civus
Hearing video

ZBA Hearing - April 17, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Apr 17, 20245h 58m

they have been promoted to panelists. Thank you. You're welcome.

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Good morning.

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I did promote.

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Looks like we lost them.

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They're still in the audience.

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The owner for 1134 Waverly Street, please raise your hand again.

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Oh, there we go.

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Hello?

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Good morning.

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Could you please say your name?

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Good morning.

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My name is Margaret Vujicicachichenko, and I can spell my last name.

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It's H-I-T-C-Z-E-N-K-O.

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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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yes i do okay our our vice chair has just a few questions for you okay sure

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good morning ma'am have you emailed in all the required documents and exhibits that is needed

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and required to proceed with this case five days in advance of this hearing

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yes thank you please proceed and share your screen

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So it's my turn now?

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Am I supposed to?

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It's your turn.

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Okay.

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Should I present my case?

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Yes, please.

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Yes.

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Hold on.

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You need to put your documents on the screen.

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Which is what I sent to you?

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Yes.

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All the documents that you have, you have to bring up and show on the screen.

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Okay.

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I will try to do that.

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I wasn't prepared for that, but okay.

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Okay, they are not in one file, so I'm not sure how to do that, quite frankly.

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You require from us quite a lot.

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I guess I should do sharing the screen.

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Share screen, your document should be open, then you push share screen.

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Yeah, I have my documents open.

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I'm not sure how to do that, quite frankly.

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uh i think just because of technical reasons i don't know how to do it so so here's here's

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you're going to have to be able to share your screen and show your documents what we're going

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to have listen to me okay let me let me uh if you give me a few seconds uh

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I'm trying about Zoom.

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I don't know.

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Join the meeting, upgrade, Zoom.

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I don't see the...

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Okay, so here's what we're going to have to do.

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Yes.

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We're going to have to continue your case.

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And I think what you're going to need to do is to have someone,

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and you can call our office, and they'll tell you the best they can

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on the way you present your documents and the way you do it, okay?

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Okay.

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Well, if you give me a moment, let me call.

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Okay.

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Who are you?

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Okay.

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Who are you calling, ma'am?

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I'm calling my son who can help me, you know, but I just, it's not.

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Okay.

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Chair, we do have Matthew Reese with their hand up.

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i'm not sure if it's um pertaining to this case um just go up and i will um

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oh okay ma'am martin can you help me i always want my documents to be i don't know how to

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share the screen i don't know what's happening in my country i don't know my way i can do anything

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matthew we serve you would it be okay to maybe allow yeah what do we do we're going to come

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back to you okay all right thank you yeah i'm not sure i would be able because i okay so what

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we're going to do is we're going to come back to you later towards the end of the morning and by

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then maybe you could find a way to get that up okay uh miss mr chair i think she has a time

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constraint i don't think um she's going to be able to come back um all right so then we're

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gonna have to continue the case yeah i don't know where she just uh looks like they're coming back

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in um okay i'm not sure who for me we can give them just one last chance to get it in and then

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if not we'll continue i i totally agree she's coming back in as a panelist

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hi can you hear me this is matthew reese hi we can are you a neighbor mr reese i am and there's

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a number of us on the phone today and we've taken time out of our work schedule so we were wondering

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if we could provide testimony now and rather than later um you can only provide testimony if we are

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able to hear the case today and we're trying to get the applicant to be able to present if she

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cannot present we'll have to continue all right understood thank you all right

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could you unmute yourself please yes we are unmuted and i believe we pressed the share screen

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it that's correct okay and what documents well there are several documents that go to

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no can you see your screen or we see your screen but there's no documents okay there's one document

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okay could be you know all right so that's the meeting you had scheduled right yeah i guess

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Yeah, there are, you know, the documents that I submitted were not in one document, but it told me that it has to be in one document.

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I can start opening them.

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I mean.

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Do you have photos of your location?

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Yeah, I have photos of my location.

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Let me just.

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Why don't you show us the photos?

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Okay, okay.

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That should be doable.

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Let me just go with this.

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Oh, no, I had my photos.

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Okay.

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okay i'm sorry for that and i'm sorry for the time yeah do you want me to open i want to see

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the photos please okay here's one photo uh here's another photo uh miss the photos aren't coming up

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no okay well i no you would need to just stop sharing and then reshare uh the photos each time

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you click on them stop sharing and now share right okay so you have a photo here

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yeah do you want would you like to see more photos so i i don't see any photos ma'am

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and yeah okay well i don't know i also cannot do that too long okay so so i i know listen to me

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listen to me before you go away i'm listening to you we're going to have to continue your case

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okay okay all right all right so mi 2022 006 says 757 1134 waverly street

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Number two are, cases continued, Mark must be heard.

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Thank you, ma'am.

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Thank you.

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Number three, MI 2022-001-391-521-Haverford Avenue.

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Fern Anastasio is the attorney.

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We do not have an RCO letter at this point, but there was a meeting held 8-2-23 by the 44th Ward RCO.

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Vern Anastasio has been promoted.

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Good morning, counsel.

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Good morning, Mr. Chair.

