologize for that. Do you see it now?

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Yes, we do. Thank you. Okay. Well, so this is what you missed. And then this is their website.

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And then this is the book she was quoting from. And it's just the introduction to a book. But

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Why don't you continue? We can ignore this exhibit, and Ms. Williams, please proceed.

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Okay. Well, basically, again, what I want to bring to your attention is that

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there are, you know, if you look at the subject property, you can see up and down Oak Lane that

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there are, yes, a few institutional uses. There's a school. There's a firehouse. But basically,

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this project is surrounded by homes, detached residential homes. And we're the people who live

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in the homes. We, you know, we didn't come here by random. We chose to be here. And we are a

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diverse community. We've been an active community, but actually this project has galvanized us in a

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way in terms of opposition, which is a bit stronger than has

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been that has happened in the past. We, if you look at the

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property, not a drawing, not a rendering, but if you actually

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look at a photo of the property, it's vacant, it's a flat

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corner lot. And you can see the property from Oak Lane. You can

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also see all of the other homes, detached single homes that

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around this area. I believe that there were some photos, I'm not sure if you can see them or not.

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But nonetheless, since you asked, and it came up before that was about the width of Oak Lane.

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And I did go out, I went out with Mr. Boney, and we measured from curb to curb,

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and it was considerably narrow at 12th Street, and it was 22 feet six inches wide.

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There's also, we pointed to out the narrowness of the driveway on 11th Street.

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And I understand that the engineer talked about it being a concept and they would make changes as necessary.

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But currently, as it stands, this is a very narrow driveway and there's a set of stairs that jut out.

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And then there are stacked, you know, there are cones that are stacked and the church uses that.

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And sometimes they put the cones out and then that eliminates parking.

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So, again, you know, just just to let you know, and I wish you could see the photographs and you could actually see more of what the actual neighborhood looks like.

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As to the RCO meetings, I have submitted reports from the RCO meeting from February 12th, I believe.

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it was sorry only yes um chair did we lose paul bonnie i was just thinking the same thing i don't

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see him yeah miss williams could you please pause sure mr bonnie are you out there yeah i don't see

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him here. I just looked. I don't see him either. I'm not seeing him either.

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Ms. Saletta, do you have contact for Mr. Bonney?

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Yes, I will give him a call on his seat now.

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Thank you kindly.

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Thank you.

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Mr. Bonnie signed on

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on his ipad he is on can you um identify and keisha can you promote him yeah thank you

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there we go got you back

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okay miss williams continue please and if you can summarize it would be helpful

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oh let me try and get the exhibits up on this um okay i was just pointing out to to the board

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that, again, this particular area, the particular site, is basically surrounded by residential

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detached single-family homes. But I was bringing to your attention that we had submitted as the RCO

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two reports regarding both addresses, 1100 and 1122 Oak Lane. The first RCO meeting that we held

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was held on February 5th. At that particular meeting, over 100 people came out. 82 people

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voted in opposition. 15 were in support of the request for variance. There were a number of

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objections that were raised with regard to why they felt that this was not the appropriate site.

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But the primary one is that this is zoned as single-family housing, and that is what we believe

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it should be used for. In the second RCO meeting, which was held October 22nd, and we also sent a

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report for that, we objected to the unity of use application by the applicant. Again, because this

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supports the original application, we are not in support of anything that supports this project.

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As we've indicated previously, we have concerns about parking. We know they had a parking engineer

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or they had you know someone who did parking however we live here and we are the ones who

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experience our need for parking and having to walk from this place to that place and uh parking is

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one of the concerns that we have and actually from what we can see just based on the refusal

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it indicated that the church only had five spaces and now they want to share those five

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when on the on the refusal it actually states that the church was to have 32 spaces. Now how that was

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how they got a variance for that previously we don't know. I'm only going by what is on the

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actual refusal or the application that they made at this time. So we are not in support at all of

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any shared parking. The next thing I'd like to bring to your attention is that you may have

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received multiple letters because our neighbors, as I've said, were very much engaged in a series

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of actions that were in opposition. And one of the things that we did were yard signs. I think

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we've lost Mr. Boney again. And he had our exhibits, which were to show you that we had over

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100 signs that stated no, no to this apartment building. When you strip away the title of senior

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affordable, whatever you want to call it, the bottom line is that this is an apartment building

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with 40 units and the potential for 40, 60, it's a stretch to go to 80, but certainly there are

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some people who would be couples and therefore we're not only talking about 40 additional

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persons being added at this one site. In addition to the yard signs, which we didn't have to beg

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people to obtain, they called us. They were willing to pay. That's the level of opposition.

