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Hearing video

ZBA Hearing - December 4, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Dec 4, 20246h 44m

street so that's what they propose to build um this is the pier itself as you can see as part

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of the construction there is a public park that they moran has built on the northern end of the

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pier that's uh for the public everybody down there urban outfitters all the other employers

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down there they will have access to this park there's the access to the pier this is the

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parking that was clearly included but was not mentioned properly so that's why we have to have

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the refusal. This is where the engineering and operations facility is proposed. And as you can

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see, there is places where the tugboats and barges would berth. Here's another plan just showing what

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the pier looks like. And floor plans. At the ground floor, there's a shop. That's a two-story shop.

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At the first level, there's an engineering room, some workout rooms.

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On the upper floor, there's a large training facility, a conference room, and some other offices and ancillary materials.

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The building will be about 8,000 square feet.

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It will allow Moran to efficiently run its Delaware River and Bay operations, creating the opportunity to bring additional tugboats and jobs to the Port of Philadelphia.

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These jobs pay very well.

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The project, like I said, has the overwhelming support of both the coordinating RCO

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and Council President Johnson, who specifically wrote his strong support for Moran Towing's

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proposed development.

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And it represents a chance to do things like address structural issues and breathe new

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life into the property for much needed upgrades.

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At Exhibit 11, we also have additional letters of support, a prior letter of support from Council President Johnson and a whole list of other.

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And a whole list of other people in the House of Representatives in Harrisburg, Philadelphia Poor Corporation, et cetera.

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So I don't need to go through all of them.

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They're in the exhibits.

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Mr. Matione, could you show the building itself what you're going to build?

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I don't think I don't think we saw that.

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I might have skipped over the there.

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There are the elevations.

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And that's what I was going to get to that, Mr. Chairman.

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Sorry about that.

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But this is what it would look like, north elevation.

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Again, it's at the far southern end of the pier, the south elevation, some additional elevations west and east.

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So that's what it would look like.

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It's a modern engineering and operations building with some office space in it, a dispatch center, a shop.

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The kinds of things that you need to support when you're going to operate a substantial amount of tugboats and barges out of the facility, you need to have it there.

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It makes it much more efficient. Having it at a remote location is difficult.

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You can't see what vessels you have. You can't see the conditions.

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This way you have your eyes and ears right there where all your equipment is at the same time.

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Again, this is an industrial pier and the proposed use, the engineering and operations center to serve the pier.

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is really necessary to properly support the pier and the use.

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It really does mandate that the variance is necessary to be granted.

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The failure would really create a hardship to Moran.

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They spent all this money on this pier, and to not be able to properly operate the vessels out of the pier

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really does constitute a hardship.

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This pier is an industrial pier.

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That's the way it should probably be zoned, but it's not.

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It's zoned CMX-3.

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It's a unique location with unique construction.

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If this was a different type, you could say, yeah, you could put a marina in here.

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but this is not a marina pier. The variance won't alter the area, as you can see from the other

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photos I've shown. There's aircraft carriers and other large vessels already there.

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There's other buildings on other piers right in the same general area. It's, again, necessary to

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properly operate the vessels. It's the minimum variance requested, but you need to have the

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building there, and this is the minimum variance that you need to be able to operate properly.

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It will be in harmony with the zoning code because it promotes the orderly development

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of Pier 1 in its longstanding intended manner. It will benefit with new infrastructure. There's

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new water lines and other utilities being brought in. It's in harmony with the master plan for the

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Navy Yard, which calls for industrial use at this pier, along with the other piers that are all to

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the west, or I'm sorry, to the south. So yeah, when you look at this, there will be no environmental

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damage either. They're adding some environmental things to stop sediment from going into the river.

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So when you look at this, it really requires that this variance be granted so that this pier can be

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used as it's intended to be used for its industrial uses. With that, Mr. Chairman, I would like to call

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Nathan Halzer from Moran Towing. Sure, thank you. Mr. Matioli, what's the name of your client?

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Nathan Halzer, H-A-U-S-E-R.

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Nathan Hauser, if you're in the virtual audience, please raise your hand.

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Nathan Hauser has been unmuted in the last...

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

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Yes, sir. My name is Nathan Hauser, N-A-T-H-A-N-H-A-U-S-E-R.

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

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I do, sir.

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Please proceed, counsel.

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Thank you, Mr. Chairman.

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And Nathan, did you hear my statements?

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I did, Michael.

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Very well done.

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Thank you.

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Thank you.

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Are they true and correct?

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Absolutely, they are.

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And do you adopt them as your testimony?

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I do.

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Mr. Chairman, I have nothing further for Mr. Halzer.

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Questions from the board.

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Questions or comments from our attorney, Hillary Emerson?

