civus
Hearing video

ZBA Hearing - November 16, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Nov 16, 20224h 55m

You're requesting a continuance?

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yeah i believe it's necessary um we do not have our tax certification yet we i believe we have

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Yeah, I believe it's necessary.

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We do not have...

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everything else um i am not 100 certain whether a continuance is required i guess maybe hillary

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could could weigh in um but i hillary we only have i think two cases you want to hear this

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and we'll just hold it for the tax?

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Yeah, so Mr. Consul, we're missing two things in this case.

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One, we don't have an RCO letter.

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And two, we don't have the tax clearance,

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which I understand is something that you're working on.

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We can, because you received all of the other documents,

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the meeting has been held and the property has been posted.

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We can hear the case today

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and then hold it for those remaining items.

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The RCO letter was sent out last night.

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it was a letter of support i believe rco notification was copied and i believe my

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assistant sent an updated uh packet okay i i will double check for that mr console but yes we can

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hold for the tax clearance all right i i will i will get back to you shortly as i go through the

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continuance is okay all right cool thank you any other requests for continuance here we have

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strawberry mansion community with their hand up okay strawberry mansion please unmute yourself

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or wait for the chair hi mr chairman i i was just trying to get clarity on whether this was

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continued 22 23 there's 29 north 31st street we haven't i'm gonna i'm gonna get to that in a

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minute oh okay thank you all right thank you all right i have any other question request for

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continuance chair i see no hands at this time okay so i have a few cases that have we have no

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exhibits number two mi 2022 003 509 601 rector street douglas manger is the owner applicant

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pro se there's no exhibits this is the first listing share i see no hands at this time that

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case is keep mi 2022 003 509 601 rector street that case is continued

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Number five, MI-2022-001-056-2223-29-North 31st Street, no exhibits, first listing.

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Jarrett Klein is the attorney.

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Here, I see no hands.

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Okay, so MI-2022-001-056-2223-29-North 31st Street, that case is continued.

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And number six, MI-2020-003-265-1224 Herbert Street, Michael Lambert is the listed attorney, no exhibit, fifth listing.

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Chair, I see no hands at this time.

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Okay, so MI2020-003-265-1224 Herbert Street, I vote to dismiss.

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Carl Tenere, I vote to dismiss.

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Thomas Holloman, dismiss.

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James Snell, dismiss.

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Ishmael Shaheed, dismiss.

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Thank you.

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So we're going to go to our list.

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Number three, MI-2022-003-536-2412 North 19th Street.

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MS Ristling is the owner.

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We do not have an RCO letter.

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And we may need an attorney in this case.

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Chair, we have someone by the name of Mark Roche with his hand up.

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Okay.

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Mr. Chair, that is one of the principles for the owning entity.

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I do not have the name of the attorney.

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Okay, fine.

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Mr. Roche is coming back in as a panelist now, Chair.

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Thank you.

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Hi, Mr. Roche, could you state your name and spell for the court reporter?

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Okay.

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Mr. Roche, please unmute yourself.

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Good afternoon.

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Hi, Mr. Roche.

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

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My name is Mark Roche.

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That's M-A-R-K, last name R-O-E-S-C-H.

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Right.

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Do you swear or affirm to tell the truth, the whole truth,

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nothing but the truth?

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Yes, I swear.

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So there's several things that we don't have for this case.

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And we also were under the impression you may need an attorney.

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And we also were under the impression you may need an attorney.

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Yes, I have my attorney.

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He called me at 3.30, requested the code again, and promised me to be here.

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I texted him.

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What is your attorney's name, Mr. Roche?

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Glenn J. Romano.

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Okay, he has his handrails.

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Do you want me to make him a panelist?

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Please, please.

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And Mr. Chair, I just want to note for the record,

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The only thing that we haven't received in this case is the RCO letter.

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We've received all other documents.

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All right, good.

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Thank you.

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Mr. Romano is coming back in as a pen list now, Chair.

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Hi, Mr. Romano, could you state your name and spell for the court reporter?

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Mr. Romano, please unmute yourself.

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mr romano yes i'm sorry sure now sure could you state your name is spelled for the court reporter

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glenn romano g-l-e-n-n-r-o-m-a-n-o right do you swear a firm to tell the truth the whole truth

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nothing but the truth i do i think we um could you identify well we know who your client is now

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um our vice chair has a few questions good afternoon do you agree to waive the reading

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of the refusal and stipulate to its accuracy yes have you emailed the exhibit packet with

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proof of ownership tax compliance a copy of the refusal or referral photos under plans of the

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property five days in advance of this hearing and have you met with the rco and do you have a letter

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um i've just been brought into this case uh in the last 24 hours mr roach can better answer those

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questions oh mr roach has been sworn mr roach could you answer those questions

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yes uh mr chair uh the letters have been sent out and uh with the rco on november 3rd

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It was a good meeting in the afternoon, late afternoon, yeah.

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Okay, so I believe we have everything, Council, we have everything but the RCO letter.

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And Mr. Roach, do you know how the RCO letter, did they?

