civus
Hearing video

ZBA Hearing - December 19, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Dec 19, 20232h 53m

I'm just allowing the attendees to enter into the room.

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looks like we have 31 attendees chair you can proceed as you wish thank you

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good morning everyone my name is bill bergman and i will be chairing this morning's eba hearing

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with me with me is our vice chair ismail shaheed present mr chairman our board member thomas

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Holloman. Present, Mr. Chairman. Also, we have two auditor board members with us we'll be working

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with this morning. First is Emily Persico. Present, Mr. Chairman. And also John Matlack

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will be on later. They're both from Development Services. Also present is our attorney, Hillary

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Emerson, and our executive director, Tanya Sunken. Here's our virtual format. Be advised

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proceedings are being recorded. The video will be available by contacting tonyasunkit at phil.gov.

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For the benefit of our court stenographer, we ask attorneys and witnesses to identify

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themselves before testifying. If you're participating by phone and you wish to testify,

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press star 9 to raise your hand and star 6 to unmute. To enter an appearance statement, call

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call 267-270-5548, leave your email and the address of the property in question.

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And finally, the question and answer box on the screen is not for comments or testimony.

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All comments should be directed to our executive director, Tanya Sunken.

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Let's look at our schedule for this morning.

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I have several withdrawals I want to call out.

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Number one, MI 2022, 001-365-92 Delaware Avenue.

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That case is withdrawn.

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And number eight.

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Be right with you.

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Number eight.

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MI 2022-001-359-9216 North Delaware. That case is withdrawn. Number 10, MI 2022-007-286-1716-18

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Addison Street. That case is withdrawn. And number 12, MI 2022-001-362-9214 North Delaware

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Avenue. That case is withdrawn. We do have a request for continuance. Did you call number

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five is withdrawn? I'm sorry. It's okay. My fault. MI 2022 001 367 92 18 North Del

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revenue. That case is also withdrawn. We have a request for continuance for number two and number

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four and number six. I am recusing myself from those three cases. Our Vice Chair Ismail Shahid

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will handle the continuance. Good morning. This is Ismail Shahid for the record. Moving on to the

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contingencies for this morning uh mi-2023-004928 2032 diamond street michelle ronhart is the

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attorney of owner and the request will continue is received by the 32nd ward rco judith robertson

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on 12-13-2023.

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Also, we have another request

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on the same case

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from the Sharpay Mansion

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Neighbor and Homeowners Association.

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It's Drew Robinson

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in the virtual audience.

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Mr. Shaheen,

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can you read the other two cases

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into the record as well?

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The continuance requests

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were for all three cases

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that are related thank you no problem also adding into that case is going to be mi-2023-004930

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3 0 2100 diamond street um is also uh i'm going to be a there's a request for

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2100 diamond street um is also

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continuance and also mi-2023-0049 or 4929 2033 north 22nd street

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there's juth robinson in the virtual audience

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i forgot them to speak sir

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Yes, good morning

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Good morning, please state your name and spell it for the court reporter

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Judith Robinson, J-U-D-I-T-H

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R-O-B-I-N-S-O-N

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You swear to tell the whole truth

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The truth, the whole truth, and nothing but the truth

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Yes

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Please proceed

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uh we the citizens of the 32nd ward and the homeowners are respectfully requesting

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a continuance of this meeting we only had one community meeting on friday october the 20th

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at 6 p.m there has been no traffic study on this major 32 million dollar project

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No traffic study, no parking study, and no environmental study. And this land is marked, zoned as RM1 for housing. So this is such a major project. We're begging you all, please give us an opportunity to have more community input.

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In addition, the Art Commission has tabled this project because of the fact that they requested in a proviso that we have more community input and more meetings, and that never happened.

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So we're just asking as a community, if we please could have more opportunity to have input on this project.

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Thank you so much.

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Thank you so much, Ms. Robinson.

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For your call.

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is Lisa Jenkins

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from

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in a virtual audience

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good morning this is Jason

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and I will be your co-host for

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today I do not

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see that person in the audience but

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a Miss but a Michelle

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Reinhardt has their hand raised

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do I allow them to speak

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please

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they've been allowed to speak

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good morning please state your name and spell it for the court reporter

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hello michelle michelle reinhardt are you able to speak

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i apologize are you able to hear me now yes please state your name and spell it for the

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court recording my name is michelle reinhart r-e-i-n-h-a-r-t i am the attorney and applicant

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for this project and represent the city of philadelphia

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just want to tell the truth the whole truth and nothing but the truth i do please proceed

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We oppose the request for a continuance. This is a project that has been planned for a substantial period of time. There has been community input, as I believe public comment will go on to show.

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Additionally, the RCO meeting, which Ms. Robinson referenced, was extremely well attended.

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The RCO summary reflects that there were 54 people who attended, of which 52 people supported the plans as presented.

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um additionally there was some mention of the art commission tabling uh consideration of this

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that is uh not entirely accurate there is a continuance um and that is part of their

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separate review that is dedicated to public art um which is separate than the use that is being

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considered here um additionally there there has been a traffic study um and i i believe

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there were a number of other planning um items that that uh were referenced um we would be able to

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address those in the presentation directly however this this was um there has been

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community engagement in this. So I believe that a continuance at this point in time would not serve

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continuance at this point in time um would not serve either consideration for this project or

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or substantially change the outcome in any way um but it certainly would not uh help the community

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um to prevent them from being able to offer an opinion here and make comment as scheduled

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I understand you all had it in the meeting. It was 52 to 2 in the vote in non-opposition.

