civus
Hearing video

ZBA Hearing - August 28, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Aug 28, 20245h 58m

Anyhow, our plans here, there was no change in height, width, or length of the property.

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No internal changes.

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If you would like to see, they are one bedroom and a two bedroom for the first floor.

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And then the second and third floor are a separate unit.

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as is required. After significant issues in attempting from March to attempt to schedule

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a meeting, we finally got a meeting approved by the RCO. It was scheduled, I believe it was last

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week we met with one person only the only person who showed up was the uh organizer and president

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of the group it took about an hour and a half and i'm going to show you some photographs of the

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property as you can see presently it is there are two meters there and i'll show you some older

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photographs um and these are of the neighborhood there as you can see the the rest of the block

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three family i mean they're all three-story units throughout the property i'm showing you some that

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are and i'll get to them uh other uh multi-family dwellings in the area again it's here i didn't

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realize I actually, instead of showing you the link, I actually showed you that their

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exhibit 8A is the no zoning archive for it. So again, attached is that this property has been

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in the two family units since 1982 at a minimum. Showed you previous leases. Right now, one is

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vacant and the only reason it's vacant is because she's rehabbing it the person moved out this was

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a covid during covid that this occurred um and um we'll go to eight d showed you mls even listed it

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as a multi-family dwelling as a duplex i don't know if you can see

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as a multifamily dwelling, as a duplex. I don't know if you can see it right here. Indicates duplex.

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MLS has it. The OPA, when they wanted to raise the taxes, also indicates it. The city's website

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indicates that it's a multifamily dwelling. This was also forwarded to L&I. Didn't take it. So,

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But here's what I was getting at. So now. This is a previous.

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Rental license. That indicates two units, and that's as far back as 1998.

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Show you. Again, this is at one point, she had three meters in there.

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She is knocked it down to two meters, one for each unit.

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She took out the public lighting recently just and incorporated it within each of the units.

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And here are photographs that showed from this one is in 2019.

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And as you can see that there are three.

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Counsel, I think you've really made your point here.

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Okay. So bottom line is then we put posters up as is required. We met with the community group. Trash remains indoors or in the rear of the property. Nothing up front. We don't have any issues with that. No problem with no basement living.

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we we presented photographs to uh as requested to the board uh she has no intent on any room uh

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any rooming house and uh the external of course she's going to continue to maintain the property

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we just ask that you approve this um based on on this no one was obviously interested

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no one showed up at the meeting um and as you saw in the previous one if people don't

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if people have a problem with it they show up so i just asked that council one council when you said

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you met with the strawberry mansion uh person did he give you provisos no there were no provisos at

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that time but we have no problem with uh trash remaining indoors we have no problem with no

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basement living uh with no drug or the provisos that are there we have absolutely no no problem

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with any of them because I mean all of these seem to be uh things that that one she agreed with and

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uh agrees with uh as a manager and owner of the property and someone who wants to keep the

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community as is um she her her niece is a um realtor in the area she's been maintaining the

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property she has friends in the neighborhood that are taking care of the um the the maintenance of

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the property. And, um, I believe that the program that she needed to be approved for

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is called TURN, um, which is a, um, I think a FHA, um, subsidiary or.

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I don't, I don't, I just think you, you, you want zoning. So we want zoning.

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Right. Okay. Could you bring your client on please?

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Absolutely. Her name's Angela Battle.

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Angela Battle, please raise your virtual hand.

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Angela Battle, please unmute yourself and wait for the chair.

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Could you please state your name and spell for the court stenographer?

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Good afternoon.

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Angela, hi.

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Please proceed, state your name and spell it for the court stenographer.

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Good afternoon.

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My name is Angela Battle.

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First name, Angela, A-N-G-E-L-A.

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Last name, Battle, B-A-T-T-L-E.

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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.

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Please proceed, counsel.

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Okay.

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Ms. Battle, did you have an opportunity to hear my testimony?

