civus
Hearing video

ZBA Hearing - December 1, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Dec 1, 20208h 28m

and the record was closed except for proof of tax compliance which we have since received

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okay mi 2020 that's 01228 223 south 44th street my vote is yes my vote is yes

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my vote is yes my vote is yes

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to mi2020-000551 3649 north 15th street

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and three and mi2020-0006863651 north 15th street

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is mr moldahill available

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Is Mr. Mulvihill available?

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Thank you.

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Mr. Mulvihill has been promoted to speak, Chair.

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Thank you.

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Good morning, Mr. Mulvihill.

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You know the drill.

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Please identify yourself with the record, spell your name, and I'll swear you in.

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Yes, good morning, Chairman, members of the Board, Leo Mulvihill, 2424 East York Street, Suite 111, Philadelphia, 19125. Here today for 3649 and 3651 North 15th Street.

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We're having a friend to tell the truth, the whole truth, nothing but the truth.

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I do.

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Please proceed.

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I'm sorry, can we give this one minute, Leo?

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Yes.

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I'm going to promote you to a panelist.

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Thank you, I was just about to ask.

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okay you're ready

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okay members of the board pardon me my computer's being a little slow this morning so i'm going to

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do my best and ask that you bear with me today as i try to present these projects so board members

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we were here several weeks ago for these two projects 3649-3651 north 15th street we had

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originally scheduled a zoning meeting, I believe with the 13th Ward RCO. We attended that meeting.

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No one from the community did, and we weren't presented any time really to present our project,

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so we were asked to return. We did so on, if I may just refer to my notes one moment, please.

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on i believe it was november 17th it may have been it may have been the 16th i'm doing my best

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to recall okay all right that was an in-person meeting that was held at the hero center

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um on 19th street that by the 13th ward rco as you all recall that monday the mayor's office

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and the city had announced that they would be locking everything down on that Friday.

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And the best way I can describe the meeting is unproductive, to be charitable.

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I showed with my architect, and we showed in person.

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There was the chair of the RCO present, several other members of the community,

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and an off-duty Philadelphia police officer who acted as security for this,

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who had a mask on their face, but it was generally either around their chin or leaving their nose

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uncovered the whole time. So needless to say, it wasn't a very safe environment. That said,

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we began to present the project when a member of the community who was very upset that the

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project meeting was being held in person at all came to the meeting and began with a raised voice

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berating me, my architect, and the RCO chair for holding a meeting that night.

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That kind of set the tone for the rest of the evening, which generally devolved into

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these voices. And it's my understanding and belief that we couldn't have gotten a

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bi-writer project approved that evening. Nevertheless, there was a vote held. I

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understand that the RCO chair had sent a letter to the ZBA. I didn't see it because the attachment

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that I received was unopenable, so I'm unsure what the vote was. For purposes of this hearing,

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I'm going to share my screen, or at least attempt to. One moment, please.

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While you're doing that, Sharon and or Tanya, do we have a letter?

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i can try to check um leo what was the name of the group it was the 13th ward rco the chair would

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have been charles karn c okay let me check yes and miss sunkett for for purposes of today's hearing

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if i recall you just sent you may have sent him back a message saying that we can't open this

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because it's not a PDF file, if that's helpful in refreshing your recollection as to the

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correspondence. Okay. So let's just share this. In the meantime, members of the board, the sole

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reason we were here for a zoning hearing for these two properties was for required off-street

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parking both of these properties are located on north 15th street directly south of erie avenue

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you should be seeing my screen right now which the presentation pack that i previously submitted

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if you can enlarge that's good thank you so the the two refusals are identical

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for 49 and 15. the floor plans are identical but mirrored in the cmx3 zoning district

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the number of units we're asking for are by right the height that we're asking for is by right

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The number of units we're asking for are by right.

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The height that we're asking for is by right.

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The block itself has numerous multifamily properties on it, including a rooming house directly to the north that's existed for years, which is right on the corner of Erie and 15th.

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Several multifamily homes going down the block.

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I can refer to the photographs later if the board would like to see those again.

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And it is an intact block with no curb cuts.

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The sole reason we're here is because the zoning code requires in CMX3 districts that we install all-street parking for these projects.

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To do so, we would have to take 20 feet away, give or take, of the curb, or 10 feet if we do a smaller curb cut, right, times two.

