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Hearing video

ZBA Hearing - October 23, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Oct 23, 20246h 7m

The folks are doing that.

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But Michael Johns, my mother.

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Maritza, you okay with that?

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I agree with Hillary that I don't know if that's an enforceable proviso or not.

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But board member Johns, I am confident that my client would be happy to work with PICO to see if that's feasible, given that this is a corner lot.

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But I am certain that they would have no problem.

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But again, this is ultimately up to Pico.

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Right, exactly.

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Yeah.

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Thank you.

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Yeah.

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Michael Johnson, my vote is yes with proviso.

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Can I agree?

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My vote is yes with proviso.

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I win.

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My vote is yes with proviso.

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Thank you.

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Ishmael Shaheed, my vote is yes with proviso.

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Thank you.

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Thank you.

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Thank you, counsel.

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Number seven, MI 2024.

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304-002-809, 1329 South 22nd Street.

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Alan Nockamson is the attorney.

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Unanimous support from the Point Breeze Community Development Coalition.

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Applicant also has the support of approximately 12 individuals on a petition.

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Alan Nockamson has been promoted to a panelist.

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see hillary we're going to hold the vote on this um actually i believe um

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the this afternoon the the revised refusal the amended refusal came in

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um is that is that right mr knockamson i think you just i think he came in with our original

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submission to the board so but yes we have to revise we have the updated refusal okay yeah no

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i it's dated for today so i don't really okay maybe i'm wrong then we did just yeah i think

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Yeah, it just came in, and Alex sent an updated packet.

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So you could go over it with – you could go over that with the board,

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and we would just – we don't need to hold it because we now have the refusal.

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Okay.

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Okay.

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I apologize.

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Oh, no, that's okay.

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That's okay.

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Late breaking –

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Alan Ockamson, just for the record, could you state your name?

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You have already been sworn.

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Alan Ockamson.

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Could you identify your client in relationship with the property?

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Yes, my client is HHS Realty LLC. In the virtual audience is its member, Hussain Hussain.

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Our vice chair has a few questions.

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Good afternoon, counsel. Do you agree to waive the reading of the refusal or stipulate towards accuracy?

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I do.

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Have you emailed in all the required documents and exhibits that's needed to proceed with this case five days in advance of this hearing?

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Yes, we have.

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Thank you, counsel. Please proceed and share your screen.

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Thank you. Other than the fact that we gave an updated refusal. That's, I believe, the only document that we updated.

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Understood.

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Hi, here to present 1329 South 22nd Street.

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So what we're looking to do is we're taking a property that has a bigger footprint or a building structure has a bigger footprint than what's proposed.

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So that's one of our variance requests is we're actually lining up the occupied area to create this.

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three-story structure, which was originally four stories and was originally three residential units

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and one commercial space. And now it's two residential units and one commercial space.

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And this property has a history of mixed-use usage. So during my presentation, I'm going to

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show you the original notice of refusal. And then we made modifications based on input from the

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community. And now you'll see the amended refusal. Then you can see the letter of support from the

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Point Breeze CDC, which I believe was unanimous support. We also did a petition. My client is a

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well-known landlord in this area. He does housing choice vouchers for his properties, and he would

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do this for this property as well. But, you know, he had many signatures nearby of people who are

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in support of this project. And part of what we did was there was great input by the community

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on the commercial nature of this property. Originally, I think it was vacant.

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the commercial nature of this property. Originally, I think it was vacant. We proposed

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vacant commercial space of CMX2. There was a push for a coffee shop. That's why we had an amended

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refusal for, hopefully, to get an operator in there for this small space as a prepared food

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shop, but the intention is a coffee shop. You'll see from Exhibit 5, the property history, that

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this was mixed-use, mixed-use property. Exhibit 6 is an aerial view, which you'll see that the

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building currently takes a lot more occupied area than allowed by the Philadelphia zoning code and

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is greater in terms of variance than what is being requested today by way of the new proposed

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building structure. We'll review maps of the area. Again, we're a corner property, which tends to be

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moved by Unit of Nature, especially having some type of commercial unit on the ground floor,

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which we hope to do here as well. Photographs of the property and the surrounding area are

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plants and drawings, which were drawn by Chris Johnson of 24-7 Design. The intention was to

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have responsible trash maintenance and removal plan by having the trash in the rear for this

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corner property. And each residential unit will have an outdoor area, as you'll see.

