civus
Hearing video

ZBA Hearing - July 14, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Jul 14, 20216h 15m

Tanya, Fatina, do we need any time?

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Yes, if we could take two minutes.

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They're coming into the room as we speak.

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Let us know.

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To the court reporter, I don't know if you've ever been with us before.

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Maybe you have.

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I apologize.

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I have not.

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Well, sometimes if we get to be long and you need a break, just let us know.

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Okay.

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Don't be embarrassed to let us know.

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Okay.

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Thank you.

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So Carol.

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Yes.

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To your point, Frank is here and visible if you do need to take your, what you asked for.

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Okay.

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Thanks.

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I was just curious.

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Court reporter, what is your name?

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Samantha.

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Samantha?

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Okay.

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Thank you.

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Chair, I apologize, but if I could just make an announcement, please do not raise your

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hand unless requested to.

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If you have questions, please put them in the Q&A, but please do not raise your hand

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at this time. Chair, we are ready to go forward. About 40 attendees. We're ready when you are.

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Thank you. Good morning, everyone. My name is Frank DiCicco. I'm the Chair of the Zoning Board

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of Adjustment. I'll be participating in today's hearing along with our Vice Chair, Ms. Carol

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

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Board Administrator Ms. Fatina L. and our Board Attorney Ms. Sharon Saleta are also in attendance.

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For those of you who haven't yet participated in one of our virtual hearings, I'll go through

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some of the basics of what you can expect. First, we will be administering oaths to individual

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participants prior to their testimony. Second, we'd like to advise everyone that this proceeding

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is being recorded and that by participating you acknowledge your agreement to be recorded and that

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the recording will be made available to the public on the web or otherwise. Third, for anyone

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participating by phone, if you wish to testify, you must raise your hand by hitting star nine

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and then star six to unmute yourself. I'll repeat. For anyone participating by phone,

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If you wish to testify, you must raise your hand by hitting star 9 and then star 6 to unmute yourself.

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Finally, to make an appearance statement, call Google 267-270-5548 and leave your email address and the address of the property at issue.

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I'll repeat that also.

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To enter an appearance statement, call Google 267-270-5548 and leave your email address and address of the property at issue.

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I would also like to remind everyone, please do not attempt to testify in the chat.

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Any questions or comments, please direct them to our board administrator.

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With that, I will read off a list of cases that have been requested to be continued.

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Number seven on our morning list, MI 2020-001-533.

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3-1-1-2 West York Street is being withdrawn.

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MI 2021-001169, 723-27, South 17th Street is being continued.

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Excuse me, Chair, that one was a request by the RCO. If you could call the applicant and

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the representative of the RCO forward before continuing it. Thank you.

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Mr. Mulvihill, and whoever's representing Sosnit, please raise your hand.

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Mr. Mulvihill, and whoever's representing Sosnit, please raise your hand.

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Mr. Mulvihill is coming in as a panelist.

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Good morning, Chairman, members of the board.

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Leo Mulvihill for the applicant.

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We're firm to tell the truth, the whole truth, nothing but the truth.

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I do.

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Leo, would you please spell your last name for the reporter?

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Yes, M as in Michael, UL, V as in Victor, I-H-I-L-L.

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We have Nicole.

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Nicole, you can unmute yourself and be sworn in by the chair.

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Hi, this is Nicole Kodanker.

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Last name is K-O-E as in Edward, D as in David, Y-K-E-R.

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We're here to tell the truth, the whole truth, nothing but the truth?

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Yes.

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I do.

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Sir Sassana is making a request for continuance.

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Yes.

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Mr. Mulvihill, are you in disagreement with that?

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Members of the board, we would be asking that this be a hear and hold for this project.

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There were some requests made by SOSNA for some aesthetic changes which we have made.

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We've now gone back to their architectural review committee and are scheduled to appear in front of them in August for their community meeting to present this project for a second time.