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This privatizing, essentially, two on-street parking spaces to put one parking space on each proposal.

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for four dwelling units.

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We only asked for this refusal

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because we thought it didn't make any sense

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to install brand new curb cuts on the block

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where none existed.

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Otherwise, we would have built this project by right.

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The community kind of inexplicably voted this down.

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I don't have any explanation as to why this happened

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because I did not receive a letter.

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My assumption without having any real evidence

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to back this up is that

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due to the general tenor of the meeting,

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um the people being very upset about the circumstances that no matter what was presented

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that night it would have been voted down because in any other meeting in my experience when we are

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asking to not put a curb cut in on an intact block where there is legal on-street parking

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that is generally preferable by the community um i will again move to the photographs of the

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properties so the board can see for purpose of the record the refusal that i was previously

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referring to is on page 3 of 78 of my zoning packet. I am now going to be shifting to page

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65 and 66, pardon me, 64 of my zoning packet. Members of the board, this is the block that

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we're discussing. To the left, you see large homes that have been converted to multifamily

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dwellings. There are newer homes down the block, which I'm indicating with my cursor

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at this point. There are two-story, single, and I believe at least one or two, two family dwellings

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on the opposite side of the block. This lot to the left, which this car is parked directly in

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front of on the street legally, is where we'd be proposing to build. So the relief that we're

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asking for, generally members of the board, I would expect that would have otherwise been totally

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approved why it was not approved i am uncertain i would ask that the board find that my client

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faces a hardship in installing these two off-street parking spaces for several reasons

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first off the lots themselves are 17 feet wide if we install curb cuts we're taking parking away

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from the street from anybody to park there for one car per unit and that's basically all we could

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theoretically fit. Two, our curb cuts in our driveways are going to be 10 plus feet wide,

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taking up more than half of the lots themselves. And they're going to have to be around 18 to 20

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feet deep, which would require us to either cantilever the structure so that it doesn't

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even come close to matching the existing structures that are adjacent, or coming up with some strange

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way to place off-street parking on these parcels. And I'll just move to the floor plan to give the

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board an idea of what we're looking at. I think we can, not to interrupt you, I think we can

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get past that. I'm just sure, is there a letter in the file? Yes, Chair. We were sent the letter

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November the 25th. It was sent to Leo. However, it was not provided as a PDF for him to open.

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I was able to open the documents and it was opposition in the letter for, I believe it

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was one address. We only got one letter for, I believe it was 51. But that's what we have. And I

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will download it as a PDF, Leo, and then email it to you. Not what I'm supposed to do, but going

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forward, if we don't have the documents in the PDF form as requested, we're not going to be able

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to submit them to anyone. This is Sharon Saleta. We also have an email exchange that we were copied

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on. Which is, I'm showing that for purposes of the record right now. It's an email dated Thursday,

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November 19, 2020. Yes. I provided three emails, which I believe encapsulate the entire exchange

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between my first initial email and the responses from the RCO, from the council person's office,

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uh from the council person's office and there may have been one or two other people

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And there may have been one or two other people as the RCO.

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as the RCO chair counseled many many folks um and copied many folks on the correspondence

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and this is Farid Seletic and I just forwarded that email to the board members in case they

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can't read it on the screen yeah so members of the board I sent this email only because of the heated

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exchange that occurred uh on that Tuesday so that would have been the 17th when we had that meeting

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because I had another RCO meeting with this RCO at a different location on that evening, the 19th.

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And for purposes of the record, it just essentially states my concerns about having continuing

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in-person RCO meetings, the fact that I did not feel safe at the meeting,

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the fact that I would not be attending any in-person meetings in the future,

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and my offer to use my personal Zoom account to help the RCO facilitate virtual RCO meetings in

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the future. And I reached out to the council person's office as well as a plea essentially

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to help if they could do anything to help Mr. Karn and the RCO facilitate these virtual RCO

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meetings in the future because it's a volunteer organization. As we all know, Zoom costs money,

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which I'm not sure this RCO has a budget to do.

