civus
Hearing video

ZBA Hearing - May 5, 2021

Philadelphia Zoning Board of Adjustment (ZBA)May 5, 20214h 16m

those issues beyond which would normally be expected or associated with a nightclub or

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private club. I think we've all seen those, and we know what those are like, and this is not that.

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I will, I'd ask you to take a look at the letter of support from the community, which is a tab two.

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Oops, I'm sorry. Tab two is actually the- Well, let me interrupt you. The RCO,

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14th Ward Democratic Executive Committee, Westgerard Progress, is the RCO?

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You're breaking up. Now you're frozen.

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Can everyone hear me?

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can everyone hear me yes okay he has a letter of support as we know with provisos

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and none of them are enforceable by us other than um how we vote this

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so you'll see a tab three the meeting we do see your your letter of support

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with provisos none of which are enforceable by ellen i miss um soletta

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Yes, Mr. Orfanides, can you confirm, I believe the RCOs said that these provisos that they were requesting are going to be incorporated into a community benefits agreement, is that correct?

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That's correct. So you'll see, this is the letter that I believe that Diane Monroe sent to the full board.

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She subsequently sent a letter to me and to Mary Jones, which is the same, except this right here, it says below provisos are hereby agreed upon.

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And then where she says, recognizes to grant it, special exception, to discuss and finalize a community benefit agreement once she comes home.

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Regina Farrell, who we were dealing with on this project, went into the hospital over the weekend.

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We were engaged in discussions to finalize a CBA at the end of the week.

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Last week, I called her on Saturday after my son's softball game.

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She was literally getting CAT scans.

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I mean, she was amazing enough to answer the phone.

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But that's when Diane had to pick it up.

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We had conversations.

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I have forwarded an email to Mary Jones and that was a conversation between my client and I

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where he confirmed and agreed that we would do a CBA for these conditions these provisos

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and I forwarded that to Mary so that she had evidence of that Mary and I did speak yesterday

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about this matter and she I told her verbally she has it in writing in an email from both my client

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and me that we will do the CBA with these provisos that are included in the letter because we do

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recognize that they're not enforceable they're not appropriate for the zoning board and they're

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not enforceable okay can you ask your client to adopt your testimony i can can i just say one

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last thing and then i'll stop i promise one last thing letters of support we have at tab two um

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there are i think 20 some letters from immediate property owners 23 letters from property owners

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residents on the on the block um between poplar and gerard by the way we are just a couple

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properties south of gerard avenue all the business all businesses to the north of us

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um right to the south of us of where residences start although there's a cmx1 and then there's

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63 letters included in there um at 2b that are from other people users of the event space

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who don't necessarily live in the immediate area

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but have felt

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and benefited, have felt the benefits

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of this operation and benefited

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from it. If you could

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identify or have

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Mr. Albuher

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brought online

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so he can adopt my statements.

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What's that?

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Just, yeah, raise your hand.

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You have it as

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Mr. Albuher.

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has been allowed to speak can you all hear mr abuher

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mr abuher name and address please and spell your last name

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is your video on

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sorry to tell the whole truth and nothing but the truth

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Yes, I do.

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Okay, Mr. Fernandez, you're up.

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Thank you.

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Mr. Albuquer, first of all, you are one of the owners of Philly Construction Company,

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LLC, the owner of Subject Property?

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Yes, I do.

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And you're one of the owners of the tenant and operator of Open Space Studio, LLC?

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Yes.

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Okay.

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And did you hear the statements that I made to the board this morning regarding our case,

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regarding your operations, regarding the evidence that I've submitted?

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Yes, I did.

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And are they true and correct, to the best of your knowledge?

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True and correct.

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And would you adopt all of those statements as your own?

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I adopt it as my own.

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Okay, thank you very much.

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And understanding we have time limitations here, I am open to answering any other questions,

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and I move for the introduction of our exhibits and our testimony into the record in this matter.

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Thank you.

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Is there anyone here who would like to testify?

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But if so, please raise your hand.