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Yes, sir.

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Do you agree with its accuracy?

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Yes, sir.

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And do you adopt it as your own?

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Yes, sir.

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All right.

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Questions from the board.

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questions or comments from our attorney hillary emerson

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um not at this time mr chair questions or comments from the virtual audience

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there we have strawberry mansion community organization strawberry mansion please unmute

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yourself and wait for the chair mr chair i'm sorry i um i did want to note regarding the um

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The provisos that were listed in the letter, I noted that two were enforceable, the interior trash storage and no household living in the basement.

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I just want to note that.

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I just want to note that.

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Hello?

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Hello?

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Yes, please state your name and spell for the court stenographer.

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My name is Bonita Cummings, survey mentioned community concern.

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My name is spelled B as in boy, O-N-I-T-A-C-U-M-M-I-N-G-S.

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Ms. Cummings, do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?

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I do.

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Please proceed.

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um basically just to indicate that we did discuss trash so i'm not sure if the attorney

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didn't remember that we didn't discuss basement living so i'm not really sure but again um we

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just we expressed what concerns we did have we assessed the block there was no there was indication

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from some members that they had not received notice and the picture that shows the uh meeting

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for today on the door that's not where it was previously it was in the window which we set

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pictures to um the zoning board via email um but if you know if the board is voting um you know we

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just noted that these things did happen um again there's indication that there may have been this

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use uh many years ago um so we just want to just make sure the trash you know remains indoors and

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that there is no basement living inside yeah mr cummings as usual thank you for calling in we

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appreciate it. Anyone else in the virtual audience?

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I'll seat all the hands

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at this time, Chair. Planning Commission.

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Amy,

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board with the Planning Commission. The comprehensive

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plan recommends no change to the existing

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single-family residential RSA-5

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zoning at this location.

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The appellant has shown that there are unique physical

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conditions or circumstances

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that would prevent the property from being used in

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performance with the zoning code.

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Planning Commission recommends that the board grant

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through perseverance for two-family household living. Thank you. MI 2024-002-007, 1725 North

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27th Street. I vote yes with provisos. No household living in basement, trash stored indoors.

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John, my vote is yes with provisos. Cheryl Gaston, my vote is yes with provisos.

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Hi, Owen. My vote is yes with provisos.

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Tanetta Graham. My vote is yes with provisos.

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James Snell. My vote is yes with provisos.

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Ishmael Shahid. My vote is yes with provisos.

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Thank you. Thank you, counsel.

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Thank you, everyone.

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All right. Number eight, MI 2024-002-277-1309 Palthorpe Street.

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um this is a pro se um

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we do not have an RCO letter at this point

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but there was a meeting held with South Kent community on July 24th and they requested another

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meeting 823.

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Hi.

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Hi.

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Are you the owner?

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I am the owner. I'm John Williams.

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John, could you state your name, please, and spell for the court stenographer?

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It's John, J-O-H-N, Williams, W-I-L-L-I-A-N-S.

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Where are firms tell the truth, the whole truth, nothing but the truth?

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I do.

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our vice chair has a few questions for you sir sure good afternoon sir have you emailed in all

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the required documents and exhibits that's needed to proceed with this case five days in advance of

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this hearing i have thank you please proceed and share your screen to share my screen

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I'm sorry here. Forgive me. The sharing screen is a drop-down menu.

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It's the green button on the bottom of your screen.

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the screen button on the bottom of my screen share i got it yeah thank you just click on

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your documents and make sure they're open okay can you see my screen no no i think you gotta

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click the documents then hit share okay how about now we good we see we see okay great

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Thank you for your patience.

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I have, this is my original submission to LNI.

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I'm looking for an accessory parking space next to my residence.

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I received a refusal because there wasn't enough space in a side yard.

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I received a refusal because there wasn't enough space.

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It's a RSA 5 zoning, and I'm required to have a five foot setback and then eight feet, six inches for a space.