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Our RCO meeting notice, again, we met with the community on multiple occasions.

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Through negotiations, I think we created a much better, stronger project.

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Our application for appeal to the CPA, deed to the property, showing that HHS Realty LLC is the owner of the property.

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And then finally, our Certificate of Tax Clearance, showing that HHS Realty LLC owes no real estate taxes on account of this property.

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At the conclusion of my presentation, I'll have Hussain virtually raise his hand.

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I'll ask him a few questions so he can adopt my testimony, and we can also answer any questions the board may have.

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Also in the virtual audience is Christopher Johnson, the architect on this property, who is with 24-7 Design.

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So the notice of refusal, not that this matters legally from a decision point of view,

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but you can see we originally suggested having three units plus a commercial space on the ground

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floor. We have the same refusals as what we have in the updated refusal, which is actually is dated

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for today, October 23rd, 2024. So if the board feels so inclined to grant the zoning variance,

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I would just have a proviso just to make sure from a housekeeping point of view that the board

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acknowledges this updated refusal. So the proviso would be based on the notice of refusal dated

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October 23rd, 2024. But as you can see here, we went down from three units to two units. We also

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reduced the height of the building. Before, we were still, as of right, 38 feet high. But the

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community said it's a little too high for the community. We don't want three units. We want

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two units. So now we're at two units, 32 feet high, which is as of right as well. And instead

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of just having a vacant commercial space, which we anticipated putting a CMX2, we are, you know,

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putting both feet in, and hopefully we're going to find an operator as a prepared food shop on

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the first floor and the lower level. And the three refusals are as follows. Because this is an RSA5

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property, any commercial use, whether it's, you know, CMX2 type of uses or even a prepared food

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job would require variance. Secondly, because we're asking for multifamily use, and this is

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a rather large property, but regardless, because we're asking for multifamily use,

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that's a variance. And then finally is the occupied area, where we're only allowed to

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occupy 80% of the lot while we're asking for more, but we're asking actually less than what

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currently exists there with the current building structure that's there.

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Letter of support, again, kind of states, you know,

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what I think the chairman stated about the fact that we have

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unanimous support.

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And then, you know, again, we circulated

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a petition of nearby neighbors. Again, my clients and known quantities

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He's a landlord in this area and other areas as well.

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But, you know, he, you know, just and then this doesn't matter from zoning perspective, but he intends to use the housing choice voucher program for the residential units because he uses it for his other units as well.

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So I think that was also something that was impactful for them.

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And it's not just words because he has other properties, I think, even on this block, which currently use that program as well for their tenants.

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And then this is just a zoning permit, which shows that this property was mixed use at one point as well.

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And then this is just a zoning permit, which shows that this is a zoning permit.

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And then aerial view of the property.

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Again, this is the current building structure at 1328, 29 South 22nd Street.

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But you can see it takes almost full lot coverage here.

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Our lot coverage is less.

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We're at 85.8%.

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The existing lot coverage currently for the current building structure is 100%.

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And this is maps of the area.

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Again, typically from a planning perspective, a lot of these properties in Point Breeze and other parts of the city tend to be multi-unit in nature, mixed use.

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We would hopefully have the board think that this is a reasonable accommodation under the circumstances.

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We're at the corner of Earp and 22nd Street, and then again, where we are in the neighborhood.

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Photographs of the property. Again, this is from 22nd Street.

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All right. This is from Earp Street. Oh, geez, hold on a second. My diary's going low.