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Madam Chair, I have a Ms. Regina Farrell

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with her hand raised.

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I will allow her to speak at this time.

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Thank you.

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Look at her, her trooper.

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Wow.

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Good morning.

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Good morning. Can you put your name and address on the record, please?

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Good morning.

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Can you put your name and address on the record please?

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Yes.

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Yes. Regina Farrell, R-E-G-I-N-A, F as in Frank, A-R-R-E-L-L, 1238 Wallace Street, W-A-L-L-A-C-E, Philadelphia, Pennsylvania, 19123.

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

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Yes.

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Okay. David?

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this is your witness she's not my witness I think she was raising her hand to participate

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which I'm okay I'm amazed by it's tremendous I hope you're well Regina okay you you may proceed

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thank you I am actually the co-chair of the 14th board I am the person that he was referring to

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I'm actually calling from Pennsylvania hospital oh my gosh yes we are in full support of the project

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and um the provisos were um we did talk about doing a um cba in conjunction with the provisos

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unfortunately as he explained i had gotten ill and wound up in the hospital in the midst of doing

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this and our chair diane merrill wound up finishing it for me um and in addition to the

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provisos and the CBA. We just wanted to stress that. We wanted to stick to the original hours

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that was originally set forth by the original

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plan that was set in force when they originally came up with it. But other than that,

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we are in for support of it. Okay, thank you. And I hope you're feeling better.

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you are a trooper yes thank you thank you are there any other witnesses

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it will thank you or people who would like to testify

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madam chair i have a miss michelle chan with her hand raised i will allow her to speak right now

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thank you

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hi um my name is michelle chan um i actually am a neighbor oh can you put your can you put your

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you just put your name on the record but can you spell it and give us your address please and then

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i'll swear you in okay um you said my name first sorry yes my name is michelle chan

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and you said to put my address in yes and to spell your last name and spell my last name sorry um

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c-h-a-n okay and your address it's 1010 north marshall street philadelphia pa 19123 okay do

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you swear or affirm to tell the whole truth and nothing about the truth yes thank you you may

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proceed hi um so i'm not this is my first zoning board meeting and um what i was concerned with

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because i am a resident of this community um i did attend the first meeting publicly um sorry

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i have a class going on right now um so um the noise was my issue um because i'm we shared that

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alleyway and half the time the last three years I didn't know what his property was about and you

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know it was just concerning that um the music at night when I was trying to sleep and like you know

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I have a full-time job and stuff like that so it just makes it hard um so I wasn't sure of how to

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go about this but I I don't know if you got my document I submitted in the by email this letter

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i think i i wrote it to the roc zba and i wasn't sure if that was the appropriate spot

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did you copy me on it um the email address would have been s-u-l-e-t-a-z-b-a at gmail

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um z-o-z-r-c-o-z-b-a

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at phila.gov okay no then i would not have a copy manager so i sent it to the wrong person

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no no it's that i you um should copy me as well but okay um can i get i guess i'll get that contact

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later um let's see sorry when was that maybe you could just let the board know what is in the email

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or letter okay and first of all when it was submitted maybe too hold on

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Give me one second.

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give me one second

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Sorry, can you come back to me while I find this or is that not possible?

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all right um so

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um so i also wrote up something about our neighborhood it was a petition

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um because i didn't know like how to send this or whatnot um we actually you know uh it says

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the neighborhood of the 10 000 block of north milshire street has ever been changing what was

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once a block full of commercial buildings and stores have now changed the mostly residential

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neighborhood it comes to our concern that open space has become a detriment to our neighborhood

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we are frustrated and fed up because we don't know what else we can do to preserve the neighborhood

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as residents we the neighbors constantly have to suffer with loud music loitering trash parking

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issues that open spaces cause we know that there's other you know we can't just pinpoint

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on open space but there are other commercials as well however you know it's our great concern

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that granting this will cause over counting of purposes leading to loitering trash issues as

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well as congestion on the street with parking already limited also improving this permit will

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not just continue to disrupt the peace but exaggerate the current issues already listed

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that making it incompatible with the hazard of health safety and welfare of this neighborhood

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so that's a summary of what we did say um this to somebody then sorry

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so you're opposed to this yes and i wasn't sure like who i was supposed to talk to or not

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and you know i did talk to a few of my neighbors and there's at least 20 of us

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that also agree and i did submit you can only speak for yourself oh okay yes okay is there

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anyone else out there in virtual land uh who would like to testify

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and i just hope eventually a chance to respond real briefly to some of these

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I swear it will be less than a minute or two.

