civus
Hearing video

ZBA Hearing - September 29, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Sep 29, 20218h 23m

completed CDR

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we had preliminary approvals

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from streets and from water

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let me just bring on Dan McShane

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to accept my testimony

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he should still be on the call

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we can promote him

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You see Dan McShane should be on.

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Stop, we'll just have an officer of the court.

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Dan, he's still with us.

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Raise your hand virtually.

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Dan?

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Mr. DeMarco, you being an officer of the court,

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we'll stipulate that your client would have adopted your testimony.

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That's fine, Mr. Chairman.

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I appreciate that.

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Thank you.

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Any questions from the board?

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no mr chair no mr chair no would anyone else like to testify in this case please raise your hand

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there wasn't a hand up but it's since gone down so there's

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wait a minute uh mr chair we've got a mr daniel mcshane with his hand raised i won't

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the speed at this time no we already adopted he already adopted you can keep going chair

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yeah he's good tell him dan you're fine thank you uh planning commission

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this is uh ron bednar from city planning operative plan recommends no change

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um to the existing residential multifamily zoning at this location with regard to the

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lot coverage the proposed variance is consistent with the adjacent non-conforming buildings

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In regard to the off-street parking, the site location near the public transportation has access to broad street rendering parking provisions unnecessarily difficult.

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City Planning Commission recommends the board grant of variance.

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Thank you.

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MI 2021-002-314-310-30, Girard Avenue.

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my vote is yes with the proviso revised plan six pages approved today

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harold tenere my vote is yes with proviso professor plaza yes with proviso james snell

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yes with proviso thomas halliman yes proviso thank you uh we now go to number 13 on the

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two o'clock list. MI 2021-0023163934 West Girard Avenue. Mr. Notkinson, I believe, is the attorney

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of record. There is a letter of support from the Centennial Parkside RCO.

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Mr. Nockamson has been promoted to panelists. Thank you, Mr. Nockamson. Just identify yourself,

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you're still under oath. Yes, good afternoon, Mr. Chair, members of the board, Alan Nockamson,

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A-L-A-N, last name Nockamson, N-O-C-H-U-M-S-O-N, 123 South Broad Street,

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Suite 1600 Philadelphia PA 19109. Ms. Tenere has some questions for you. Sure.

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Do you agree to waive the reading of the refusal and stipulate to its accuracy? I do. Have you

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emailed the exhibit packet with proof of ownership tax compliance, refusal referral,

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photos under plans of the property five days in advance of today's hearing and have you met with

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the RCO and do you have a letter? Yes, we do. Okay, you may proceed.

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I'm going to share my screen.

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Okay.

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And as the chair says, Centennial Parkside has a letter of support.

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That's right. And I'm going to keep it brief. I know it's a late hour. And I would ask for a proviso maximum two units. Originally, we asked for three units at the request of the community. We agreed to two units.

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That's right.

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And I'm going to keep it brief.

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I know it's a late hour.

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It is.

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And I would add.

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we have a deed to the property

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showing that Millennium Development

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the owner with me is Brian Wise

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who's going to adopt my testimony

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we have a certificate of tax clearance

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showing that we're in good standing with the city of Philadelphia

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notice of refusal

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again this is an RSA

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excuse me a CMX2

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property and

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we're looking to eliminate

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essentially eliminate the commercial component

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you'll see from pictures from the

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in my presentation materials

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it's out of character to have commercial in this part of uh philadelphia we're across the street

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from fairmont park uh and uh we have a permit that shows that this property has been previously

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used as multi-family here are three units uh and uh we have the letter of support so let's go uh

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first uh to the notice of refusal um we actually have uh three refusals uh again we're trying to

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eliminate the commercial component. So that's a refusal. This is a CMX2 property. We did have

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issues with the open area where we're proposing 15% and 25% is required and rear yard depth.

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We're proposing eight feet of rear yard depth where nine is required. The issue is that we want

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to put a front porch on our property to mimic what's in the rest of the neighborhood, even

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though we're not required to because we have, you know, we wouldn't have to have a front porch

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because we're in the middle of open lots.

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But we want to mimic that.

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By doing that, the occupied area for the front porch

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is causing issues with the open area.

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Secondarily, the rear yard theft,

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because we're moving the property back

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to accommodate that front porch,

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that's why we have an issue with the rear yard theft.

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So we're just trying to conform to the neighborhood as a whole,

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and that's why we're having these refusals.

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Architectural plans and drawings, let me just, again at the request of the neighborhood,

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we are decreasing the proposed unit count from three residential units to two, but I

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just want to show you the rendering, get to it, my computer is slow today.

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I apologize for the tardiness, but as you can see here, we are trying to mimic what's

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in the rest of the neighborhood with this front porch, and if my computer was going to

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cooperate, I would show you pictures showing other properties on the next block over which

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have front porches so we're just mimicking those and uh again most importantly um our letter of

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support uh and i can give you know if you know if the board wants me to go through the floor

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plans i can go through the floor plans i'm just trying to be brief because we appreciate that

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yeah but again most importantly they are in support of a two-family dwelling so we would

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ask for a proviso maximum two units with that being said um mr wise can you virtually raise

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Raise your hand.

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The wise has been allowed to speak.

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Hello.

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Hi, please spell your full name, sir, and I'll swear you in.

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Yes, Brian, B-R-I-A-N, Wise, W-I-S-E.

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Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?

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Yes, I do.

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Thank you.

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Mr. Mackinson?

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Mr. Wise, you heard everything I stated today.

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Yes, I did.

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And is it true and correct?

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Yes, it is.

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And do you adopt it as your own testimony?

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Yes, I do.

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All right, thank you.

