civus
Hearing video

ZBA Hearing - July 22, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Jul 22, 20204h 57m

correct. And the 40 are dedicated to Aldi alone? During the hours of 9 a.m. to 9 p.m.

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Aldi has the exclusive use of those 40 spaces. Okay, so CVS has no off-street parking that's

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dedicated for their use? That is correct. Okay. And again, that's the Aldi spaces are from 9 in

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the morning till nine at night, correct? That is correct. Okay. You made a statement in your

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capacity as a qualified expert by your attorney, Mr. Whalen, and I believe it stated that 80 to

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85% of your tenants, residents, occupants don't use vehicles. Can you just fill the board in on

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how you came up with that figure, how you came up with that calculation, what surveys you did,

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performed, questionnaires, how you came to that? Sure. My office, OCF Realty, manages 1,100 units

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within four blocks of this property. Many of those buildings have 30 to 60 units with six

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to 10 parking spaces in each. A perfect example being the Royal Theater on South Street that we

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just delivered. In all examples of properties that we manage, we offer parking during the leasing

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activities directly to our prospective tenants before offering them to the community. And in

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all circumstances, the tenants in the building have declined parking. In past efforts before

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zoning board and with other neighborhood associations, we did active surveys. For example,

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at 1430 South Street, we surveyed all of our tenants in that property to verify not only how

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many tenants were not using our parking, but how many tenants even had cars. And in each of those

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examples, the hysteria was unfounded and that a disproportionate number of our tenants did not

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have a vehicle, did not own a vehicle, did not have an interest in parking at our property or

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at any other property. And I'm sorry, that study was out, how many properties that said that they

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did not have a car? Four properties. Okay. Four properties. And when you said, I think it was

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inordinate number. Do you know the actual number? 15% of our tenants had parking.

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In those, had cars you mean? Had cars. At those four locations? Yes, sir. Okay. All right. So

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four of your locations. So, and how many tenants were, how many tenants did that make up? 140.

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140 of the 1100 correct that's correct okay um

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i have no further questions than mr mr feybush uh i just have a couple of questions mr feybush

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uh first of all um are you aware that there's uh street parking along 22nd right out front

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of cvs yes uh and how many spaces are there approximately i believe there's four okay and

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in your opinion again as an expert when you're developing properties would you consider a

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property 700 feet away as being impacted by what's taking place at the property that you're

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developing or leasing no i have no further questions i'm i'm i'm finished concluded

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with my soliciting

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witness. Okay. And I have no evidence to submit.

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Thank you. Oh, that, Chairman, I believe I just did forget to do that. If you could just

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acknowledge that I will request moving all of my exhibits into evidence and everything presented

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okay Tanya so chair we have a couple people with a hand up um we have a Vashti

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Bandy who I'm going to allow to speak at this time Vashti you can unmute

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yourself and state your name and address for the record

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sorry i was in the kitchen

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let me turn this off oh no

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all right is that better yes please identify yourself with the

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yes please identify yourself with the record and spell your name for the stenographer sure

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record and spell your name for

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my name is Vashti Bandy V-A-S-H-T-I my last name is Bandy B-A-N-D-Y and I am my address is 2133

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Catherine Street uh 19146 so I'm in the area of impact you swear and affirm to tell the truth

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the whole truth nothing but the truth absolutely yes thank you you have two minutes thank you okay

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wonderful all right so i've heard a lot of back and forth discussion about the parking and it is

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a concern of mine um while i think the uh the the plan project looks beautiful i am concerned because

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um i think that like right now um we were we were gosh hold on sorry i had to run upstairs from the

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kitchen so basically i'm kind of i'm some i i am concerned because to um avoid meeting the

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required commercial spaces it seems as though the developer wants to reduce the residential

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parking spaces by 44 to accommodate the commercial spaces but those commercial spaces are open from

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9 a.m to 9 p.m specifically talking about the aldi and i am i mean i would think that residents

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would want to park their cars when they get home from work significant you know significantly

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earlier than 9 p.m. in normal times when we are not in the pandemic times um also there we that

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that i mean grocery stores aren't just open on weekdays they're also open on weekends and that

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is going to impact the neighborhood parking as well um i think that i i with with incredible

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amounts of respects for the other properties that were discussed i do think there may i'm not sure

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I feel like the character of our neighborhood is like of the Washington Avenue specifically

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is a bit different in regard in regards to how far away things are from each other than 22nd

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and South. So for example, a build a property that is 700 feet away from another property on 22nd

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and South, there are many other intervening properties, but Washington Avenue is large

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buildings. So something that's across the street, the street is larger, the area is larger. And I

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think that so I think that when we're thinking about impact there's both absolute that the

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absolute value of the number of feet but we're also actually considering the relative value

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depending on the um character and how the block is laid out um and my main my other concern is

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um with loading and unloading so we have one the the proposed prop the proposed um property has one

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loading dock um with multiple businesses and so my question would be um what happens when two trucks

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come in at the same time as often does um where i assume as often does when i'm like bicycling

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myself down the street we're going to have basic trucks stopping i i mean it's truck trucks stopping

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the middle of the street stopping in the bike lane doing their thing so um somebody else there

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okay so that is those are my those are my primary concerns about what what has been proposed

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um i am that yeah so i have am i within my two minutes here um you've actually exceeded i'm so

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sorry we're giving you a lot of time because i'm done i've wrapped up that was those are my two

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concerns yes did you need me for questions or anything did you need me for anything else

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i need questions for this uh witness here apparently none thank you thank you thank you

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I'm going to go now. Goodbye. Thank you.