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And also, Ms. Tenere, I believe there are a number of people on the line who are in support of the project,

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and I don't think we need to have them all go and speak.

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But if at some point you could ask the question to ask them to raise their hands and be identified,

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and then we can count those hands and note for the record how many people are actually here on the call today

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have taken the time out of their day to support this application and the granting of this special

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exception i would greatly appreciate it okay is there anyone else here

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who would like to testify in opposition

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ma'am i have a jeffrey c30 with his hand raised

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hi good morning um good morning can you put your name and address on the record please

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and spell your last name yeah my last name is uh c-h-e-n

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weren't you just on i'm sorry weren't you just on michelle no i was not okay

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address uh 942 north marshall street okay um do you swear or affirm to tell the whole truth

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and nothing but the truth yes i do okay you may proceed yeah so i i've also been uh a resident

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here for uh the past four years um and uh i i guess i just wanted to kind of comment on a couple

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uh things i know i realized that there was a lot of support uh for open space um and i just want

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to mention that um a lot of the surrounding built many of the surrounding buildings that uh mr

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Albuquerque, he actually

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he he actually owns he's owns a lot of the surrounding building so I I believe a lot of

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owns a lot

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of the surrounding buildings.

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those um supports should be kind of discounted and I don't think that's I don't think that's

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very fair um to have that many support with you know again I'm going to eject I'm going to check

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can you speak to why you're opposed to this yeah sure um yeah I have the I have a lot of the same

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issues that uh michelle brought up um you know there there's there there's there's constantly

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there's constantly loud parties there um during weekdays i mean you know us resident us residents

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there you know we we we have to go to work the next day and and sometimes you know we we can

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hear the music from you know down the block it's it's it's it's it gets pretty crazy and then

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Also, after the events, the loitering is a huge issue because a lot of event goers, you know, they, you know, they, they, they just fill up our street.

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And then after the events, you know, a lot of times I'm waking, waking up by, you know, loud cars.

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They, they, they blast their music and then they have, they almost have their own little parties outside on the, on the sidewalks.

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Okay. Can I interrupt you? Can you give me your address again?

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It's 942 North Marshall Street.

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Okay, go ahead.

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You may continue.

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Thank you.

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Sure.

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Yeah, so, I mean, it's, I think there needs to be some kind of restrictions put into place.

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You know, I'm all for the events that they have, you know, I know they have some art exhibits sometimes and some cultural events.

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like but when it just becomes like an hour outright nightclub and party it you know given

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the fact that it's a residential area you know it there's a large disruption that that they cause

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um and it's it's very concerning to me as a neighbor okay thank you

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sure and can i i mean can i ask another question i guess

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okay yeah so i mean i i guess i just had a question like what what like because i know

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in the presentation i i know you mentioned uh special events uh what like what is defined as

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a special event is like uh someone's birthday a special event or it's got to be a holiday or or

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what like that would that would seem to be a special event a birthday a holiday an anniversary

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so a special event is essentially anything is what is what uh any anything that that would

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hold an event would be a special event is that is that is that my understanding i'm not answering

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that okay i mean um i mean that's kind of the question i had there there were 18 events

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or 43 events in 2018 64 in 2019 yes yeah and that's it's not a lot of events well and also

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miss tenary let me give you the breakdown real quickly 2018 of the 43 12 baby bridal showers

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i know they get pretty rowdy um you know uh four kindergarten and kids graduations those kids

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