civus
Hearing video

ZBA Hearing - December 4, 2024

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

49 is a 2 unit

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2 family

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at 1650

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6 family

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1652

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I only have a few more

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I just pulled some of the easier ones to find

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57 is a 2 family

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um two family at 1660 um a two family approval 1676 i think i might throw one more in there

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and then a three family approval 1665 um there's one two uh there's one more

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and that i found and that was a two family for 1685 so

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And that I found, and that was a two family for 1685. So it's all in the same block. And about half of the ones I showed you are approvals from the more present day that went through the zoning process to get those approvals. The other ones are from, you know, before RSA three existed, at least in the way that it does now.

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uh,

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We included the proposed plans for the property. Those plans call for a two-bedroom, one-bath unit on the first floor, and then a bi-level unit on the second and third floors.

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um like a lot of the properties on this block there will be um legalized living space in this

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third floor here uh it's it's common the properties next to it um each have a living space in that

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in you know the kind of the the peaked um sort of third story there

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uh and that one the second unit will be by level and we'll have uh one two three bedrooms actually

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they have listed as uh four bedrooms um with a kitchen and and a bath uh let's see what else i

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could show our other exhibits included our proof of mailing 137 pieces our

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external photos showing our posters

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worked on in the back they do have a building permit hold that you can see is

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active on Atlas

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and they're waiting

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on the two-unit approval to finish

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it up.

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Indeed.

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And our $0

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tax balance included at the end of the

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packet.

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And finally, we met with Frank for twice.

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We got their approval.

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They asked for some updates in the plans.

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It was really just a labeling issue, but those updates were made and resubmitted.

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They asked as a proviso that we provide escape ladders from the higher floors.

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My clients are willing to do that.

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I know that there's some concern in some neighborhoods about people living above the ground floor and having to get out.

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It's just what it is.

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my client's happy to comply with that

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with that

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I'll ask Mr. Mercado

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if he's on here to adopt

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my testimony

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Ricardo

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there he is

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there she is

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Joe Mercado

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she's been admitted and allowed

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could be john but could you please state your name and spell for the stenographer yes my name

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is john mercado j-o-a-n-m-e-r-c-a-t-o we're a firm to tell the truth the whole truth nothing

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but the truth yes i do please proceed councilman uh mr mercado did you hear my uh testimony just

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now regarding your company's

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property at 1675

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Dyer Street? Yes.

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Was it accurate? And do

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you agree with what I said? Yes.

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Okay. Do you adopt it as your own?

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Yes.

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Sorry. All right.

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Nothing further.

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Questions from the board.

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I'm sorry. Can I

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see the front of this property

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again? Yeah.

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Yeah.

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You want this one or the more further out?

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A little bit further out.

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So yours is the one next to the property that's built out so that there's no porch.

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Okay.

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Yeah.

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All right.

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Mr. McCracken, that's yours right there next to the one with the built out pillars, correct?

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That's correct.

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Gotcha.

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Okay.

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Thank you.

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The question is for the board.

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and your comments from our attorney hillary emerson

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not at this time mr chair questions or comments from the virtual audience

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planning commission amy void with the planning commission the comprehensive plan recommends

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The comprehensive plan recommends no change in zoning at this location from the existing residential single-family RSA 3.

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no change in zoning at this location from the

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Exactly.

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The plan has not shown that there are new conditions or circumstances that would prevent this property from being used in conformance of the zoning code.

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No parking is an existing condition of this property in the surrounding neighborhood.

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The planning commission recommends that the board deny the requested variance for multifamily household living

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and grant the requested variance for no off-street parking.

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M.I. 2024-002-473-1635, Dyer Street. I vote yes.

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Michael Johns, my vote is yes.

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Carol Gaston, my vote is yes.

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Caneta Graham, my vote is yes.

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Tywin, my vote is yes.

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Thank you, and thank you, counsel.

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Is there anyone in the virtual audience whose case has not been called?

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okay so we're going to take a five minute break and then we just have a few cases left

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yes okay there were hands up they went down i see no head okay good so we'll be back in five minutes

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um thank you good afternoon everyone my name is bill bergman and i will be chairing this

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afternoon's hearings. With me is our board member, Cheryl L. Gaston. Present, Mr. Chairman. Our board

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member, Tanetta Graham. Present, Mr. Chairman. Our board member, Michael Johns. Present, Mr. Chairman.