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Currently, the space that I have there is 13 feet, three inches and five, three and five eighths inches.

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So I am two and three eighths inches shy of that.

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And that's my hardship.

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I have received my refusal and made an application for my appeal, the project information form.

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I have lived in this home since 2009.

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It was originally three separate lots with a fourth side yard.

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I underwent an initial consolidation of the three built-out lots, and in a recent renovation,

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consolidated that side yard to the property. So here is my deed of consolidation.

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It shows 1309, which is really three lots, and then 1315 coming together as one.

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My ask for this variance is that, well, I'm reducing the density in the neighborhood by consolidating these lots.

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So that side lot is no longer buildable.

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I'm removing a car off of the street, so reducing the pressure of parking.

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And my Pailthorpe is a relatively narrow street that I'll be able to show some photos of.

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where you can see in this photo, there was parking on both sides of the street.

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It has been relegated, and there's parking only on the west side of the street, which is opposite my property.

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So I wouldn't be taking a spot away with a curb cut.

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A study of the street's approval, my RCO letter, and then a meeting summary.

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And this came in maybe today to you all, but there was a vote, six votes, yes, and Marco's letter here, the South Kensington Community Partners letter.

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So the idea here is that we're looking for some relief for parking.

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It's a nominal amount of space, and I hope that by reducing the density in the neighborhood, you know, it might be considered.

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uh we do not have a copy of your uh of the letter right am i right hillary we don't have that

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letter this letter here yeah hillary am i right um hold on let me just double check this on that

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this should have come in about midday today i made an inquiry checking to make sure things were here

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um let me see sorry give me just one minute sure um no we don't we don't have record

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receiving it especially if it came midday today it might not have been

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processed and seen by us understood well it looks like this they're in favor

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sir are they in favor of your project they are in favor it's a it's one of support um the the

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meeting that had six votes six yeses zero no's okay um yeah okay all right all right questions

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from the board did uh streets the streets look at this or does street have to look at this

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Streets did look at this and gave approval here.

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Okay.

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Do you have residential parking permits in this area?

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We do.

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You do?

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There are not residential parking permits for this block of Palethorpe Street, but surrounding it is permitted parking.

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And I see that the block is super narrow. So I know there's been a, and you may or may not know this, but a move to try to ticket cars that are parking on the sidewalk. So this seems like a sidewalk parking in there. So what do you feel about the impact? You know, how would you, how would this project impact that, in your opinion?

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I'm not planning on parking on the sidewalk. The PPA has ticketed and behavior has changed.

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People aren't parking on the sidewalks any longer. It is a narrow street, but there is enough room

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for most vehicles to pass with some care down the street. People are parking on the west side of the street.

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down the street people are parking on the west side of the street um so my my house is on the

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east side a curb cut would not remove an existing parking spot from palethorpe street there are a

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number of curb cuts that exist on the street already that was my last question thank you

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quick quick thing can you go back to the um the uh plan that shows the uh

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driving yes and now is that the width of the street these the two lines that you have

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i believe that is the width of the street yes then how does one how does one park on the other

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side of the street if you literally have to be in the parking the parking lane to get into your

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space and to so if someone if people just parked straight across from you you'd never be able to

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get out of your space it looks like i think you would be able to get out of the space um it's not

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it's not for a large vehicle by all means i mean it's not you know city living um but i do think

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that you can get out of the space there are existing curb cuts on the east side of the street

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so this isn't the only example where somebody would face that scenario i just it's if if you

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just back to with with board member graham talked about people are parking just from the images you

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got people parking on the street you literally have to be what would be close to parking you

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know the parking area on the street to get into your parking spot it is tight so i'm just saying

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if people park on the street along here and that's the width of a car can't form you can't get in

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get in and out of your parking spots that's all i'm saying and i see streets approved it but

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as street aware of the conditions that occur on the street can you see these photos here

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we can you can so i wanted to present a more recent if i can do this

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