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Thank you.

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Any questions from the board?

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No, Mr. Chair.

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anyone else would like to testify in this case if so please raise your hand

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miss barbara carroll has her hand raised i have allowed her to speak sir

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you good afternoon chairman good afternoon ma'am please i'm sorry ma'am please spell your full

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it is b-a-r-b-a-r-a last name carol c-a-r-r-o-l-l you swear or affirm to tell the truth the whole

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Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?

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truth nothing but the truth yes

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Yes, I do.

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Thank you.

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I know you've been waiting long, so please proceed.

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Okay, so we have an interest at 3940 West Girard, which is just one property over.

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3936 belongs to the church, as well as 3938 through 40.

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3932 we're in um belongs to someone else this particular property being built in the middle

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of two vacant structures and we're not sure because we have not seen the plan

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how much of it going back is going to be extended onto the property of 3936 which we owned

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so and we have not had any more communication since the first meeting that we had

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stating that we were in opposition to this there has been no notices sent out to the community

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there was one zoning notice posted on the board in front of the property and unless you were

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looking for it you would not see it the the current block captain of the 3900 block of

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west gerard was not in receipt of any notice and her address is only 3926 which is right across

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the street that's one issue the second issue if you go east of the 3934 those have porch houses

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if you go to the west all of those do not have porch fronts so that becomes an issue

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but the total the biggest issue is how much of his property when he extends it back is going to cut

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into ours on 39 36 and mind you that that is a church a very lively church thank you

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So, Mr. Notkinson, could you briefly address the issue of the depth of your property versus the property next door?

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So, Mr. Chair and Mrs. Carroll, we cannot build on someone else's land.

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So we're not going to our building structures cannot extend to someone else's land.

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And Mrs. Carroll, we did have a certified RCO meeting.

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um if and i believe i said stated at the meeting to anyone who attended um i'm more than happy to

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talk about construction related issues you can email me at the spelling my name alan a-l-a-n

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dot knockamson n-o-c-h-u-m-s-o-n at knockamson.com so first name dot last name at last name.com and

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I'll put you in touch with the owner of the property because we want to and we're required

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to work with any adjacent neighbors and property owners as part of the building permit process.

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I think the question probably was how far beyond 39, 36 would your project extend, but

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I could be wrong.

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Anyway, thank you for reaching out and letting the lady know you'll reach out to her.

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Anyone else to testify?

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Ms. Lorraine Logan, with her hand raised, I have allowed her to speak, sir.

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Thank you.

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Good afternoon.

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Hi, please spell your full name, ma'am.

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L-O-R-R-A-I-N-E, Logan is the last name, L-O-G-A-N as in Nancy.

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You swear or affirm to tell the truth, the whole truth, nothing but the truth?

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I affirm.

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Please proceed.

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Yes. My name is Lorraine Logan. I am the pastor of the Revival Center Church located at 3938-40

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West Gerrard Avenue. We also own the property at 3936 West Gerrard Avenue. And I want to go

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back to the first mention of the RCO certified meeting that was planned. We are still

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having issues with not getting notification of the initial meeting. The neighborhood was not

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informed properly. I actually got a call at my home to say that there's some people in the yard

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and I think you need to get here. And that's how myself as well as some other neighbors that were

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just grabbed at the last minute to find out what was going on with that particular property.

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and we we still have not gotten answers to why the neighborhood wasn't uh notified as well as

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I got a text today from the block captain after I asked her was she going to get on the zoom today

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After I asked her was she going to get on the Zoom today, she said no one knows of the Zoom

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she said no one knows

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that

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meeting on today. So I was able to forward her the information and she was able to get as many

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people at the last minute to get on this Zoom today. So we have concerns about things not

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properly being done. I believe that the information is supposed to go out to the residents in a

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certain circumference of area and they have not in my opinion have done things truthfully uh i know

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he said a certified rco meeting i was at that meeting um the second issue was that um i i

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believe that they have done their due diligence to notice that there are there are four lots

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can i interrupt you for i need to interrupt you you just said you what you did attend the meeting

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I was at the meeting because at while the meeting was going on, someone from my church congregation saw that a meeting was going on in the lot and they had concerns as to what was going on there.

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So I left my home to come see. And that's when I actually found out about the meeting when it was actually going on.

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but there were other neighbors from the community that that did not know about the meeting until the

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actual meeting like they didn't receive the notification the letter so this is the second

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time this has happened concerning this property um there are four lots that we are sharing where

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one address is 3936, 3934, 3932, and 1144 Union Street. So the lots are different in size. 1172

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is my lot. 1172 square feet is 3944. 1360 is square feet, and then 711 is square feet of the

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the side parcel so we do have concerns about making sure that if something is built there

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that they have done their homework to find out what is really their dimensions of the four

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properties that are owned by that um with that lot that's there that corner we're only talking

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about one property 39 34 right okay so there are four properties on four four uh ownerships of that

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land so we're saying that we're only we're only your questions and concerns have should be related

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to 39 34 west okay all right so we want to make sure that they whatever's built there if something

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is built that they do stay within their property guidelines is that is that's the best way to say

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it. The other thing is there are no porches on our particular block. All the buildings are

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commercial, but the exception of two, and those are enclosed porches. They may be on the other

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side of the street. That's a separation where Union Street is. So they're not conforming with

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what's on the block. I know at the meeting that we had two months ago, it was a discussion that

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the community would have wanted to still have commercial residency or commercial building

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there versus housing because we are overwhelmed with housing in the unit which leads to parking

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issues um vandalism which we've had our church let me interrupt again the meeting just you just

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referenced the meeting of a couple of months ago was that a meeting as it related in regards to

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