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Hearing video

ZBA Hearing - January 12, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Jan 12, 20226h 5m

Questions from the board?

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No, Mr. Chairman.

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No, Mr. Chairman.

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No, Mr. Chairman.

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Okay.

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Other testimony from the virtual audience?

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I see no hands at this time, Chair.

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Planning Commission.

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Good morning, Chair Bergman.

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and Ian Hegarty for the Philadelphia City Planning Commission.

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Morning, Ian.

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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.

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Proceed.

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Thank you.

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Members of the board, good morning.

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The comprehensive plan recommends a zoning map change to RM1 at this location.

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That's a multifamily zoning district recommended in the comprehensive plan.

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The proposed use conforms to the recommended zoning district

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and is therefore consistent with the comprehensive plan.

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and the City Planning Commission recommends

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that the Board grant the variance.

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Thank you.

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MI 2021-003389-1124 South 10th Street, I vote yes.

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Carol Tenere, yes.

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Thomas Holloman, yes.

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James Snell, yes.

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Ishmael Shaheed, yes.

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Thank you all.

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Thank you.

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MI-2021-003344, 1217 Standwood Street.

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RCO, Fox Chase Home Association, a letter of support.

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Pro se owners, Douglas and Margaret Beyer.

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Mr. and Mrs. Beyer, either one.

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Sarah, Mr. Byer is coming back in as a panelist now.

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Thank you.

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Mr. Byer?

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Sarah, you need to unmute yourself.

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hello good morning mr byer could you state your name and spell for the court reporter yes

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yeah good morning board my name is douglas byer b-y uh first name is douglas d-o-u-g-l-a-s last

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name's Byer, B-Y-E-R.

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Do you swear for him to tell

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the truth, the whole truth, and nothing but the truth?

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Yes, I do.

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Okay, our Deputy Chair has a few

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questions for you.

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Okay.

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So I'm deputized now. I like that.

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Do you agree to waive the reading of the refusal

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and stipulate to its accuracy

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strike that? It appears

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on my notes

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that you have submitted the required

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documents.

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Yes, I have.

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okay you may proceed you do have a letter of support from the fox chase homeowners association

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yes okay you may proceed tell us what you want to do mr byers yeah um i want to have a um

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a walkway out of the side door as opposed to building a door in the back

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or having a door installed in the back, which would be very costly.

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There's already a door there.

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It would come out about three feet approximately.

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You can see it by the plans.

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I don't have the plans with me, but I've submitted them.

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It's just an access to the deck that will be behind the house.

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That's pretty much it.

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You're building a deck behind the house?

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Yeah, we want a deck built behind the house, and we want to come out the side door, an existing side door, and come out to the deck from the side of the house, as opposed to coming out to a door in the rear wall, which is really not, you know, ecologically safe or whatever you want to call it.

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So just out of curiosity, why don't you give us a little sense of what it looks like?

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I mean, how big is the deck, you know, things of that nature?

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It's going to be approximately 15 by 15.

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I'm not sure it's in the plans.

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I don't have the plans with me.

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I don't have any of my paperwork.

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I've had to run out for a funeral.

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But it's approximately 15 by 20 maybe.

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I'm sorry, Chair. This is Tanya. We don't have anything to present to the attendees?

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I'm sorry, Chair.

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This is Tanya. We don't have anything to present to the attorney.

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No. No, we don't. It's really difficult.

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I've never done this before, so I'm sorry.

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I know. I know. I know. So here's what I think we're going to do is we're going to continue your case, right?

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Okay.

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And then the next time, maybe you could be at a location, you could put up on the screen the plans and things like that, and I think it'll make it much easier for us to do it.

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understand it's just impossible to understand what it looks like and things like that and i'm

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not i know you never did it before i know you have a funeral so what we're going to do is you'll hear

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from us we'll continue your case and when we continue it's going to be must be tried and i

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would recommend that you sit at a computer or someplace and just show us what the deck looks

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like when you're when you do it okay okay hi this is tanya again mr buyer um we're scheduling

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currently for June so if you wish to reach out to me I can schedule you quite readily because of

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just a little bit of a glitch and then we can have you come back very soon okay okay yeah you can

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you can schedule it as soon as possible so that's fine well that's not how it works so that's why

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yeah but make sure you reach out there Mr. Beyer make sure you read out to reach out to Tanya okay

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Tanya okay what's her last name tanya.sunkit at phillit.gov you can just email the RCO box

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and we will assist you in that way. Okay? Okay, great. Thank you. Thank you, sir. Sorry for your

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loss. MI 2021 003344 1217 Stanford Street is continued. MI 2021 003350 1344 South Opal Street,

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Roger Perry

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RCO Point Breeze

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Development Association

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Petition of Support by Near Neighbors

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Mr. Perry

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Mr. Perry's coming back in now

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as a panelist here

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Okay. Mr. Perry, do me a favor, state your name and spell it for the court reporter.

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Thank you, Mr. Chairman. My name is Roger Perry. I'm an attorney for the owners,

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R-O-G-E-R, last name P-E-R-R-Y. Address is 734 South 4th Street, Philadelphia, PA.

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Do you swear for him to tell the truth, the whole truth, and nothing but the truth?

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I do.

