civus
Hearing video

ZBA Hearing - July 7, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Jul 7, 20214h 54m

across the street, within adjacent streets, explaining it to them what project I wanted

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to do with the house and they wasn't for the agreement um i have asked them if they can sign

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document the paperwork and they signed for me and they actually that's when i i turned it into uh

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rachel um they weren't for support i had no one uh said anything badly they worked for it

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thank you and do you um did you hear the rest of the testimony that i gave

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as far as the conditions on the block the vacancy um and also um the other testimony i gave given

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um what our plans are and do you accept that testimony as true and accurate and do you adopt

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it as your own i do yes anyone else rachel yeah carmen do you know who from uh your neighbors

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I'm sorry, I'll ask.

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I think we had another client.

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Questions from the board?

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No.

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No.

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Anyone else would like to testify in this case, please raise your hand.

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I see no hands at this time, Chair.

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Thank you, Planning Commission.

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Good afternoon, Board.

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Nicole Ozdemir with City Planning Commission staff. This property was remapped from CMX 2 to RSA 5

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back in 2017. We feel there are no circumstances particular to this lot that would justify relief

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from the single-family zoning. Accordingly, we recommend denying the request for variance.

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mi 2021 that's zero zero one four one one three five two seven frankfurt avenue my vote is no

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my vote is no my vote is no my vote is no

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you okay next case mi 2021 that's zero zero one four oh nine eight oh nine north second street

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There's a letter of support from Northern Liberties with a significant number of provisos, and also a letter of support from Councilman Squilla with provisos.

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Anyone here for 809 North 2nd Street?

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Chair, we have someone named Mark Wendell.

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the attorney for the case i'm not sure if he's the attorney or not chair yes yes so you can

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promote him okay thank you thank you mr windown's been promoted to panelists so excuse me one moment

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someone has their we're getting feedback from the background so i'm sorry chair that was my daughter

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Oh, it's all right. She's entitled to you once in a while. Okay, thank you. Good afternoon, sir. Please identify yourself, spell your full name.

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Yes, good afternoon, board members. Mark Wendower, attorney for the applicant, M-A-R-K-W-E-N-D-A-U-R.

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Where for him to tell the truth, the whole truth, nothing but the truth?

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I do.

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Thank you, sir. Mr. Plaza?

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yes sir uh you sir uh do you agree to wait the reading of its refusal and stipulate

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to its accuracy i do have you emailed an exhibit packet with the required documents proof of

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ownership proof of tax complying copy of the refusal over for photos and plans five days

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prior to this hearing yes i have have you met with the rco and have a letter yes we have please

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proceed. Thank you. So I've put up on the screen, we're requesting a special exception. This is

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located in Northern Lombardy's 809 North 2nd Street. It happens to be in an overlay that

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requires a special exception for a sit-down eating and drinking establishment. The applicant is

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Uh, the applicant is, uh, seeking to have a, what's called a mochi nut there.

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seeking to have

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It's a, um, mochi donut, uh, franchise.

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That'll be the first one in Pennsylvania.

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So, um, he's been doing some work on that.

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Um, we have the letter, um, on our screen here, moving down, um, taxes are paid on the

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property.

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and here is a plan for the interior at the time of application for the layout and everything like

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that. The contractor is ready to go. Franchise contract has been signed. So it fits right in

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with the Northern Liberties environment. There won't be any issues with parking, won't be a

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change in the neighborhood. Again, this is just a special exception. So overall,

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yeah, it should fit right in with the neighborhood. And I do have with me here Aiden Kim,

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who is the husband of the current owner, and he would be willing to testify to those facts that I

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just run into the record as well uh mr wendower if i'm pronouncing your name right there are a

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number of well let me start by asking uh do the board have any questions of mr wendower no no

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is there anyone else to testify in this case

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just mr aiden kim who is uh the husband of the owner who would yeah i'm that i'm asking if there's

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anyone else outside of it from the community anyone else from Northern Liberties or

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because we have a a list of provisos submitted by Mr. Friedman is Mr. Friedman out there

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I see no hands right now chair

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all right um

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um maybe miss cole you can help me there do you have a copy of the provisos

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i do um you mean the ones that will be enforceable yes i see a couple of them but i'm not sure so

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could we go down trash on premises uh no restaurant in rear yard and venting as shown

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would be enforceable provisos the only reason i asked one of the reasons i asked is one that says

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no rear yard use but the other one said something about uh trash must be kept in sort of within soft

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containers or in the rear of premises which would be the art so that kind of somewhat conflicting

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all right uh let me do this let me ask the planning commission and then i'll get back to

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you Ms. Cole planning commission. Good afternoon Nicole Ozdemir for planning commission staff.

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The proposed special exception will not cause detrimental impacts to the neighborhood beyond

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what normally might be expected for this use. The city planning commission recommends that the board

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grant this special exception. Thank you and Ms. Cole would you go over the three that

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are enforceable again so I have them right yes chair the enforceable provisos are trash stored

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on premises until day of pickup no restaurant use of rear yard and venting as shown in diagram

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m2 stamped today very much so am i excuse me mi 2021-001409 809 north 2nd street my vote is yes

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with the provisos that have just been read into the record by ms cole yes with proviso yes with

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proviso yes with proviso i think that completes the list and the unfinished business on the two

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o'clock list can i ask about number eight 1728 fulsome which was also miss pritzkers

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did i miss that one

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i i apologize i may have skipped over it no that was uh wasn't that weren't they the two cases

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that alan knockinson was talking about seven and eight he had seven and nine eight was smashed

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between them oh okay so my mistake i apologize we'll have to go back to that number eight

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We'll have to go back to that. Number eight. MI 2021-001412, 1728 Folsom Street. Ms. Pritzker. There's a letter of support from the United Francisville Civic Association.

