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Hearing video

ZBA Hearing - November 17, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Nov 17, 20205h 18m

Thank you. Good evening, Mr.

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Thank you. Good evening, Mr. Jinn.

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Please identify yourself with a record and I'll swear you're in.

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I see you have two cases.

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You're promoted to panelist, Mr. Jinn.

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Yes, thank you. Good evening.

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Since I am present for another hearing, I wanted to just verbally request a continuance for one of the matters before the board tonight.

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we're in a firm to tell the truth the whole truth nothing but the truth

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I do please proceed I'm here requesting

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a continuance on MI 2020

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000 450

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2128 South 15th Street we still need to

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meet with the RCO okay

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MI 2020 dash

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000 450

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2128 South 15th Street is continued

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thank you we'll get

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back to you on your next case shortly thank you

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any other requests no mr. chair that seems to be all for right now thank you

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I believe we go to number two on our list is that correct Tanya Amber Street

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yes that's what i have to hear okay thank you mi 2020 that's zero zero zero zero five eight

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three oh two one amber street

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The attorney is Christopher Dean.

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Hold on one second, everyone.

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I'm sorry, Mr. Chair, but I do not see Mr. Dean here, present.

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Is there anyone here for 3021 Amber Street?

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Seeing none, MI 2020-0000583021 Amber Street is continued.

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Can this be a must be heard?

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And must be heard.

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Thank you.

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calendar number mi 2020 000 348 1957 north 24th street mr dwyer i'm finally here my name is craig

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dwyer um c-r-i-g-d-w-y-e-r i'm at nine i'm the owner of 1957 north 24th street in philadelphia

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PA 19121, swear to tell the truth.

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And you do swear or affirm to tell the whole truth and nothing but the truth?

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Yes, I swear to tell the truth, yes.

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You also agree to waive and nothing but the truth?

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I also agree to waive about nothing but the truth.

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Okay.

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You agree to waive the reading of the refusal and stipulate to its accuracy?

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He's not an attorney.

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I'm not an attorney.

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Okay.

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This is an application for a permit for a two-family household living.

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in an existing attached structure you may perceive yes so i'm the owner also for 1955

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i have a variance for two families which is approved and granted am i allowed to share my screen

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i don't know how to do that okay yes so i'm the owner of both properties so i met with the rco

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board and they didn't see a need for me to put another duplex there um so i'm just basically

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You know, asking for you guys to see if I could get the permission to do that.

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Let me ask you, sir.

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Excuse me.

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Did you submit all your required documents five days prior to this hearing?

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Yes, I want to.

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Have you met with the RCO and have a letter?

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No, they didn't give me a letter.

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I met with them over and over and the letter has not been granted as yet.

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and what is 1955 north 24th street that is my property as well it was granted a variant which

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is a new place so right now we're going to focus on 1957 north 24th yes we do not have a letter

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from the rco is that correct that's correct i go in there call they met with me you have plans

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yes i have plans um how do i share my screen

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um hello what kind of device are you working with i'm on a computer

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i'm on a computer um so you're going to look at the bottom of your zoom and you're going to see

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um so you're going to look at the bottom of your zoom

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a share screen you're going to open up your file first once you have your file open and on your

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desktop then you'll hit share screen at the bottom of the zoom excuse me this is sharon saleta i just

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checked and i don't have a record of having received the exhibits can we confirm that they

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were sent to me and to the RCO mailbox? Yes, I sent it to Tanya. No, that's not the

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requirement. It's supposed to go to the email boxes that's on the documents that

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was sent to you, Sharon Soletta, the attorney who's now speaking, as well as

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the RCO ZBA mailbox. That's where they're supposed to go. Okay, so should I request

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a continuous? That sounds likely. This case will be continued. MI 2020-0003481957 North 24th Street

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is continued. Okay, calendar number MI 2020-000451-2204 North Marshall Street. The attorney is

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Zen Jin. Good evening. Hi. Name and address for the record, please. Sure. Zen Jin, Z-H-E-N-J-I-N,

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1617 John F. Kennedy Boulevard, Suite 1838, Philadelphia, PA 19103, here on the behalf of

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the applicant. Thank you. Do you swear or affirm to tell the whole truth and nothing but the truth?

