civus
Hearing video

ZBA Hearing - March 20, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Mar 20, 20246h 34m

Yeah, I kind of think that's not going to work for you, sir.

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Yeah, I think you need to have a computer to do this.

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Do you have a laptop or computer that you can get on?

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No, I don't own a laptop.

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I just have an iPhone.

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Okay.

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I'm not sure how to direct you how to work an iPhone for a presentation.

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I believe I emailed in all the exhibits.

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Yes, but the job, when you come here to give the presentation, you have to actually present the documents that you submitted to us.

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Okay.

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Let me just see.

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One of you ladies, Latina or Lakeisha, would you be able to pull up his documents?

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Maybe we can share.

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we might be able to accommodate

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okay

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you're sharing the screen it says

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okay well can you see the photos yeah i can i can yep

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We have all your other documents, so why don't we do this?

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Why don't you tell us what you want to do and how you're going to do it?

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For 1623 West Ritner Street, it's a duplex.

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This is not a single-family house.

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There's actually two entrances.

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I live on the lower unit.

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The upstairs has previously been used as an Airbnb.

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However, I don't have a short-term guest accommodation license.

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Apparently, they have my house zoned as single-family.

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which when I purchased that house, it is zoned as multifamily.

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I have evidence of that also.

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Okay.

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How long have you had the Airbnb?

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I've owned the house since 2008.

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Right.

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And how long has it been an Airbnb?

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Since 2013.

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Okay.

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I have zero for any tax liability also.

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and you've not had no problems with the rental right zero the problems i've had with rentals

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were long-term year-long rentals that's why i switched to airbnb and that was my primary income

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before losing the license so

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before losing the license so questions from the board

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no mr chairman no chair questions or comments from um our attorney hillary emerson

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just a clarifying question um sir are you seeking to have um the entire property both units

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zoned for visitor accommodations or okay just no just just the second floor which i've okay

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which i've done the lead certification for also i'm not sure if you had that but that's on the

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screen okay okay so just the second so to be specific and this was an issue when i brought

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up to the zoning board i'm sorry to the rco um this is an owner occupied duplex i am the owner

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i live in the first floor they said they were unopposed to that as being a um owner occupied

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duplex with a guest uh allowance i'm sorry the visitor accommodation allowance however because

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i was listed as a single family house and they had uh one person was um objected to it when

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everyone else was on board it's only three people at the meeting when i sent out 192 notices um

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but it it was confusion over uh certifying two units which i wasn't applying for only the second

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floor unit as an owner occupied unit so okay to clarify the question no no for the downstairs

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Okay, now thank you for clarifying because the way the refusal is written is for the

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entire building, but if you're just seeking it for one of the units, if the board grants

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they would need to provide those specifying the unit.

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Yes, so I was told that I needed to file for another variance for the duplex also, which

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I have done also waiting for.

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Okay.

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Okay.

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Okay.

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Questions or comments from the virtual audience?

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There are no hands, Chair.

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Planning Commission.

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Ron Bednar, City Planning.

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Properties indicated for residential use on the city plan or adopted district plan recommends no change to zoning at this location.

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There's no evidence of unique physical circumstances or condition of the property that will prevent it from being used in conformity with the zoning code.

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So City Planning Commission recommends that the board deny the proposed use variance for visitor accommodation.

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Thank you.

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Hillary, can we just do the second floor?

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Yes, Mr. Chair.

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We can specify that approval for visitor accommodations is for the second floor unit only.

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So that would be awesome.

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I didn't vote yet.

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Wait a minute.

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MI 2023, 006-300-1623, Rittner Street.

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I vote yes, proviso.

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Second floor only for visitor accommodation.

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Thank you, sir.

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Thomas Holloman, my vote is yes with proviso.

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James Nell, my vote is yes with proviso.

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Ismail Shahid, my vote is yes with proviso.

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thank you sir you have your votes thank you very much for your time and everything i appreciate

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you thank you thank you so number three mi 2023 excuse me mr chair um we had a we had a request

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to actually um well so actually out of order to take number nine um next because the witness in

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that case um is only going to be available for a short time more okay mi 2024 003

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28 6109 market street al knockamson is the attorney this is a reconsideration hearing

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um myself thomas hollman ismail are the three people in this case

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Mr.

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Nockamson is coming back in.

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Okay.

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Mr. Nockamson, just state your name, please.

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Alan Nockamson.

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And could you identify your client?

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yeah my client is um winfield investments llc in the virtual audience should be len chang and

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actually also uh len chang's uh the the landlord's uh realtor as well okay and um

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uh realtor as well okay and um our vice chair doesn't have to do a file because we know that

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all the information so why don't you just begin sir okay um mr chair sorry i just wanted to note

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for the record that the evidence and testimony from the prior hearing on october 25th um is

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incorporated into the record for today's hearing and the scope of this hearing is limited to a

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discussion of the temporary variance for the proposed change of use at the subject property

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Thank you.

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All right, thank you.

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I'll just give you a brief overrun just so like we just go really quickly.

