civus
Hearing video

ZBA Hearing - December 21, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Dec 21, 20225h 24m

as I said to you, Mr. Chairman, pushing the house back 13 feet. And by doing that, we actually

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increased the open air space by a few percentage points. But at least it was a change for the good,

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not only in pushing the house back, but also in terms of occupied area. So this is the proposal.

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This is 12-22. The next project I'll present is 12-20. 12-22 is on the corner, as I said,

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and it's going to be a three-family dwelling.

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When we met with the community,

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there was some sense that the owner indicated

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that these were going to be condominiums for sale,

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that there were not going to be rental units,

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and the community was pleased generally

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that there would be home ownership opportunities

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for people in the neighborhood.

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It's close to transit.

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It's close to Girard Avenue.

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It's close to Parkside Avenue.

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and we thought that this would be a good fit. We don't have any issues with regard to

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height or open space. It's simply one of use. This property, incidentally, is zoned CMX1.

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Again, commercial use on this corner doesn't seem viable. Gerard Avenue is more of a commercial

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strip than 41st Street, and there are no other commercial properties on this block. At one time,

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it was zoned CMX2 and recently was down zoned to CMX1. So this is the site plan indicating the

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house has been pushed back to again match the front facade of the single four-family property

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on the block. Floor plans, I can go through the floor plans. I'll start at the top, work my way

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down. This is the roof deck on the top providing access for the inhabitants on the third floor,

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which is on a two-bedroom unit. On the second floor, another two-bedroom unit. And for trash

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purposes, you can see that there's a trash closet for both the second floor owner as well as the

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third floor owner. And then the final unit will be on the basement of first floor. That would be

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a three-bedroom unit, and it also has trash storage and also access to the rear yard.

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We have a tax certification and the other pro forma documents you typically see

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in a presentation such as this. This is the zoning map indicating that the lot is

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in a presentation such as this. This is the zoning map indicating that the lot is rather small.

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It's actually cut in half. The back end is a different lot owned by someone else,

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but we still managed to meet the open air requirement and rear yard requirements,

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despite the smallness of the lot at the corner.

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What I did want to show the board was, it's our certificate of mailing, but our zoning record. So

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On this block right now, there are five multi-unit properties.

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One is eight units, one is four units, one is six units, the other four units, and then a duplex.

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Some of these units, eight dwelling units, were approved within a year.

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One was just approved in 1221.

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That's 1203.

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It's not under construction yet, but it will be.

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This property is 1204.

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And this is four family.

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This is 1213, six family.

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Again, this was approved last year, July of 2001.

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This is 1216.

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This is four apartments.

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And then finally, 1217.

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this is a two-family dwelling and then 1217 this is also a multi-family a two-family dwelling

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so we have a situation with the cmx1 zoning uh qualification we've eliminated one refusal

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we are in a block which is predominantly multi-family in fact i don't think there's

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any single family properties. I know there are no single family properties on our side of the

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street and across the street. And I'll go to the aerial photographs. Across the street, there's

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also vacant lots. This is a property which, again, funds on Girard Avenue and doesn't fund on 41st

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Street. So our project is not affecting the light and air of any adjacent property. It doesn't alter

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the essential character of the neighborhood or the block the block is in fact a multi-family block

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we are not impairing the development of any adjacent property and we're in harmony with

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the code generally so with that i'd ask my client to unmute himself keith if you can

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i'd ask you to adopt my testimony

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hello can you hear me yes

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Hi, my name is Keith Sheed, K-E-I-T-H-S-H-E-E-D.

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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.

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Proceed, Mr. Kahn.

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Mr. Sheed, were you on the call when I presented your project?

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Yes.

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If you had the opportunity to testify, would you adopt my testimony as your own and as true and correct?

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Yes.

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Thank you, Mr. Sheed.

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Questions from the board?

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No, Mr. Chairman.

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No, Mr. Chairman.

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Questions or comments from the virtual audience?

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Mr. Chair, I have a Sandy Carter with their hand raised.

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Okay.

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Understood.

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Hi, could you state your name, please, and spell for the court reporter?

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I have to promote Ms. Carter to a panelist because she was using an older version.

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Good evening.

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My name is Sandy Carter.

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Hi, how are you?

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I think I swore you in once before.

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Yes. I'm the same person. I waited patiently.

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So proceed, ma'am.

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Okay. The first thing I'd like to say is I attended the original RCO meeting, and I am a resident of East Parkside for over 50 years.

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Okay. The CDC RCO is the one who had the meeting, and it was heavily opposed.

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Okay.

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There were several issues raised, and a lot of it had to do with the multifamily units.

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They were presented as condos, and we do not want any condos in our area because we're trying to keep the integrity of our community, and we want single-family homes wherever possible.

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that building that he showed the picture of across the street was built there only because

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the pandemic was going on and the residents didn't know anything about it

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if you look at it from the view of the whole block

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If you look at it from the view of the whole block, it does not fit with the integrity of our community.

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it

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We are in a historical residence area and we would like it to remain as such.

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Okay.

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And the RCO can show you the letter of opposition from the CDC.

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It was never approved.

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Okay.