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Okay. Our vice chair has a few questions for you.

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Mr. Parry, do you agree to waive the reading of the refusal and stipulate to its accuracy?

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Yes, I do.

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It appears in the notes I'm looking at that you've submitted everything that's required.

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You have a letter of no support from the RCO Point Frees Community Development Coalition and a petition of support signed by the near neighbors.

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So you may proceed.

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Thank you very much, Mr. Chairman.

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Welcome, members of the board.

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This is an application for a single family home by the family desiring to build a family home for four adults, all immediate family members.

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In conjunction with that, the refusal was issued for a one-car garage in an RSA 5 district.

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The only refusal is that garage.

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Dealing initially with the letter from the Neighborhood Association, we note that although 41 people attended the meeting and there were five in support, there were only five in opposition to the garage.

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I'm going to put up the documents now. Oh, I lost. Where am I? Okay, you should be able

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to see those now, I hope. Yeah, Mr. Chairman, can you see those?

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we can yep okay so here's the list uh there's also an additional uh tax certification uh the

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refusal as you know is for the one car parking uh application for appeal if we come down to the uh

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plans it'll give you an idea of what the family intends to do with this current vacant lot

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So here is the initial drawing. This is a single family home. First floor would only be a garage and utility use, and then three floors.

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First floor would only be a garage and utility use, and then three floors with three bedrooms, approximately 540 square feet per floor.

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Right now, the intent is that the family building the home will have their parents who are 78 and 80 years old living with them.

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And that's one of the prime reasons that they're requesting off-street parking for safety and easy access.

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We've also submitted plans we can come back to in terms of the construction, but we have submitted photos.

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This is the posting of the vacant lot.

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And on this particular street, this is the block here.

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You'll see that there are both single garages and off-street parking, and there are also homes on the block with similar garages and curb cuts and so forth.

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We don't feel that this variance would be any violation of the public's health, safety, or welfare.

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In fact, it will help the developers.

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This was the letter where there were five support and five oppositions.

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And my client went out and met with the near neighbors with the refusal and got approximately 16 signatures in support of the property.

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Tax clearance certificate was submitted to the board.

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We feel that with the nature of the block having existing off-street parking, that this would be consistent with the block and also a benefit to the neighborhood to get this property, which is one of the cutouts on the block, developed as a nice single-family home, as indicated here on the plans.

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and there may be uh uh are the lambs here or Mr. Lowe or somebody listening

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if you are can you raise your hand

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okay if the lambs are there

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you know they were calling in i know um i can take questions from the board

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and we can try to get the owner to to sign back in for us

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questions from the board no mr chairman no mr chairman hello mr chairman

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has anyone called in

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Mr. and Ms. Lamb, you can unmute yourself and wait for the chair.

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They're available to be sworn in, chair.

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Okay.

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Could you state your name, please, for the court reporter and spell it?

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Any, take any.

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Hi.

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Could you state your name and spell it for the court reporter?

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Lambs, please speak to the Chair's question.

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Hello?

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Yeah, could you state your name and spell it for our court reporter?

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Can I do?

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Yeah, yeah, yeah.

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Hello?

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Hello?

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Yes, could you state your name?

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Yes, can you Lambs?

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There's the address for 1344.

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Do me a favor, state your name and then spell it for the court reporter.

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Yes, Lang Heng Yu, last name L-A-M-K-A-M-Y-U.

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Okay.

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Do you swear for him to tell the truth, the whole truth, and nothing but the truth?

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Yes, all truth.

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Okay.

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Mr. Perry?

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Yeah, I've made a presentation to the board as we reviewed for the single-family home with off-street parking supported by your near neighbors for a single-family home.

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Can you adopt what I presentation as true and correct to the board?

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Yes, 100% correct.

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I went out to sign the signature on the neighbor cross street and diagonally all the people support us for the garage.

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Also, already when I purchased this land, it's already cut cut for this property as well.

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That's why we bought a couple years ago now for my retirement to stay there and my parents to be there.

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we needed a car garage for the uh the the old senior as i'm getting older as well for retirement

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old senior as I'm getting older as well for retirement as neighbor thank you everybody for

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this neighbor

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thank you thank you thank you Mr. Lam all right any other questions from the board

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no Mr. Chairman okay questions from the virtual audience

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Chair we have Pietra Gamble Ms. Gamble you can unmute yourself and wait for the chair

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

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sure petra gamble p-i-e-t-r-a last name g-a-m-b-l-e right do you swear a firm to tell the truth the

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truth and nothing but the truth yes okay proceed um good morning i am a member of point breeze

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community development coalition and i just want to go on record stating that we are um not in

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favor of this property the neighbors were concerned about the people parking on the street and using

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the garage as storage that was their main concern so i just wanted to go on record saying that we

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are not in support of this project thank you thank you for calling in do you have any questions mr

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yeah uh miss gamble the the primary opposition was that they they thought that the garage itself

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would actually be a storage space and not a one-car garage?

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Yes.

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Okay, did they have any reason to believe that

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other than some prior experience with other neighbors?

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That was their main reason, the prior experience with the neighbors,

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and they said that there were other houses on the block

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that do the same thing.

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Okay, thank you very much.

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You're welcome.

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Thank you, thank you for calling.

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You're welcome.

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