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Hearing video

ZBA Hearing - November 2, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Nov 2, 20214h 17m

properties, they have two that meet the low income threshold and two that meet the moderate

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income threshold under the mixed income housing bonus, although they are single family dwellings.

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They meet those for those that have the units at the lower level in terms of rent. They meet those

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levels. We are looking here to provide one of the units, even though it doesn't qualify under the

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mixed income housing bonus through the zoning code in the planning commission. I have been in

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conversations with the planning commission to see if there was a mechanism where the owners wanted

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to commit to providing an affordable unit and still going through that process so uh we did

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present to the community that one of the three units was going to be um priced uh one of the

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upper levels was going to be priced at the moderate income threshold as set forth in the uh in the

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mixed income housing bonus uh under the philadelphia zoning code um and that was what

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was presented to the community, and that is the intention of my clients.

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Here's a rendering of the building, and you can see right here, fitting in with the height

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of the buildings to either side using red brick.

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We have gone with them slightly, oops, sorry about that, slightly more modern bay.

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A lot of glazing and glass for eyes on the street.

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If possible, we'll be putting in another street tree into the footway.

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We did run some comps, both rental comps and sales comps in the area.

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They are included at Exhibits 15 and 16, and both of them demonstrate that for new construction, there's not anything really particularly close.

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You can see you get over into Brewery Town for a lot of the new construction, but that the rates don't support doing this property by right as a single family dwelling.

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And if you care to take a look at those, we did include all the comps that my client pulled up, both 15 and 16.

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And I can have her testify in greater detail if you have further questions on that.

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we do have a couple just so you get an example of what some of the other units that my clients

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have developed again i indicated that half of their units meet the moderate or low income

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threshold under the philadelphia zoning code and there's their intention here just as with

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the other properties that they have is to provide comparable finishes high quality finishes throughout

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the unit so they're not going to be skipping there our tax clearance for my clients included

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at tab at tab 17 a deed for the subject property showing that my clients do in fact own the own

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the property a posting of our zoning notice is at tab 21 that was posted in compliance with the

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zoning code our application of appeal and our project information form are at 22 and 23 tab

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24 includes our 14 our community notice the email from the planning commission

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designating saint elizabeth as a coordinating rco for the project

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uh the list of addresses to which we mailed notice of our community meeting we had first

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get notice of our community meeting meeting we had first we had that we had troubles getting

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we had that we had troubles getting in touch with that

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in touch with them initially in establishing a date so we sent out a 14 303 notice by certified

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mailing that had a just notified of the project but did not have a date and time for the community

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group meeting did have a date and time for the zoning board hearing and then we sent out a

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subsequent one that had the information and again by certified mailing that had the information

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regarding the community meeting on september 29th and again the certificate mailing for each

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here's for the first one and here's for the second one

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again in summary it's our position that the given the nature the condition of the block

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given the lack of opportunities here to develop the property in compliance with the zoning code

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whether it's under the Hertzberg case or some of the other cases that exist to support our

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request for variance in this matter we ask that the board again grant the requested relief and

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the permission for a three-unit dwelling at 1811 North Van Pelt Street. So for you do you have

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revised plans? I do I have revised drawings they are one page I did submit again the only change

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is the reduction in the parapet height and um and that was submitted previously with the revised

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proviso plan form the one plan stamp today would be is your client available to testify yeah i

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would like to have yeah both the architect and then um and my clients adopt my statements in

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addition i i reserve the right to if there is anybody on the on the call to uh through additional

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statements and testimony and presentations they're right to rebut um but first if um

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if uh charles if you can get on the uh if you can please by the identified

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mr kerr please unmute yourself

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okay can you hear me now just identify yourself for the records by your first and last name please

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My name is Charles Kerr, first name C-H-A-R-L-E-S, last name Kerr, K-E-R-R.

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So are you trying to tell the truth, the whole truth, for nothing but the truth?

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I do.

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Thank you, please, for seeing.

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Charles, you heard the statements I made to the board this morning.

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I guess I did.

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And are they regarding the architecture of the property, the proposed project, the surrounding area?

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

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Yes, they are.

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And would you adopt those statements as your own?

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I would.

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Okay, thank you.

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Anita or Irwin?

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And or Irwin?

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Did you raise your hand, please?

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Hello, this is Anita.

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Andrews?

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Hi, Anita.

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Can you spell your first and last name?

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Yes, sir.

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Anita, A-N-I-T-A.

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Andrews, A-N-D-R-E-W-S.

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So our firm will tell the truth, the whole truth, and nothing but the truth?

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Yes, sir.

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Thank you.

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Please proceed.

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Anita, good morning.

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Did you hear my statements to the board?

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Yes, I did.

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And particularly regarding the architecture, the nature of the area, you were the one who

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pulled the comps regarding rentals and sales in the area, correct?

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Correct.

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Okay.

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And again, the statements I made regarding your other rental units and then the rental rates

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comporting with the low and moderate income thresholds under the zoning code, you provided

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that information to me?

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I did.

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Okay.

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And you ran the calculations, you did the pro forma to attempt to see whether a one or

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a two family dwelling would work at this location, correct?

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Correct.

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And based upon your calculations, those would not be financially feasible. Is that correct?

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Correct.

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Okay. And it's true that the statements I made that when you can, you do develop single family dwellings as evidenced by your other projects that you have, correct?