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We held not one, not two, but three rallies. I'm sorry you don't have the photographs to show you

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how many people actually came out. At two of the rallies, 75 people came out in opposition.

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In the last rally that we had in September, we actually had signs where, you know, we knew we

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couldn't come to the ZBA. And so we came out and we stood and we asked you to vote no. That was

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the purpose of that particular rally. So once again, what we would say is that we consider

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ourselves. As citizens, taxpayers, property owners, we are held to a certain standard.

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We're expected to participate in, you know, the process. We're asked to participate in RCO,

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and we're seen as being competent to assess and measure and to make determinations about our

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to assess and measure and to make determinations about our neighborhood. And that is what we have

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neighborhood.

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done. So in the second RCL for the unity of use, I don't know if I reported the actual vote,

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but it was 64 opposed and two in support. So again, the only thing that I can say to you,

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Mr. Chairman, I'm sorry to interrupt. This is Sharon's letter. Mr. Bonnie is asking that he

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again be promoted he has signed on his main computer i apologize for interrupting and if you

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can just um allow me miss williams yes sir yeah you can conclude that would be helpful thank you

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okay so my conclusion is that we are asking that our judgment as experts in our neighborhood

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be respected and acknowledged because we are indeed the experts as to what belongs

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in our particular neighborhood. We have no objection to senior housing in general. We are

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simply saying this is not zoned. It's inappropriate, the height and the use. And we would say that

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they should that what should go there is what it's zoned for single family detached housing

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thank you very much thank you for your testimony very helpful thank you mr bonnie

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can you see my screen mr chairman all we have is the uh introduction into the uh yes history of

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oak lane i'm just going to rapid fire scroll through these exhibits this is the um photograph

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that ms williams was referring to that shows the neighborhood this is from google all the houses

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in the back around and i'll just continue this is the subject property that she was describing

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as flat and vacant that's one side of it that's the other side of it this is the property looking

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from Oak Lane, as she mentioned, straight through to Ms. Young's house. Ms. Young's going to speak

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next. She lives in the house to the right. This is the narrowing of Oak Lane, Mr. Chairman. We

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spent some time on this last hearing and also a few minutes ago. As you can see, looking straight

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up Oak Lane, it radically narrows on the block of the subject property. The subject property is to

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the right, on the far right corner. And as you can see, Oak Lane really narrows considerably.

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I hope you can all see that. And that's a two-lane street. This is the rear driveway

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on 11th Street that I measured as 9 feet 10 inches. This would be the entrance to the

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parking spots. This is a little closer. This is me sort of holding the camera above the gate.

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And this is the looking at that entrance from 11th Street. You can see the two neighbors right

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next to that driveway have lawn signs protesting this project. These are the various lawn signs

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that are around the neighborhood. The purpose of these photographs are not just to show you the

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lawn signs, but also to show you the single-family homes that are in this neighborhood. I'm just

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going to scroll right through it. Gorgeous house, beautiful houses, beautiful neighborhood,

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beautiful neighborhood. Now these are the rallies, and I'm almost at the end here.

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This is one of the rallies that was held specifically to oppose this project,

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which would be right across the street. You can see the vacant lot on the right-hand side.

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Here is another different rally.

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And now this is the difference.

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So these are two rallies altogether.

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And then the third rally is in the next page.

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This is at the zoning board hearing that was ultimately canceled for procedural reasons.

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And instead of coming, we can't come to 1515 ARCH.

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so all of the neighbors uh associated with the rco gathered at the site and held signs

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to try and mimic as if they were in your boardroom i'm going to object to all these photos of these

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rallies i don't i don't have any way of knowing who these folks are where they live how close

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they live to the property i have no way no way of vetting that out so i would just object to

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these and ask that they be stricken from the record i hear what you're saying but i just don't

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see people coming from other parts of the city. I'm familiar with Oak Lane and how they operate,

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so I'll overrule your objection. Okay, thank you. So now I'd like to call Ms. Yvette Young if she

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can raise her hand. Yvette Young, you can now unmute your mic, say your name, and wait to be sworn in.

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And Paul, I would ask that you instruct your witnesses if we can come up, have...

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And Paul, I would ask you to instruct your witnesses, if we can come up, have a discussion

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or comments, something new and different, not to be disrespectful, but in the interest of time

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that would be helpful. Yvette, are you there?

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Yvette, I hear a lot of static. Yvette, we hear a lot of static. Ms. Young?

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So I muted her, Ms. Young, if you could reconnect, maybe with a telephone.

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So could we move to the next witness, Tanya, while that's happening, or let's move?

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Yes, Chair.

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We can move to Mr. Matthews.

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