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So, this is the property from Herb Street.

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Oops.

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These are the orange notice posters from both streets, 22nd and Herb as well.

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This is 22nd Street from the right of the property to the left of the property,

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Herb Street to the right of the property, and to the left of the property.

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Our plans and drawings, again, by 24-7 Design.

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But you can see that even the commercial space, we wanted to get a lot of light and air with the glass.

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You know, you could see that there's, for each unit, it's on its own floor.

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So this is residential unit number one, has an outdoor area.

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Residential unit number two has an outdoor area.

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And there's a lot of light and air with the front of the building, how the windows are situated.

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it. And then, you know, this is from the Earp Street as well. You can see we have its own

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rear yard, which not on these plants, but it will be segmented with the trash. And the trash

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for the commercial unit would be stored in the lower level. The residential trash would be stored

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outside. And then this is the commercial space on the first floor. It's not including the lower

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level, it's 745 square feet. And then if you look at units one and two, unit number one's on the

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second floor, that's a one-bedroom, one-bath, almost 800 square feet. I think it's like 790

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square feet. And then unit number two is also its own floor. So you have windows front to back

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and on the side even, where that is one-bedroom, one-bath, 779 square feet.

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And then there's a roof deck also for unit number two.

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Meeting notice, again, we met with the community multiple times.

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The last time we met with the community was exactly one month ago on September 23rd at 6 p.m.

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We emailed the community notice that went out along with proof of mailing of that notice two weeks beforehand to the coordinating RCO and other relevant parties.

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193 addresses were notified by mail of that community meeting.

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This is the proof of mailing or application for appeal that we filed on behalf of our clients, along with the original notice of refusal and the project information form.

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The deed to the property showing that HHS Realty LLC is the owner of the property.

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And then the Certificate of Tax Clarence showing that they owe no real estate taxes for the property.

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I would ask that Hussain virtually raise his hand.

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sir could you please state your name and spell for the stenographer

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sir hello yes hi sir could you please state your name and spell for the stenographer

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Hussain, Hussain, H-U-S-S-E-I-N, H-U-S-S-E-I-N.

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

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Yes, I do.

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Please proceed, counsel.

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Yes, Hussain, you heard everything I had to say today about your zoning matter.

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Yes, I did.

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And is it true and correct?

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Yes.

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And do you adopt it as your own testimony?

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Yes.

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Okay, thank you.

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Questions from the board.

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questions or comments from art yeah just like did this second and third floor units are nice

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questions or comments from our

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size units really yeah i thought we thought thank you we thought so too and it gives a lot of light

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in there with the window configuration as well yeah and a legitimate handicap accessible

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toilet room in the commercial space.

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We like working with Chris Johnson of 24-7 Design.

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Questions or comments from our attorney?

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Hillary Amberson.

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Just as Mr. Notcomson noted,

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this case would be voted on per amended refusal

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dated 10-23-24. Thank you.

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Thank you.

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Maximum two units, Hillary. Yes, you can. You can do that as well.

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Mm hmm. Questions or comments from the virtual audience?

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Yes, Mr. Chair, I have a hand up from a user number two. I will speak.

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Sure. Could you please could you please state your name and spell for the stenographer?

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door six to unmute

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i'm sorry tiffany green concerns is a point brief tiffany just for the record could you spell your

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name for the sonographer t-i-f-f-a-n-y-g-r-e-e-n right you swear affirm to tell the truth the

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whole truth nothing but the truth yes please proceed we appreciate that yes we appreciate

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the applicant making the changes that the community wanted as well.

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But we just wanted to call in to just confirm that there was an email sent out on October

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16th stating that the two units here at this property would be under the Housing Choice

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Voucher Program and that it would state that the applicant would keep that.

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Okay, I'm sorry.

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It's the end of the day.

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And then we appreciate him, you know, with providing affordable units for the community. Okay.

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Thanks, Tiffany. Thanks for your call.

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Okay.

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