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Ms. Shacumba, if you still wish to testify, you can unmute yourself and go forward.

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Okay, I'm unmuted. Can you hear me?

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Yes.

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Yes, we can. Please identify yourself with a record.

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My name is Madeline Shacumba, M-A-L-I-N-E.

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S-H-I-K-M-E-S

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

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Yes.

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And please provide us with your address.

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2-3-0-Madison Square.

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I'm about two and a half on the project.

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could you speak up a little bit you're having a hard time hearing you I said

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all about two two and a half blocks from the project thank you

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I'm here to speak on behalf of the president and myself because

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We are being seriously impacted by this.

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you're being seriously impacted by this

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Right now, I hear the developer express a single hardship as to why he should not be

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able to meet some of the refusal I have been giving to him. One, I submitted, dated December

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the 30th 2019 2019 it was a nor notice of refusal and let's be few though that

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things that were mentioned. One, for multifamily, for commercial use, and required three

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and he don't propose one, and required...

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Having trouble making her help. Yeah, there's a lot of technical difficulties with her.

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You're fading in and out. There's an echo.

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I'm trying to see it now.

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Would you be willing to get a letter or email with her testimony?

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Because it's a lot of fading out.

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Sonographer, we can't understand.

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I'm sure the sonographer can't hear what you're saying either.

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How's that even?

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Nope.

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So why don't you email your testimony to us, Chacumba?

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Ms. Chacumba?

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I think we lost her.

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I can always email her and let her know, Chair.

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Yeah, do that. Please let her know. We've lost her completely now.

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Oh, she's there.

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I know I'm here.

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Yeah, we know you're there, but you faded away.

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We couldn't hear you for about 30 seconds.

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All right, well, I'm back.

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He has not shown any hardship.

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Any hardship whatsoever.

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He cannot meet the requirements.

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Chacombe, I need to interrupt you.

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I apologize.

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You're breaking up.

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We're hearing maybe every third or fourth word at best, and it's very garbled.

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It's not uniform.

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And hear me now without the garbling.

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Ms. Chacumba, we're going to ask that you provide us with a written document via email

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of your testimony because your technology is not allowing the court reporter to receive.

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Again, Ms. Shacumba, we're requesting that you submit your testimony via email.

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Send it to the board's administrator, and we'll provide your testimony to the board.

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I really don't like to do that because I'm more expressive.

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Because I'm more expressive.

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there is no other there's no other alternative we cannot hear your testimony

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chairman chairman if i if i may i i know it's difficult but i would like to i don't want to

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see this as a reason to hold up a vote on you on it today if i could interject chair

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sharon is suggesting that ms shakumba call her on a cell phone and she can do it like she did earlier

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okay but we got limiting

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because of the circumstances

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we're going to give you

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three minutes as opposed to two

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and I will notify you at two and a half

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minutes that your time is running

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you said I can do it on the phone

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you said I can do it on the phone

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what's the phone number I call on the phone

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Madeline, stop wasting time.

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Either way, it's three minutes.

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Either way.

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We've been adhering to that all day.

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All right, well, one thing.

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He did not present any hardship, okay?

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Madeline, stop wasting time and call the number.

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Call the number

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Call the number.

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Mrs. Chacamba

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Mrs. Shukamba, it's...

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Mrs. Chacamba, it's Sharon Saleta

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Call the number.

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Mrs. Shukamba, it's...

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the same number that you've called me on earlier

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if you call I'll put you on speaker

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and you will be able to hear them and they'll be

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able to hear you

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Is that your call number?

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Yes, yes

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Thank you Sharon

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You're welcome

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Dare I ask, Ms. Sunket, are there other members of the public in opposition that we're waiting

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for, too?

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No, that's all I say.

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Okay.

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Thank you very much.

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okay can you okay can you speak louder okay you should be able to hear them now

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Okay, what I was calling about, as I said before, the developer is not showing any hardship.

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Okay, he needs to provide three loading zones.

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Okay, right now he has only provided one.

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Okay, that is for a grocery store.

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And that one will definitely need it.

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We don't know what will happen in a year or two years from now when he may get other tenants in there

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that may require a loading zone.

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We cannot afford to have businesses in there without loading zones,

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especially when we can't provide it.

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He didn't show no hardship that he could provide the loading zone.

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We need those loading zones.

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And as Mr. Orfanili is pointing out,

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when you go down there on Tuesday or Wednesday or whatever,

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CVS come in there, they're blocking the traffic

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because they don't have any loading zones, okay?

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Secondly, I'm appalled by the fact that we've been told about all these meetings they had about Washington Avenue.

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And no way, nor none of this members have ever been invited by staff or the adults to attend these meetings where they redesign Washington Avenue.

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Okay. Thirdly, I told you about a notice of the refusal from the L&I. L&I clearly stated in the refusal notice on December the 30th, 2019, that 128 residential parking spaces was needed, and the developers proposed 120, and right there, and residential uses.

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And Anthony has an accident saying, additional parking spaces will be required for any proposed commercial.

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John goes there and talks about the NOR, Notary Surgery, dated 2nd, 28th, 2020,

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which we never, the RCOs never saw this because all of our needs were held before this NOR was issued.

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And now all of a sudden we present six refusals.

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that we did not even know a thing about, okay?

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He wants to use the residential parking of 120 units for part of it for the commercial.

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This should not be done.

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If we are required to have 120 for residential, then it should be residential.

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How dare he want to take 44 of our residential parking spaces to give to a commercial business

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who will determine how that parking space will be used, okay?

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