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Our board member, Ty Wynn. Also present is our attorney, Hillary Emerson,

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and our executive director, Ian Haggerty.

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Here's our versatile format. The proceedings are being recorded. With your participation,

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you agree to be recorded. A video will be available by contacting ZBA Executive Director

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at phila.gov. For our court stenographer, we ask attorneys and witnesses to identify themselves

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before testifying. If you're participating by phone, press star 9 to raise your hand

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and star 6 to unmute. To enter an appearance statement, call 267-270-5548. Leave your email

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and the address of the property in question.

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And finally, the question and answer box on the screen

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is not for testimony.

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Any questions should be directed to

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zbaexecutivedirector at philip.gov.

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Let's look at our schedule for this afternoon.

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Number three.

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Number three.

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MI 2024, 000685-2306 North 21st Street.

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That case is continued.

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Number four.

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MI 2024, 00818-3309 North 6th Street.

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That case is continued.

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Number five.

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MI 2024-000-903-534-Walkin Street.

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That case is continued.

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And number eight,

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would number eight, MI 2024-004-729-8030 Frankfurt Avenue,

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Chayeen Duro is the listed applicant,

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and Craig St. Associates, a PennGen part, are the listed owners.

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Would Ms. Duro

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Please come on

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Chinyere Duro has been

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Admitted and allowed to speak

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Could you please state your name and spell

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For the court stenographer

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My name is Chinyere

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Duro

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Could you spell that please

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C-H-I

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N-Y

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E-R-E

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Last name D-U-R-U

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Do you swear or affirm to tell the truth

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The whole truth and nothing but the truth

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Yes I do

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So we received your exhibits

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Too late to process and go through

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So we're going to have to continue your case

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You'll hear from us when the next case is scheduled

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And the next time you have to have everything in

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Within five days prior, okay?

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Okay, I just have issues with the computer

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That's why

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Okay. All right. So we, we, uh, right. But we, we, we did not see,

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received the paperwork as quick as we needed to. Okay. Thank you.

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And Mr. Chair, also for this case, um, it,

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it appears that the property is owned by a company. Um,

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in that case, an attorney is required to present this case to the board.

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Are you aware of that requirement?

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No, I wasn't. It's a sole proprietorship.

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So I thought I could represent myself.

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is that is that what the because the deed just says it's a realty company no

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because the deed just says it's a realty company no it's no it's me it's just me

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okay if you could uh just send me an email and i will see um whether or not we'd be able to move

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move forward or not because normally you would be required to have an attorney but

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with a sole proprietorship you may be able to represent yourself but i need to look more into

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the documents so all right thank you thank you thank you and number two mi2023 005 984 2300

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south third street the listed applicant is robert rocco wise and bridget squilla

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we we still don't have any exhibits for this case

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rocco wise please raise your virtual hand

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he's been abuted in a loud suspicion

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Mr. Weiss could you please state your name and spell for the stenographer

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Rocco Weiss

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R-O-C-C-O

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W-E-I-S-S

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do you swear or affirm to tell the truth

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told truth and nothing but the truth

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yes

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Mr. Weiss we don't have your documents

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I spoke to the

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my architect today

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He like he's been. I haven't spoke to him since this. It's got continued like three or four times.

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Right. Three. You're right. Yeah. He has all the documentation and he asked me what I needed today.

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And he told me like he replied finally. And I was like, OK, maybe he did it.

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So I've been sitting here waiting for my turn, but I guess not.

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So so here's what I think you have to do. I'm going to retain you this one more time.

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You have to get a hold of him well in advance and get your documents.

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you'll hear from us when the next schedule is

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but I mean I'd get the documents right

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now so you have it for the next time

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yeah I try to get in touch

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with him he just doesn't reply

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well if not you think you're gonna have to start looking for

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somebody else but we're gonna

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do it one more time you'll get it

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you'll get a request to come one more time okay

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I did um I did send

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in the uh like

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I sent like 199 letters

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and got it

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right right but I think

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whatever else you need from him please get it or not get everything do it yourself

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okay all right thank you so mi2023 005 894 2300 south third street cases continued mark must be heard

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