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would this be a resumption or would it be um well let me ask the rco representative would

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you be willing to have this held only for a hearing at which the um your new letter of

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your recommendation letter would be read into the record before the board votes in other words there

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would be no testimony um sure okay in that case then it would be sort of a modified resumption

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hearing you will hold it for the letter to be read into the record and the record would otherwise

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be closed okay so that will we'll hear that and uh we'll do exactly what you just uh suggested

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sharon thank you so so to clarify sorry the we currently have this project on our august 18th

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zoning agenda for a community vote because no vote was taken at our previous meeting so we

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weren't able to write an actual letter of recommendation other than a continuance

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we will be going we'll go forward with the hearing today okay and then we will only hear correct me

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from wrong Sharon will only deal with the issue of the letter yes we will schedule a specific date

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after August 18th for the board to resume the hearing strictly for reading your new letter

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into the record and then they will vote okay great hey Nicole does that work for you yes

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Okay, thank you. All right. And the other request for continuance was for MI 2020-002812, 830 East Thayer, T-H-A-Y-E-R Street.

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Actually, Chair, that was not a request for a continuance. It's one where we did not receive each.

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i'm sorry it was originally requested to be continued by councilwoman sanchez

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right and that was in march and then you continued it to today

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we had no we didn't get exhibits until monday right so that case will be continued

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was not the exhibits were not submitted in a timely manner that case will be continued

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Is there anyone who objects to any of the continuances or withdrawal that have just been read into the record?

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If so, please raise your hand.

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Only if you object to those cases that we just read into the record as being continued or withdrawn.

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Chair, we have Franz Pierre that I'm muting.

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Good morning, Mr. Chairman. Can everyone hear me?

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Yes, sir.

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Wonderful.

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And good morning, fellow board members.

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My name is Franz Pierre, legislative aide,

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Councilmember Johnson's office.

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First name, that's F-R-A-N-T-Z.

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Last name, Pierre.

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That's P-I-E-R-R-E.

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Where is for him to tell the truth, the whole truth,

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nothing but the truth?

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I certainly do.

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May I proceed?

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Yes.

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Wonderful.

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So this is in regards to the Sazna continuance. If that's okay with Nicole and Sazna's board to go ahead and do the hear and hold, then we'll go ahead and support that. But I do urge that the continuance stand simply because

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um that uh the continuance stand simply because uh there may be uh just uh a lack of notice for

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near neighbors um who may not be expecting uh to testify today or weren't at the meeting today

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um so uh i just want to put that out there um and and just simply state that we do support

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uh sasna for the hearing hold however i do think that there may be community members that aren't

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aware that it will be a hearing hold and to close that record i just have um some reservations in

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regards to uh the community giving output uh for the appeal understood uh but notification will

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still be required correct Sharon um well actually the neighbors had notification today there was

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nothing official that went out from the board saying that the hearing would be continued

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so if there are neighbors present they'll be able to testify today yes that'll be part of the record

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and just to um piggyback on that chair there will be no notifications for resumption hearing

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Thank you. All right, Mr. Pierre, so testimony will be taken today by those who from Sassen who

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wish to testify. Mr. Pierre, would you like the record, though, to be open for a letter from your

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office as well? Yes, that would be lovely. Thank you. Okay, I'm good. Thank you. Thank you for

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all right any any other anyone else chair we have michael michael you've been unmuted

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please unmute yourself and wait for the chair

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yes good morning everyone can everyone hear me okay yes please identify yourself spell your

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spell your name for the record name is michael zachroff last name zulu alpha kilo romeo oscar

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foxtrot foxtrot we're a firm to tell the truth the whole truth nothing but the truth yes i do

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yes so i am a neighbor actually since everyone was just talking about this i am a neighbor

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in relation to um the 723 and 727 chadwick street and we and i am also

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So 723 what?

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723 to 727 Chadwick Street for the property.

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South 17th, do you mean?

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Yes.

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You said Chadwick.

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Well, the home, what we were just talking about were the homes on Chadwick, I presume.

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South 17th Street.

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Correct.

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There's a difference between Chadwick and South 17th.

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There's a difference on Chadwick that Leo was just addressing and that everyone was just talking about.

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down 17th street okay then i apologize i'm i'm just talking about chadwick street we don't have

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anything on our schedule for chadwick today at least not on the morning list let's correct me

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if i'm wrong someone sure to chico uh sorry to interrupt the uh appeal is for through lots that

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face both 17th and chadwick so i think this figure is referring to the same case okay okay all right

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Thank you. Thank you for clearing that up. Thank you. I'm sorry, Mr. Zakra.