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um the response that i got was surprising um i'm going to allow the board to read that at their

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leisure um it essentially i feel like attacked me for trying to offer this service to the rco

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i feel like it mischaracterized the events of the evening i stated to everybody present that

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evening that while my client was not there physically at the meeting due to having family

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members with compromised immune systems, I had my client available via FaceTime at any point

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should anybody have any questions. This note fell on deaf ears at the meeting, I think because

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everybody was so upset about the fact there was a meeting being held, period. So I did my best to

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try to do everything I could to facilitate this RCO. This was the second in-person meeting I'd

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held for this project. That's essentially all I have to do. I would just submit that the email

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that I previously submitted to Ms. Zuleta, the Thursday, November 19th exchange, and there are

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multiple exchanges. There was another exchange later in the day at 11.05 a.m., which I showed

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on the screen, and another exchange at 11.46 a.m. I would just ask that they be marked and moved

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into the record for purposes of these hearings to help elucidate what happened at these community

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meetings and the pleas for for if the council person's office is still present on this call

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i will do anything i can to help this rco have import virtual meetings in the future i'm not

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trying to impugn the rco they're doing their best in this weird time i want to help them out i just

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can't go to in-person meetings anymore my client won't and my architect won't because we can't

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continue doing this that's all i have members of the board i'm happy to answer any questions

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you have at this time. And if anybody else has anything they'd like to add, for example, Mr.

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Karn of the council person's office, I'm happy to continue that dialogue and respond to any

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questions they may have. Here we do have the council person's rep, Mr. Richardson. Fatina,

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can you please unmute him? And he can be sworn in. Mr. Richardson, you've been unmuted. Please

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wait for the chair to be sworn in. Mr. Richardson, good morning. You're still under oath. Please

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identify yourself with a record. Good morning, Mr. Chair. Charles Richardson from the Office of

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Councilwoman Cindy Bass, room 312 City Hall. The councilwoman is opposed to the granting of the

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variance. The community did speak very loudly with regard to what their desires were for this

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property and uh based on the on the uh refusals that's what what they voted on uh i do have on

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the line charles karn uh because in fact he's at work right now but i wanted to get him on the line

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to uh you know hear anything that that had to be said with regard to uh mr mulvihill's off

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offer of uh you know trying to get to get them to have future meetings uh via zoom and that type of

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thing but you know that that being all with state withstanding uh the community voted against the

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granting of the variance and the councilwoman stands with the community

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mr mr karn available uh because i'm a bit confused that it's one of the first cases i

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think i could remember where people actually want curb cuts on streets that don't have them

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and that's why i brought it to the board's attention confused about that one i am i was

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also surprised by that result and if that's what the community once understood it just because it

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was such a bizarre result in my experience doing these hearings I wanted to kind of provide a

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in my experience doing these hearings i i wanted to kind of provide a little bit of background as

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little bit of background.

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to what happened at the meeting which seems to me to be the potential explanation for what had

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happened i wasn't privy for the for conversations that were had by members of the community

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because i i left the building as to my architect and there was conversation so you have a buy

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right project that is required to have off-street parking that it would we would have built it by

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right with off street but we thought having the off street in the middle of a block made no sense

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understood thank you it's mr chair chair oh excuse me chair i don't see charles corn but i do have

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two telephone uh callings i have charles uh this is mr richardson again i have charles on my phone

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right now uh i don't know how well this is going to work out if you have any questions uh perhaps

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you can, Charles, can you hear? Yes, I can hear. Okay. If you can, I don't know if you guys can

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hear him over my speaker? Yes. Okay. If you have any questions, you can ask Mr. Karn directly.

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I'll have to swear you in though, Charles. Mr. Karn, can you hear me? Yes, sir. Please identify

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yourself with the record spell your last name and I'll swear you in. Charles Carn 3853 North 19th

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Street RCO chair for the 13th Ward RCO. And Mr. Carn spell your last name for the stenographer.

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I'm sorry C-A-R-N. Thank you. Swear and affirm to tell the truth the whole truth nothing but the truth.

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Yes sir. Would you care to comment on what the purpose of the objection what why the community

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is objecting objecting to this application what happened was we're talking about um 15th street

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15 30 um 36 49 and 51 yes um the variance the variance uh mr mobile presented was not to have

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all street parking for the two um the two properties the community voted that they wanted to have

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off-street parking

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off-street parking for the properties

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and we understood about the curb cuts

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and that was

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that was the vote and that was

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discussed with Mr. Mulvihill

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at the meeting and his architect

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the elimination of at least

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two on-street parking spaces

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is what the community

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is

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supporting correct

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yes sir

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oh yes

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that because it's very unusual that's why i need to ask and make sure we're we're all on the same

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