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I do. You also agree to wait the reading of the refusal and stipulate to its accuracy?

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I do. You may proceed.

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Thank you. We have submitted the evidence according to the requirements of the zoning board five days ahead to Ms. Saleta.

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I am going to share my screen. Let me make sure I'm permitted to do so.

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So I'm going to share with the board the evidence that was submitted.

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We submitted a copy of the refusal, the letter from APM, and we also submitted the proof of notification and mailing, photographs, plans,

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The certificate tax clearance is not an actual certificate. It shows that there's zero taxes,

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real estate taxes, owed on the property. However, we don't have the actual certificate, a deed,

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the application, project information sheet, and this hearing's calendar. The community met with

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us on this case, along with two other lots on the block. The primary issue with this

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particular case, in which case it is simply a CMX2 property that we're seeking to build

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100% residential. This is actually a vacant block. And my client does not happen to own

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contiguous lots. So he has one lot, and then another lot, and then one all the way down the

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block. The issue with doing commercial at this point without any of the residential being put

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in place yet is that it's really difficult to support any kind of a commercial use on this

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particular block at the time. At this time, I should say, I spoke with Ms. Jones also from the

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council president's office. And we discussed that in the future, as more of these multifamilies are

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permitted and allowed to build, there would be enough support for future commercial. And certainly

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my client would look at that as he further develops in the area. But for this particular

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property, we believe a full residential use at this time would be the only viable use.

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The community also did not take a position because essentially because there are really

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no neighbors. I mean, there are a few buildings in the area, but they're mostly rental properties

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and none of the residents actually came out to the meeting. So they issued a non-opposition

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because they don't really want to take a position

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since there was no real feedback.

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I do want...

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Jen, do you have any photographs of that?

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I do.

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I do.

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That'd be helpful.

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Sure.

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So this is the lots on North Marshall Street.

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And this is the current conditions of the lots.

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So this entire block,

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but back here on 7th Street,

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you have two multifamily buildings.

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On the further end, across the street, this is across North Marshall. It's the back of,

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I believe, a church-type structure. And let me go ahead and also share the plans with the board.

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As you can see, it's a narrow, long lot, but we are leaving the open space as required. We're

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not trying to go too high on the height. I will zoom in to make sure that it's easier to see.

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We're not trying to go over the height. It's a fair height for the area because other buildings are about this height, but they're actually a block away.

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we're not trying to go

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over the height

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it's a

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Each floor would be its own unit according to the design. This one I will zoom back out so we can better see the floor layout.

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each floor would be its own unit first floor and basement is one unit second floor is a unit

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and third floor is a unit we I do want to point out the second and third floor would have been a

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by right residential use even with the commercial so we're really focusing on just the first floor

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also being used as a residential again the area is basically all vacant lots on this whole entire

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block and at this time we believe there's a hardship to put in a small commercial space

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that would likely not be supported by enough residents in the area. This is subject to change

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in the future I'm sure but for this particular case at this time I think it is a fair request

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to ask for a variance in this case. I'm happy to entertain any questions or show other exhibits to

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the board. Do you have a client? Do you need to swear in? My client should be here with us,

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Mr. Joseph Gitterman. Mr. Gitterman, if you're there, please identify yourself,

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spell your first and last name, and I'll swear you in. I won't let Mr. Gitterman speak now, sir.

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Mr. Gitterman? Yes, how are you? Good evening, everybody. Thank you very much. My name is

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Joseph Gitterman and I'm the owner of the property 2204. Mr. Gitterman, please spell your last

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name. G-I-T-E-R-M-A-N. You swear and affirm to tell the truth, the whole truth, nothing but the

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truth? Yes, I do. Mr. Jen? Thank you. Mr. Gitterman, I am present to the zoning board regarding this

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matter. Can you verify that it is true and correct and adopted? Yes, I do. Thank you. Thank you.