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Absolutely, yes.

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Okay. And all right. Thank you. So you heard those statements. Are they true and correct to the best of your knowledge?

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yes they are would you adopt them as your own yes i would okay thank you and again i i reserve

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the right to call uh nita and charles if i need to if there's anybody else there's any further

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testimony or any other statements thank you does the board have any questions uh yes mr chairman

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can i suggest that we hold it until we get our rco letter thank you i mean again we i mean

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i mean again we i mean we are trying to make the um you know before the end of the year and we did

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it we are trying to make the um

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do our best to reach out to them and i don't know if they're not on the call but i did reach out to

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the council president's office again is there anyone else here that would like to speak in this

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manner chair we have josh pesner please unmute yourself how you doing morning sir please identify

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yourself for the records by your first and last name uh name is josh pesner j-o-s-h last name

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pesner p-e-z-z-n-e-r your address 1815 north van pelt street okay you saw a friend to tell the

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truth the whole truth from nothing but the truth i do thank you please proceed um so i am actually

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in a uh a group chat with a couple other people from the block at the moment um and we would like

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to know if we can get a continuance um to hire an attorney uh to get a more professional and

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professionally submit uh all of our reasons why we don't want this uh and also we just heard the

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case 1809 well some of the information is false that they presented 1809 north van pelt is not a

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vacant house there's actually a family of four that lives there with two kids they've owned it

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since 2010 um i'm a real estate professional myself i think that some of the comps they

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put in were wrong um but yeah we we didn't i i personally only got one of the letters and i was

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just saying that the the date got moved i didn't get any of the other letters that they put out

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um so yeah we we would like to put a case together hire an attorney as as a community

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thank you anyone else that would like to speak in this matter

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yes chair we have mary jones thank you

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ms jones you may unmute yourself and wait for the chair

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jones good morning please identify yourself for the record

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yes good morning uh mary jones uh from council president daryl clark's office city hall room 494

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you still are firm to tell the truth the whole truth for nothing but the truth

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i do thank you please proceed yes um i have um been in contact with the rco and um people are

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at this and there's some people were not able to come today because it's it is election day

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and many people are involved at the polls they would i agree with mr holliman that this vote

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should at least be held.

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I wasn't aware of the other community members

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looking for an attorney,

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but we don't have a final word from the RCO yet.

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So there's still matters to be resolved

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and our office has not yet.

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We wanna basically review what the RCO submits

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and what the issues are

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so we can also determine whether we will take a position.

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Thank you.

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Anyone else?

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no more handshare thank you board has uh any questions no mr chairman no thank you planning

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commission good morning mr chairman members of the board david effecto city planning commission

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the comprehensive plan recommends no change in the single family zoning at this location

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this is a 1358 square foot lot there are no unique physical circumstances that would prevent it from

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being used in conformance with the zoning code. However, there are 14 properties on this block

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which contain multiple dwelling units, many of which predate the 2014 zoning map changes for

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north central Philadelphia. Given the multifamily nature of the block, we recommend that the board

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grant the requested use variance. Thank you. And again, if I could just respond, I mean, we work

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with the community we always work with the community we've attempted to reach out to them

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i'm not trying to you know we came to the community group meeting i don't not sure um so

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first i'm hearing but about the some of the neighbors on the block hiring an attorney um

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but you know we had some issues with them getting the meeting scheduled and now we're having issues

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on this side getting a letter out of them i understand that the council president's office

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wants to, wants to hear from them. But I mean, it's unfortunate that we're being held up because

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they're not communicating. And again, I think the planning commission's position

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is very persuasive in this matter. Yep. So what we're going to do, Mr. O'Fanini's is,

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you know, without the letter too, we're curious too, we would like to see the letter. So we're

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going to close this record and hold the vote for maybe like two weeks, I'll say,

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pending the receipt of the letter. If we don't get the letter in a couple of weeks,

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then we're going to render our decision, okay?

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then we're going to render our decision, okay?

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I would appreciate the opportunity to leave the record open

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I would appreciate the opportunity.

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to allow me the ability to respond to the letter.

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I don't know that it would be wrong for them to respond to the letter.

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But other than that, it would be the community group's letter,

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St. Elizabeth's letter, a letter from Justine Elizabeth,

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and then my response there, if any.

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Thank you.

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You're welcome.

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So for calendar number MI 2021,

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That's zero zero three one zero four 1811 North Van Pelt Street.

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We're going to hold our vote pending a letter from the RCO for two weeks, right?

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Two weeks.

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Is that good, board members?

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Yes, Mr. Chairman.

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Thank you.

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And again, if the board were to vote, I'm sorry, it would be one plan.

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There's one page of the plan.

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I see it in our exhibit book.

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Thank you.

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Thank you, good luck.

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Oh, thank you.

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Calendar number MI 2021-001496,

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1851 North Van Pelt Street.

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Chair, I have a Takesha Walker, who's in his race.

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Okay.

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Please unmute yourself, Ms. Walker.

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Hi.

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I'm not sure if anyone can hear me.

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I am Ms. Scott, Shannon Scott.

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I am the owner of the property.

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You're the owner of the property.

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Please promote her.

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I'm sorry.

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Hold on one minute, please.

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Can you please promote her?

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Yes, I'm doing it now.

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Ma'am, can you please identify yourself for the records by your first and last name, please?

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