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So 6109 Market Street, you know, the only – so we're seeking three family dwelling units, right?

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This is a three-unit building, commercial on the ground floor, two residential above.

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This is a CMX2 property.

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We're just trying to swap the commercial unit for a residential unit.

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And, you know, I would just ask that my client's realtor virtually raised her hand, but they've made every effort possible to lease out this property.

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They're asking for a three-year temporary variance to just get someone in here.

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It's been a vacant storefront forever.

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And, you know, the community under similar circumstances for 6104 Market Street did say yes to a temporary variance like the, you know, by way of a letter, they agreed to, not the community, I'm sorry, the council member on the other side of Market Street.

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So it's kind of weird. UTA is a council person for 6104. Council member Jones is the council member for 6109. 6104, the council member said, fine, we understand that there's an issue with the commercial corridor here.

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there's a ton of commercial space that's empty that's not that's not leasing will let you on a

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temporary basis but um uh put like a commercial a residential space in there so that's what we're

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asking for in 6109 three years so um you know i think we can keep it pretty short it's been a long

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day uh so i would just ask that my real my my client's realtor virtually raise her hand and

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she could just testify via narrative so okay what's your name um that's a good question

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it's been a long day my mind is much uh so um i should have in my notes but it's okay hold on

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alex goldberg's gonna save the day because he he's he's my brain right now who is it gail thinkpen

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Okay.

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Hi.

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Hi.

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

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Sure.

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B-A-Y-L-E-T-H-I-G-P-E-N.

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

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Yes.

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Please proceed, counsel.

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Oh, yes.

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Ms. Thigpen, are you a realtor?

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Yes.

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Okay.

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And you're a realtor for this property, 6109 Market Street?

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Yes.

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Okay.

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Can you just, in narrative form, just explain why we've had such a difficult time and what

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efforts you've had, you know, known efforts to market this property as a commercial property?

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Yeah, sure.

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So I got the listing in December.

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I've only had one realtor reach out to take a look at it.

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um the feedback is was the space was too small um since then i have had no one um

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contact me to take a look at it it's um advertised on the mls which means it goes out to um cx i

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it goes out to loop net and um redfin and also trulia um i think the space personally i think

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this space is too small for a commercial space it would be um much better as a living space

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especially on the first floor since um we get a lot of requests from elderly

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people in an area that want a first floor unit

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anything else to add

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no i we lowered the rent a few times um two and five rentals is very flexible with the rent

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You know, if we get someone that needs it for a little bit lower, we would go for that.

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Just trying to get it rented.

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And Mr. Chair, I know this doesn't matter, but my client, he's an affordable housing provider.

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provider. This is his business model, so this would go towards affordable housing as well.

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This is his business model.

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So this would go towards affordable housing.

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So, Ms. Pickpen, thank you so much for your time. Okay, thank you. We have your client

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adopted your testimony before, I think that's fine, right? All right, so questions from the board?

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No, Mr. Chairman. No, Chair. Questions or comments from our attorney, Hillary Emerson?

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Mr. Chair, I don't know if you noted it previously on the record, and I apologize if you did.

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We did get additional letters, and I believe Mr. Nockamson included them in his packet,

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a letter of non-support from Achievability and a letter of opposition from Calton and Jones.

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Yeah, yeah, yeah.

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So, thank you.

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Questions or comments from the virtual audience?

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Yes, Chair, I have Bridget Powell with a hand up and will be allowed to speak.

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hi could you please state your name and spell for the court stenographer

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um my name is bridget powell b-r-i-d-g-e-t p-o-w-e-l-l do you swear or affirm to tell

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the truth the whole truth and nothing but the truth i do are are you a neighbor

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i'm one block away okay please proceed um i actually did attend the second meeting

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And I just want to go on the record and say that 6104, from my understanding, is staying commercial.

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It's not going to three-year.

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And that idea came from Councilman Gaudier.

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We're referring to a property that's in Councilman Jones' district, which he also just submitted another letter of non-support.

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But what I want to say is that I've been on this Zoom since they were talking about Queen and my understanding that Queen is much narrower than ours.

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But the same attorney is going to try and do commercial there.

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And that's what we want here.

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I mean, I've been a resident of this area since 1980 and I do a lot of walking on Market Street.

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So our pushback about making this commercial, we're pretty adamant about it.

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So I would ask that we deny this once again and keep this first floor commercial.

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And I'm also here with a nearby neighbor, Mr. Cleveland.

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So I wanted to know if you would allow him to also offer testimony.

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Tell Mr. Put Mr. Cleveland on.

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He's right here with me.

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Hi, Mr. Cleveland, could you please state your name for me and spell it for the court stenography?

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Yes. Cleveland English. C-L-E-V-E-L-A-N-D-E-N-G-L-I-S-H.

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

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I do.

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And, sir, you're against this?

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Yes, I'm definitely against it.

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and

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like we told them at the last

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meeting they should

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they may be

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advertising it other ways

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but they don't

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they cover up the sign

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like they don't want to

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rent it commercial

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so

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you're just against

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you're safe to say you're against this

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