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

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Yeah, sure. It's Vern Anastasio, A-N-A-S-T-A-S-I-O, representing Mr. Kester Osuji, who's the owner of the property in question.

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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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Our vice chair has a few questions.

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Thank you.

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Good morning, counsel. Do you agree to wait to read another refusal or stipulate towards accuracy?

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Yes, sir.

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Have you emailed in all the required documents and exhibits that is needed and required to proceed for this case?

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Yes, sir.

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Thank you. Please proceed.

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Thank you.

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The chair members of the board, 5221 Haverford Avenue is a former commercial mixed use property that has had a vacant first floor for quite some time.

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Our application is for a sit-down restaurant at the first floor with an existing two dwelling units above.

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The property is refused because it is currently in an RSA 5 block, although there is no history of the property ever being.

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block although it's there is no history of the property ever being a single family home

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I submit to you in my exhibit binder which is 71 pages of exhibits a very long history

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of commercial mixed use on the property itself

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and here is the layout you've got the front of the building of the commercial space would be for

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tables and chairs and then we have the back of the house as well and then of

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course with their two existing units on the second floor

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let's take a look at the photos of the property as you can see there's a lot of

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vacancy on the on the block this property almost stands by itself on this

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side of the block but it is in an area that's uh at least high auto traffic and my client who would

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be occupying one of the units uh does believe that he'll be able to uh attract the uh the customers

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for this restaurant

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where it would be open seven days a week

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serving a lunch and dinner.

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Here's the rear of the property.

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Property is in pretty tough shape,

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so he would in fact like to rehab it as well.

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We did meet with the local community organization.

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It was sparsely attended, but we did, in fact, mail to 86 individual households.

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Here's a proof of posting on the property.

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And here's the history that I spoke of, where it has been a long history of commercial mixed use.

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with commercial on the first floor.

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It was a tap room.

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It was a cafe.

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It was a restaurant at one point,

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and it always had the two family dwelling above.

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And this use goes back to 1935.

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It was actually a nightclub at one point.

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So I move all of this into evidence,

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All 71 pages. And because of the history, documented history of commercial mixed use and because of my client's interest in rehabilitating a parcel that otherwise very distressed block, which is adjacent to CMX2 uses, I respectfully ask that the board grant this variance.

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And with that, if Mr. Kester Osuji could raise his virtual hand, I'd like to get him on the record.

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i see no one with that hand raised i just have a hand raised by the name of willie jordan

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oh there's kester osui i will allow to speak thank you you're welcome

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

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okay

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kester osuji can you please unmute yourself okay yeah my name is kester osuji

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please spell it for the court stenographer sir it's k-e-s-t-e-r and it's spelled and the last

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name is spelled o-s-u-j-i you swear or affirm to tell the truth the whole truth and nothing but

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the truth i do please proceed counsel thank you mr chair mr osuji did you hear my presentation

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to the board this morning yes is it true and accurate to the best of your knowledge

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yes it is do you adopt it as your own testimony yes do you agree to a complete rehabilitation

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of the exterior of the property as well as well as lighting cameras for security

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and commercial trash pickup yes i do thank you questions from the board no mr chairman

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no chair questions or comments from our attorney hillary emerson

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um mr anastasio can you just verify mr osuji is um part of the new link properties llc which is

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the listed owner that we have for the city he is a member yes okay thank you yep questions

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or comments from the virtual audience yes willie jordan has a hand up and i will allow to speak

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Yes, Willie Jordan has a hand up, and I will allow to speak.

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Good morning.

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Good morning, sir. Could you please state your name and spell for the court stenographer?

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Yes, good morning, Chairman. Willie Jordan, J-O-R-D-A-N.

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You swear or affirm the whole truth, nothing but the truth?

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Yes.

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Are you a neighbor?

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I am the coordinator for the 44th Ward RCO.

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Thank you. Please proceed, sir.

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Yes, we had a meeting with the developer and the attorney, had extensive discussion. We had concerns on how the inside, also the exterior, was presented to us. We were supposed to have a follow-up meeting and we never heard back from them.

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We gave them our concerns, and they were supposed to follow up back with us, and we haven't heard anything from them.

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So we're asking you to continue so they can come back in front of the community.

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Mr. Chair, that wasn't my recollection.

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However, if you would care to have a resumption hearing, if my client would still like us to come back with more detail, we're certainly open to that pending a letter from the RCO.

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So, but I'm not quite sure what the concerns are,

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but of course we want to take them seriously.

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Why don't I, is there anyone else in the virtual audience?

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There are no, oh yes, Chair,

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a hand went up by the name of Michael Johns

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and I will allow him to speak.

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Good morning, sir.

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Could you please state your name

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and spell for the court stenographer?

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Yes, good morning, Michael Johns, M-I-C-H-A-E-L-J-O-H-N-S.

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near neighbor. All right. Do you swear or affirm to tell the truth, the whole truth and nothing

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but the truth? Yes, I do. Please proceed, sir. Yes. I was at that meeting and we did request

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additional information. There were some concerns because there was a third story building and the

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third floor had collapsed at one time. And so they had to take it off. So now it's a second,

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it's just two stories. So we had a lot of concerns just around the building itself. And they were

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