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questions from the board no no somebody has their uh needs to mute we hear a lot of background noise

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um and excuse me anyone else like to testify in this case if so please raise your hand

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no hands mr chair okay mi 2020 dash zero zero zero four five

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here planning commission oh i forgot i'm sorry i i didn't hear from miss jones i got ahead of

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myself okay planning commission thank you uh hi mr chairman this is mason austin representing the

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planning commission i swear and affirm to tell the truth the whole truth nothing but the truth

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i do please proceed sure um so the property is designated for single family residential

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uh sorry got lost there uh the i'm very very sorry no worries no worries um

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well so well the property is zoned for commercial mixed use is designated in the comprehensive plan

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for multi-family residential because the proposed use would be uh by right under this recommendation

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staff supports the granting of the requested variance thank you MI 2020-000451-2204 North

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Marshall Street my vote is yes my vote is yes my vote is yes thank you MI 2020-000337-7332

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north 20th street

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okay chair i have a mr patrick myers i will

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allow him to speak you can promote he can be promoted okay

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you are now promoted as a panelist mr myers please wait to be sworn in good evening mr

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myers please identify yourself for the record spell your last name and provide us with your

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address yes hello my name is patrick myers p-a-t-r-i-c-k-m-y-e-r-s address 7332 north

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20th street philadelphia pa 19138 you swear in the firm to tell the truth the whole truth

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nothing but the truth yes are you the owner yes i am the owner

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whoever. Carol? Mr. Chair, this is an LLC. Doesn't he require an attorney?

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whoever carol mr chair this is an llc

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No, I do not. I owned the property before I started my LLC.

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And I also have the deed to prove that. I checked the deed and he is listed as an individual.

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Okay. Sir, can you put your name and address on the record?

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you already patrick myers okay we got his name already carol just to go through the

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do you swear or affirm to tell the whole truth and nothing but the truth yes

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okay have you emailed an exhibit packet with the required documents including proof of ownership

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tax compliance refusal referral photos and plans of the property five days in advance of this

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hearing and have you also met with the RCO and have a letter? Yes, I did. I'm also at the moment

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right now I'm on my cell phone because I'm having a little difficulty with my laptop. So I had to

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restart the laptop so I could be able to share my screen with the presentation. Mr. Myers, when did

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you submit your exhibit package on Monday but uh yesterday let me check no on no not on Monday

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um let me check the email this is Sharon I checked I received it on Thursday

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okay Sharon can you send it to me and then I can go ahead and share the screen I can the only

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problem is that it is um it is broken up it's not a pdf it's a powerpoint never mind that's okay

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Okay.

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So, Mr. Myers, you're going to have to mute one of your devices, probably your computer,

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and then just speak to your cell phone if you want to do that.

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are you there you have to unmute

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yeah so i logged off um i logged off the cell phone i'm on the laptop now uh my screen now

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correct? Okay, yes.

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it's not letting me i don't know why it's not letting me open the powerpoint

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Can I log out in and log back in so I can open up the presentation?

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I don't understand what do you mean you're already logged in to sign out of the zoom

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meeting open up the presentation log log back into the meeting and then open up the to share

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the presentation because it's not letting me open up the powerpoint while i'm on the meeting

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that's the chair's call but this is like the last case and it's up to the chair

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how quickly can we get this done less than one minute okay please okay please proceed

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okay um chair i would like to if i could let me just see

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I would like to, if I could. Let me just see. There are a couple of people who were questioning a case that we heard earlier.

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And they stated that they were waiting and had their hand up. At the time we called the case, there were no hands up. That's why Jason didn't recognize them.

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is it um okay to inform them that the case was heard and decided to confirm and this was the

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one where we had to get the um d sharon had to get the deed emailed to her yes

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yes absolutely this was case number 14 on a two o'clock list 11 21 to 33 north front street

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i just wanted to state to um helen cooper who is on the line i'm going to just open your

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who was that asshole this case was heard and decided

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i'm sorry is somebody their voices in the background yeah profanity and all yep i heard

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that. Sorry. Wasn't

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me, but whoever it is.

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Ms. Cooper?

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You can unmute yourself.

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Okay. There seems to be

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no response, Chair, but it was a lot of back

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and forth in the Q&A.

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