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I don't know.

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I invited some other people who were on the meeting.

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We had a good meeting.

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I reached out to the RCO that was coordinating.

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So, Mr. Romano, what we're going to do is we're going to go on with this,

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and we'll hold the vote

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until we get an RCO letter.

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Okay, that's fine.

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Okay.

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Okay.

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We're requesting a variance

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that will allow conversion

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of the premises

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to a multifamily dwelling.

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It's currently

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a single-family dwelling.

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The history of the premises...

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Romano, could you take

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the screen for us?

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Sure.

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Share your screen.

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so there's a green button at the bottom yeah

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that's it do you see a slideshow there we do okay great uh

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mr rose prepared the slideshow and i would like to allow him to uh give the presentation i think

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we just lost your side show. Oh. See it now? There it is. It's there. Yep. Yes. Okay. All right.

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I would like to allow Mr. Roach to give the presentation with the slideshow if that's okay.

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Sure. Yep. This is Hillary. Mr. Romano, you do need to give the presentation. You can introduce

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your client as a witness to explain certain things, but according to the code, because the

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property is owned by an entity, the presentation needs to be given by an attorney. Okay, that's

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fine. And I want to direct you to page three, which is up on the screen. The premises was

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previously a triplex, and we'll show further that it currently has three kitchens and three baths

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in each of the units. It was later converted by the previous owner to a single-family dwelling

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for tax purposes. At least that's the information we were given. On the screen are the latest

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permits that were given to the previous owners. Then we have our zoning application and refusal

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and our appeal.

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On the screen now is a picture of the interior of the premises.

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It's a three-story premise with a basement, and I'll have further details on that.

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and I'll have further details on that.

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Next screen shows the three

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kitchens, one on each floor, and the next video shows three bathrooms, one on each floor.

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In the basement, the premises was previously wired for three separate units. Two were taken

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out when the last owner converted to a single family dwelling. You are now looking at the

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premises from the outside, which also includes the zoning notice that was posted.

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We have some additional photos of the interior. It's a very nice premises, very clean.

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Now, what happened was that we tried to market this for a single-family rental, and it just

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didn't work, even at a much reduced rental rate.

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And I think the only use that makes sense for this premises is to go back to a multifamily

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dwelling. We also have the ability to convert this to Section 8 housing. Mark Roche received

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a certificate of completion of a course for that. We've had the community involved. Mr.

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Roche can testify his involvement with the community. I have a letter that was sent

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to the local community organizations. That's up on the screen now, if you can see that.

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Yes.

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Uh, and we also have a certificate of mailing that went out to all the neighbors, uh, affected

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neighbors.

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So they're all aware of this.

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We have the updated tax compliance, issue date November 16th.

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We have, I haven't showed you the deed, I will bring that up.

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current deed of the property

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on the screen now

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Now, just to go back to the slideshow.

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Again, Mr. Roach will testify as to his involvement with the community organization

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and what was said at that meeting.

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uh uh mr roach do you want to give testimony at this time about that

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mark you have to unmute yourself

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yeah thank you uh glenn thank you chair i'm happy to testify that we spoke to all those people that

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we made a community meeting we sent out the letters we talked to multiple neighbors on the

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street and people who are affected. Special shout out to Danita Bates from the one of the

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local RCOs who supported us a lot and asked for changes in this presentation. I honestly cannot

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explain why the coordinating RCO didn't send anything. We reached out multiple times and I

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learned then from the city that I should just go to the meeting anyways. And I reached out via phone

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and emailed multiple times in the past couple of days,

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but did not get a response.

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So I hope Lady Odessa, her name is fine.

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But that's all I can say.

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I tried that we talked to them.

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The meeting was good.

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Other people who were on the meeting are also on this call,

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if that is helpful.

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Mark, do you?

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Mark, do you?

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Sorry.

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Sorry, I just want to interject.

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Sorry, I just want to interject.

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This is Hillary briefly.

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This is Hillary briefly.

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I just received from Mary Jones and Council President Clark's office a meeting summary form that was submitted yesterday.

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It does not appear that the RCO, all in the family, CDC, took a position.

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There was some sort of unrelated zoning issue that came up after the meeting, and there's no report of the meeting on here except that it occurred.

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Oh, okay.

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Thank you.

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That's a new information for me.

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Mark, did you have anything more to say about that?

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Well, I think it's interesting.

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This house really is in a neighborhood where nobody wants what it is now.

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we have proof for that and we would like to show what we want to do out of it and across the street.

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That was also a statement from the RCO. We did a really good job with the house across the street

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and that's why we came in with three options and we think it makes the most sense for the community

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to do a similar development to that single-family house and those are the three

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options we prepared and I'm happy to show the plans and details if needed.

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if it's okay i would like to proceed with the different options for this property

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uh up on the screen we have presentation first we have option one which is to keep it as a

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single family home well can i cancel wait a minute i'm a little i'm a little confused because

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you're you're applying for free dwellings right right um you know we we just wanted to run through

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of different options here. Actually, I wanted to ask Mark, what was the problem with trying to

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