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Are you there, counsel?

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There was a meeting that was held, right?

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There was. There was.

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And the vote, I believe, was 52 to 2 in non-opposition?

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Correct.

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all right uh we're gonna we're gonna proceed on with the case today thank you

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all right

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uh cherry when you want to turn it back over to yourself chair

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okay thank you very much we'll that we'll take that in order but we're going to start with our

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list today number seven mi 2022 004 excuse me mr chair sorry this is hillary can you um call for

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other continuance requests because i believe there may be at least one other request on the

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list today thank you is there any other requests for continuances

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mr chair i have a i have harry cook with their hand raised i can allow them to speak at this time

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Mr. Cook.

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Okay, Mr. Chair, please

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pardon me. I have Jacqueline

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Wiggins with the hand raised. I've allowed

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them to speak. Jacqueline

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Wiggins is not involved in that case.

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Should be

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Harry Cook.

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Okay, Mr. Cook has been on.

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Mr. Cook, I'm on.

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He was on, but he's on.

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Mr. Chairman, can you hear me?

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I hear you now.

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Mr. Chairman, thank you.

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Mr. Cook, do you want to talk about MI 2023-001-046-12066 Abbey Road?

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Yes, Mr. Chairman.

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Could you state your name for the record and I'll swear you in.

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Thank you, sir.

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Harry Cook, H-A-R-R-Y, C-O-O-K, Anastasio Law.

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You swear a firm to tell the truth, the whole truth, and nothing but the truth.

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I do, sir.

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Please proceed.

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Thank you, Mr. Chairman.

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Mr. Chairman, we were brought into this case after the RCO process.

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We were ready to move forward today.

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However, it's come to our attention that even though two RCO meetings were attended, were held and well attended, clients who English is not a first language for and were pro se previously and relying on a realtor and an expediter are unable to produce the required notice certificates of mailing.

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we would request a attorney moving party continuance so that we can have one final

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shot at going back to the RCO be able to present a code compliant notice and also clarify the

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relief that our clients are requesting the application is for a three-family but it's

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actually for recognition of two family and the legalization of a garage that was converted to

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living space. I think it would provide a good opportunity to reframe the matter with the

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community. So Mr. Cook, you've had this in September, am I right? We got this in October

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And we believe that there was already those materials on file.

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All right. Mr. Cook, I'm going to continue it. But the next time next time it has to be tried.

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Absolutely, Your Honor. Thank you. I appreciate your.

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So MI 2023 001 046 12066 Abbey Road.

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This case is continued attorney moving party, but must be tried.

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Thank you. Thank you so much.

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Thank you.

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Go back to number seven.

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Let's see here.

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MI-12.

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MI2022-004-261-2807 Nightingale Road.

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Donna Caristo is the owner.

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This is a pro se.

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There's a recommendation of support from Normandy Civic Association.

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i'm a crystal if you're in the virtual audience please raise your virtual hand and wait to be

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sworn in they will be rejoining as a panelist soon sir okay

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good morning

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Could you unmute yourself, please?

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Hi.

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Hello.

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Hello.

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Hi.

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Good morning.

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Good morning.

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

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Donna Caristo.

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C-A-R-I-S-T-O.

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You swear for him to tell the truth, the whole truth, and nothing but the truth?

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Yes, I do.

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Could you please turn your video on?

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Oh, we don't have the video on.

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Oh, God. I didn't do that.

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There we go.

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Okay. All right.

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Okay. All right.

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This application for the legalization of a conversion of a shed into an addition at the rear of an existing detached structure for change in use from a single family household, size and location as shown in the application.

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No change in height or existing structure.

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Hillary, before we start, let's talk a little bit.

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You had an RCO meeting.

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Yes. Yes, we did. And do you have a letter from them? Yes. Yes. Was there a vote taken? Yes. Yes.

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Okay, this is Hillary. So the letter, the RCO letter that was submitted indicated that the RCO doesn't meet in the summer, so only the board met and voted on it. It didn't sound like there was a required public meeting that was held.

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did you go to a meeting with the rco remember where you sent notices out for members of the

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public to attend we didn't know that was possible we just thought that we had to go

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talk to them and have them do uh let them know what was happening and then they were going to

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do a vote that's what they told me um yeah no unfortunately the rco gave you incorrect

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information you are supposed to they're supposed to schedule a meeting and i understand at the time

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it was the summer um but they were not in the summer now um and they um once your once your

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hearing was moved to december um you know a meeting should have been scheduled um in the fall

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and you need to send um notices out yeah to do that so we need to do that yes you need to do

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that unfortunately we cannot hear your case today all right but i just want to that's what we need

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to do because we've been doing everything is asked that we just get scared because we got emails at

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6 11 last night for something and we're like what what is this we don't know what to do um

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yeah ma'am yes i i i know ma'am and i i apologize for the inconvenience um please call the office

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we'll put the number in the chat and they can make sure that you complete this last step so

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your case can be heard the next time all right thank you i really thank you for that oh thank

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you thank you for what so mi 2022 004 261 2807 nightingale road cases continued

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We've got a number 11 here.

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