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No, I'm sorry too. This is my first time attending this. So I am, I myself and many neighbors around

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these surrounding properties. We are in the process of acquiring, acquiring legal and

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another council. So we just received this letter from the builder's attorney five days ago,

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and it really wasn't enough ample time for anything so I'm also just requesting it to be

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extended as well. Okay so noted thank you. Thank you. Anyone else disagree with any of the

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continuances that have just been read into the record? Please raise your hand. Chair we have

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Kush Petaway. Oh they just lowered their hand there's no more handshare. Okay at this time I

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will ask does anyone would anyone like to request a continuance or withdrawal for the 930 list

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if so please raise your hand only if you're requesting a continuance or withdrawal

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okay we have brandon brandon you've been unmuted please wait for the

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brandon saverin yes hello mr chair good morning please identify yourself for the record

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Hi, my name is Brandon Saverin. Last name is spelled S as in Sam, A, V as in Victor, R-A-N.

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I'm an attorney with Pritzker Law Group. I'm essentially subbing in here for Rachel Pritzker to request.

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I'm an attorney with Pritzker Law Group. I'm essentially subbing in here for Rachel.

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

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Yes, I do. Sorry.

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Thank you.

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Please proceed.

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We're just here to request a continuance for 2442 North 20th Street.

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Our client is the applicant and is still in the process of trying to work on things with the community.

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He has spent the last couple months meeting with near neighbors directly, as they did not turn out to the scheduled RCO meeting.

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He is an out-of-town gentleman who is coming in next week and is hoping to meet with the RCO board in person.

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So this would allow him time to do that and then hopefully come back for a continued hearing.

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Thank you. Is there any objection to the continuance of MI 2020-002-957-2442 North 20th Street?

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Chair, can I add one comment that Mr. Saverin, you submitted revised plans at a proviso plans

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form this morning. If this is continued, I would ask that you be in touch with me

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in order for us to determine whether this requires an amended application.

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Oh, absolutely, Ms. Saleta. I'll follow up with an email to you.

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Thank you.

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Okay, anyone else? Anyone else requesting a continuance or withdrawal?

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Chair, we have Sloan. I'm sorry.

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We have Sloan Folks. Mr. Folks, you may unmute yourself and wait for the chair, please.

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Good morning, Mr. Folks. Please identify yourself and I swear you in.

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good morning chairman chico and zba board my name is sloan folks s-l-o-a-n-e-f-s and fire

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o-l-k-f-s representing the office of councilman maria quinones sanchez room 508 city hall

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we're firm to tell the truth the whole truth nothing but the truth yes sir i do thank you

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sir please proceed i am speaking in regards to meeting number mi2020-0015685039 birth street

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um we do not have a record of a uh rco meeting and we reached out to the rco i'm sorry that's

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not true we have an rco letter that's requesting a continuance on this particular uh project and

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I wanted to know if the applicant was available and agree with this continuance.

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Mr. Ward, I believe Mr. Sean Ward is representing the clients for 5039 Worth Street.

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That is correct, Mr. Chairman. Good morning.

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Good morning. Please identify yourself. I'll swear you in.

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Dawn Ward, on behalf of the applicant, is a request from the Councilwoman's office that this case be continued?

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Mr. Chairman, we met originally with the Frankfurt Neighbor Advisory Committee on March 4th of 2021,

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where we gave a full presentation to the Zoning Committee regarding this project.

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At the conclusion of that meeting, they raised an issue because the applicant's true intention was personal storage in a garage to be built on the property.

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Unfortunately, the expediter put storage of equipment and materials on the application.

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So at their request, we continued this case at the last listing in order to amend the application.

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So we were able to amend the application with leave to amend to reflect personal storage accessory to a residential dwelling.

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That revised refusal was presented to Frankfurt neighbors over a month, maybe a month and a half ago.

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Last week, when I contacted them for an updated RCO letter, they indicated that we would need to meet again,

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which I see no reason to meet again because nothing has changed other than the wording

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