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Okay. Ms. Carter, are you aware that we revised the plans and that we had back and forth on

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the support? No, I wasn't, sir, because I only attended one RCO meeting. I was not aware that

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another one had taken place. But I'm not saying another meeting took place. I'm just saying that

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we revised the plans in response to the opposition and then resubmitted it because there was a

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lot of opposition. There was comments about multifamily use, but there was also comments

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about the fact that the house should be pushed back, which we have done. I'm just bringing that

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to your attention. That's all. Okay. Well, I appreciate that. But like I said, we were never

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re-informed that negotiations were being met other than with the community. So I would recommend

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in that you bring your new proposals back to the RCO so that the whole community can vote on it

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that's the proper thing to do Mrs. Carter thank you for calling in we appreciate it and I would

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say Mr. Clinton has another case that's coming up and your testimony would be the same for that

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right correct right okay thank you very much anyone else in the virtual audience

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i see a mr jihad ali i have allowed them to speak

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mr ali state your name and spell for the court reporter please

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my name is jihad ali j-i-j-d-a-l-i right do you swear or firm to tell the truth the whole truth

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nothing but the truth all right fine proceed so uh as uh as the counselor indicated we did have

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the meeting i apologize i can't bring my photo up uh instead of the uh pp equipment on but uh

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we had a meeting and the uh the as the as the attorney said we had had some reservations about

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he was up on the property line we asked him to push the building back we had some concerns about

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uh the overall look on being on the property line we met with the developer uh we talked to him the

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issue uh as Ms. Carter pointed out you know um a lot of people just can't weren't grasping the

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concept that a condominium is home ownership um it's not a rental it is a it is home ownership

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it is a way for a person to accumulate wealth um and there are there is a market for people that

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want to be in a neighborhood that want to stay and want to have a sense of home ownership so we

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encouraged this developer to um to because it was home ownership we wanted to work with a developer

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like that as the lawyer pointed out we've been through this zba process numerous times as he

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pointed out 12 13 11 32 11 30 11 33 4105 gerai 1203 1204 those are all things that we were opposed

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yet we lost so we started thinking well let's let's look ahead and let's try to change our

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strategy and let's work with developers that are going to build homeownerships we first started

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with one developer came in the neighborhood and he built two single family homes for uh in the

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40 40 100 block in cambridge and they sold they were four barrel units they sold for 400 000 so

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we knew we wanted to try to get the cost lower so we could work with a developer that was willing

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to do condominiums that will make more affordable we wanted to support them and that's why we

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support them on this and also i want to mention we're working with the councilwoman uh she just

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has transferred 39 properties into the z into into the land bank for future home ownership

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but we want to be able to maximize home ownership and the condominium concept is something that we

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we're going to embrace again so for that reason we supported this project thank you thank you

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for your call, Ms. Rowley.

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Anyone else?

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I see no further hands, Ms. White.

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Planning Commission.

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I'm sorry, Chair, to interrupt you,

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but Ms. Arlisa Carter has her hand raised.

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I have a lot of speak.

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This is Ron Bednar, City Planning.

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Ron, wait one minute, Ron.

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Ms. Carter, come on back on.

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Ron Bednar, City Planning.

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No.

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One minute, Ron.

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hi hi can you hear me yeah i can my name is arlesta carter right i'm also spell your name

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Hi.

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Hi.

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can you hear me yeah i can

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please for the court reporter a-r-e-l-e-s-t-i-a carter right i am also a lot of minute wait a

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minute wait a minute do you swear affirm to tell the truth the whole truth nothing but the truth

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i do proceed i attended the meeting also in the community for the rco and the lead rco at the

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time was centennial parkside cdc and originally apartments were presented

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uh when the community seemed to oppose all the overcrowding of having so many

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so many apartments in one place condos were kind of introduced

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now condos really threw us for a loop as residents because

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we we we were against the overcrowding one then to throw condominiums in the mix

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we don't have condominiums in our community uh condominiums we weren't really in favor of

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the leadership there are a few people who have leadership positions a few people

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who represent the community but they're not they they represent but the majority of the community

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was against this and i strongly recommend that we come back before the community with this

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condo business because okay we were we were against that okay we were totally against that

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not that we don't we want to see building in our community but

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we're being overwhelmed with quite a few things that we didn't welcome into the community. Most

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of the homes were originally on this block were single family homes. And the construction people

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are inundating our community. We're getting blows from every direction about changing it

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and to multifamily homes.

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And it's a big, it's a lot.

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It's a lot.

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And the rebuttal.

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Ms. Carter, I understand where you're coming from

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and I understand your position.

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Okay.

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And I appreciate your calling and let us know.

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Okay?

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Yes.

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Is there anyone else in the virtual audience?

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I miss Roberta Connor Leahy with her hand raised, sir.

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Okay.

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hi could you please state your name and spell for the court reporter roberta r-o-b-e-r-t-a

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lighty l-i-g-t-y connor c-o-n-n-o-r roberta lighty connor do you do you swear or affirm to

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tell the truth the whole truth and nothing but the truth yes proceed okay i just wanted to make

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a statement um about condos okay condos are considered home ownership number one number two

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the owner of each individual um apartment have a right to rent out their space or their condo

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or whatever uh we're calling it a condo now the whoever buys that they have a right to rent it out

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as if it was an apartment because that's what it is you're really buying an apartment

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I just wanted to make that clear okay well thank you thank you for your call and we appreciate your

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input is there anyone else in the virtual audience mr keith she has his hand raised against her

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who is the key sheed

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the the owner of the property i believe so yes henry do you want him to testify again

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keith

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you're fine do you want him to testify he can speak yes okay bring him on hello

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yeah proceed no i touched the button by accident i apologize okay fine that's fine

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all right planning commission this is uh ron bednar city planning for the bacon property at

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This is Ron Bednar, City Planning.

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The vacant property at 1222 North 41st Street is currently indicated for commercial mixed use on the city plan.

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one, two,

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