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Not at this time, Mr. Chair.

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Questions or comments from the virtual audience?

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Leslie Doha is chair.

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Planning Commission.

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Hello, Amy Board with the Planning Commission.

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One second.

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The comprehensive plan recommends no change to the CMX-3 commercial mixed-use zoning at this location.

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Proposed use is consistent with the property's history of marine-related uses and other nonconforming uses nearby.

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The funding commission recommends that the board grant their request of variance for marine-related industrial use with office and storage space.

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Thank you very much.

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Hillary, we'll hold this.

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Are we going to give it a date?

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Yes, we'll give it a date for one week, Mr. Scher.

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Okay, so 12-11 at 2 p.m.

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And the record will be closed except for the corrected refusal.

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That's right.

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All right.

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Thank you, Mr. Scher.

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Thank you, counsel.

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All right.

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Let's go back to our interpreter.

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Interpreter. Okay, where's he at here?

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Okay, where's he at here?

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And the interpreter is on the line.

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Okay, there you go. Thank you, sir.

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Could you call for your client, please?

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And this is the interpreter speaking. I'm sorry, can I get the client name again?

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Armando Vincente.

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Armando Vicente Belen, si puede entrar a la línea.

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Chair, he's coming back in as a panelist now.

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Interpreter, could you please tell him just to state his name for the record,

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but he's already been sworn in.

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Así que por favor diga su nombre para registro, ya lo han jurado.

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Do you see him?

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i promoted him to panelists chair for some reason he popped back over to attendees i'm

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trying to send him back to a panel thank you thank you

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and can we call the case um and for the court reporter please

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it's a number of this again hillary i got it okay

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MI 2024-005-763-221-Lowdenstreet.

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So this case is MI 2024-005-763-221-WestLowdenstreet.

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Here is showing he is a panelist.

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Armando?

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Armando, ¿está en la línea?

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Sí, está aquí.

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Yes, I'm here.

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Just for the record,

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¿could he please state his name?

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Por favor, diga su nombre entero.

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Armando Vicente Belén.

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Armando Vicente Belén.

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¿Could you ask him

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to share his screen on the computer?

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Ya puede compartir su pantalla

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en la computadora.

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okay

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you asked him is he now on a computer

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So, at the bottom of the screen, there should be a green, here we go.

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Okay.

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So, could you please have him say what he's trying to do?

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Así que, ¿qué es lo que está tratando de hacer?

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Están mirando los planes.

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Dentro de la palabra, ¿qué es lo que está tratando de hacer?

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¿Cuál es su plan?

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¿Cuál es su plan?

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Lo que tú estás haciendo en casa, lo que yo te dije.

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Bueno, el plan es...

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One person speaks.

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Y solamente que una persona hable.

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Sí, lo que pasa es que aquí está la hija mía.

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Que está aquí en mi casa, la hija mía.

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Que me está ayudando a cierta palabra que yo no sé definirla.

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So my daughter is here

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and she's helping me with certain words

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that I need help understanding

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So ask him to say what he's doing

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Así que, ¿cuál es su plan?

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¿Qué es lo que está tratando de hacer?

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Permítame

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Permítame. So, because I was unable to make the payments for the house so that I wouldn't lose the house, I was asking for my daughter to come live with me so she could help pay for the mortgage of the house.

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Does he have photos of the project?

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Tiene fotos de la propiedad o el proyecto.

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Sí.

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Yes.

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why don't we show photos and i'll maybe understand a little bit better

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Why don't we show photos and I'll maybe understand a little bit better.

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are you able to see the screen i can see the screen but i want to see the photos

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he's selling his original drawings the interpreter will clarify

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Yes, I do have them, but I've been having problems uploading them.

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So, we need to see the photos.

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I think this project, I think this project,

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The work has already been done.

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Am I correct?

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El trabajo ya lo hicieron para esta propiedad.

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Sí, está lo que está hecho.

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Yes, it's done.

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We need to see the photos.

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Así que necesitamos ver las fotos.

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And if we, if we, if he has a hard time with the photos,

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we're going to have to continue it.

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and then make a presentation with the photos

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would that be possible because i've been having difficulty

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colt yeah we're going we're going to have to continue the case until he can get the computer

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straight and have everything logged in um uh please tell him that yeah

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he's asking what time

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he will be notified by the staff

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yeah he will be notified by the staff

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of the new date and time for the hearing

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así que se le va a notificar

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por los trabajadores una nueva

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fecha y hora

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and insert

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the pictures that we need to see

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will be of both the outside

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of the property and the inside of the

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property where the work was done

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y las fotos que nosotros vamos a

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tener que ver son las fotos del exterior

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de la propiedad y el interior

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