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am i 2020

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she's coming back in as a panelist now chair thank you rebecca for pointing that out my

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apologies everyone miss pritzker i'm sorry i we i jumped over you it's all right no worries

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uh rachel r-a-c-h-a-e-l pritzker p-r-i-t-z-k-e-r 17 1635 market street suite 1600 philadelphia pa

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19-103. Rachel, you agree to waive the reading of its refusal and stipulate to its accuracy?

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Yes. Have you emailed an exhibit packet with the required documents, proof of ownership,

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proof of tax compliance, copy of the refusal or referral, photos and plans five days prior to

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this hearing? Yes. Have you met with the RCO and have a letter? Yes. Thank you. Please proceed.

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Thanks. This is 1728 Folsom Street. The best way to explain this project is by looking at the lots. But I'll go through the refusal really quickly. This is for a lot line relocation from two lots to also two lots to relocate the lot line so that it becomes two more rectangular lots.

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As you'll see in a minute, there's one that's sort of doglegs in the back, and our refusal

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is based on not meeting RM1 standards.

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However, it's going to create more symmetrical rectangular lots than what is currently there.

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Lot one is going to be 1235, and lot two is going to be 975.

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So actually, although lot one is being decreased, lot two is actually going to be increased,

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which will bring them both more in compliance, or at least the second one more in compliance.

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I'm going to show you, here's all the tax clearance, here's the deed.

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So as you can see, this is 1728 Folsom, this is 1724 Folsom. 1724 kind of has this weird

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L shape in the back. All we're looking to do is relocate the lot line so that we create

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two rectangular lots that are more in agreement with what's already on the block. And so that

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1728 has more of a rear yard and that 1724 is just more rectangular. That's all that we're

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looking to do here. Again, this one kind of dog legs, this one kind of dog legs back here. This

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one doesn't have much of a rear yard as a result. They're both already built existing structures.

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one's a single family home and one's a duplex. So we're not building anything. We just are

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relocating the lot line so that we're creating two more evenly spaced properties and sized

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properties. We met with the Francisville RCO. They voted 13 in support, one in opposition. So

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that's all I have. I have Pat Patthija here who is the owner who if we can get him sworn in

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that would be great. Pat can you raise your hand?

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he was there one moment and then he disappeared the next no worries uh rachel being an officer

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the court will stipulate your client would have adopted your testimony okay thank you any questions

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from the board from the board no no no anyone else like to testify in this case if so please raise

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your hand. There's no hands at this time, Chair. Thank you. Planning Commission. Good afternoon.

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Nicole Ozdemir for Planning Commission staff. The comprehensive plan recommends no change to the

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existing multi-family use here. This proposal seeks to improve dimensional lot conditions

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and accordingly we recommend the granting of this variance thank you mi 2021-001-412-1728

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Folsom Street my vote is yes my vote is yes my vote is yes my vote is yes again I apologize

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Rachel let's skip over all good chairman thank you all right any other any unfinished business

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All right. Any other, any unfinished business on the two o'clock list?

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on the two o'clock list.

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None. So a stenographer, I guess everybody can use a break.

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It is now five of four. We'll return five after four, 10 minutes.

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Okay. Thank you everyone.

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Sounds good.

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Thank you.

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.

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Thank you.

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You

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Okay, it's four or five.

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Is our court stenographer back?

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I'm looking for a question.

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Yes, Chair, I am here.

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Is our court stenographer present?

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Yes, sir, I'm here.

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John?

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I'm speaking, and I'm unmuted.

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Frank, you might need to go out.

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I'm thinking we might need to write to the Chair.

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Hello?

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John?

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Can you hear me?

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Yes, we can hear you, John.

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yes chair no one hearing me

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hello

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i hear you frank can anyone hear me i hear you

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i hear you chair i hear you frank

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no one can hear me

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hi

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Tanya

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yes I need you to go out and come back in

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we can hear you but you can't hear me

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okay thank you

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thank you sir

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can you hear me now yes sir we can hear you we hear you can you hear us i still can't hear anyone

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else can you hear me now yes we can yes tanya i wonder if he has his um audio like the mic and all

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set on

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yeah i can't just can't hear us no how about now

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we hear you doing a check i need to check now his mic or speakers are no and everything's open on my

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in nothing's closed hello i hear a baby crying in the background

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can you hear us now chair yes i can okay sorry about that this uh computer's like me today way

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off okay Pauline we're ready to go live you're ready you can go whenever you're ready sir

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thank you and Yvette and Tanya are we ready we are ready we're ready thank you good afternoon

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everyone my name is Frank DiCicco I'm the chair of the zoning board of adjustment

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I'll be participating in today's hearing along with our vice chair excuse me along with our

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Secretary, Mr. Confessor Plaza, and Board Members, Mr. Thomas Holloman and Mr. James Snell.

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Board Administrator, Ms. Yvette Benton, and our Board Attorney, Ms. Rebecca Cole, are also in

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attendance. For those of you who haven't yet participated in one of our virtual hearings,

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I'll go through some of the basics of what you can expect. First, we will be administering oaths

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to individual participants prior to their hearing,

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to their testimony.

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Second, we'd like to advise everyone

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that this proceeding is being recorded

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and that by participating,

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you acknowledge your agreement to be recorded

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and that the recording will be made available

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to the public on the web or otherwise.

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Third, for anyone participating by phone, if you wish to testify, you must raise your hand by hitting star nine and then star six to unmute yourself.

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Third, for anyone participating by phone.

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I'll repeat. For anyone participating by phone, if you wish to testify, you must raise your hand by hitting star nine and then star six to unmute yourself.

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finally to enter an appearance statement call google 267-270-5548 and leave your email address

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