civus
Hearing video

ZBA Hearing - December 20, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Dec 20, 20237h 17m

No, Chair.

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Questions or comments from our attorney, Hillary Emerson?

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Yes, Mr. Chair, just a brief comment.

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I believe Ms. Berliger did point out the refusal, only lists a refusal for the personal vehicle at repair and maintenance, but artisan industrial is also prohibited in the RM1 zoning district.

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So if the board just approves that particular use and the requested multifamily, a variance is still needed.

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So I just wanted to clarify that for the record, even though there's only one one refusal listed, there's actually two.

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Thank you. What's what's the second refusal again, Hillary, please?

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The artisan industrial would require a variance. Right. And what else?

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The personal vehicle repair and maintenance would. But the applicant stated they're no longer seeking that one.

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So I just want to be clear for the record that they still need a variance.

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yes because other based on what the refusal says it looks like if they don't do personal vehicle

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repair and maintenance they would no longer need zoning board relief but that is not the case

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zoning board relief but that is not the case that is absolutely correct

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that is absolutely correct

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what questions or comments from the virtual audience

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yes chair we have two hands up well three um maj tory has been allowed to speak first

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i could you state your name please and spell for the court stenographer

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maj to ray first name maj m-a-j last name to ray t-o-u-r-e do you swear a firm to tell the

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truth nothing but the truth yes please proceed um i'm from this community i'm around there very

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often i was raised uh in a brewery well now it's called brewery town area uh i was raised around

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26 and cecil b more um i love that there's there's something that's going to be here that's kind of

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like in relation to um a little bit of small businesses being able to create something there

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I've actually tried that. We print T-shirts. I've actually tried to find locations close to this area and I haven't been able to find any.

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And a lot of times it's a lot easier for, you know, small businesses such as myself and others to have a spot that we can go to in the community.

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I could literally walk to this location and then maybe go across the street.

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There's like a driving range right across the street from there. So my point in saying this is I'm in support of it.

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I know all of the languaging and stuff that's in here.

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I'm not too familiar with all of the languaging,

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but I would love to have something like this in my community where I could

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print, get some stuff done and walk home.

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So thank you for taking the time to call in.

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We appreciate that.

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Who else in the virtual audience?

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Reverend Tyrone Williams has been allowed to speak.

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Hi, Reverend.

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

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Yes, good afternoon, Mr. Chair. My name is Reverend Tyrone Williams, Tyrone, T-Y-R-O-N-E, Williams, W-I-L-L-I-A-M-S. I am the RCO manager for Strawberry Mansion Community Development Corporation.

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They came before us on Zoom on November the 30th.

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At that time, there was lengthy discussion about the nuisances and the trouble that that location has caused with the auto motor piece, the repair, the cars on the pavement.

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As you also notice, it's right next to the John Coltrane house, which there is some plans for that to come in the future.

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And so those cars being on the pavement and that reduces to walking pedestrian traffic, it was an issue.

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And further discussion, everyone did in the meeting vote yes with the proviso that there'd be no automotive, no car wash, no detailing, none of that type of business at this location.

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I can appreciate Mr. Torre's testimony at Strawberry Mansion. It's an upcoming community, and we would like some of our entrepreneur residents have an opportunity to practice their crafts in their community.

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Dislocation would be such a great ideal for that.

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And as I said, if the provisos are met, we have no problem.

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If they're not met, we do have a problem.

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Because if they're granted and the provisos aren't in it, then we can very well go back to what we were fighting for, which is parking on the payments, a possible chop shop.

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I'm not saying that it was, but it was some things going on at that location that was very suspicious.

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So the provisos are very important to stay in place.

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Thank you.

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All right.

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Thank you very much, sir.

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Anyone else in the virtual audience?

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Yes.

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Lastly, it's strawberry mansion community.

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Okay.

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Good morning.

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Good morning.

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How are you?

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I'm good.

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Could you please just state your name for the record?

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is bonita cummings that's b-o-n-i-t-a cummings c-u-m-m-i-n-g-s all right do you swear

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i am an rco oh i know who you are sure do you swear to firm to tell the truth the whole truth

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nothing but the truth i do please i just wanted wanted to get some clarity um the artisan

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manufacturing um designation is that meaning they have to come back um for that variance or

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that being designated today and also just want to because of how this meeting went it was kind of

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But just because of how this meeting went, it was kind of difficult to tell exactly what we basically were approving because we did not want a lot of the automotive.

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It went from non-support to support. And I wanted to just make sure we're not violating any of our overlays with rooftop decks or access and just understanding the, again, the artisan manufacturing.

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Okay. I think the council listed everything that could possibly be done in the artisan industrial.

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And Mr. Chairman, just to be very clear, there's no exterior physical changes to the warehouse building itself.

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There is a component to the residential building next door.

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But as I stated earlier, there were no variances that were generated as a result of that component that fully complies with the provisions of the zoning code.

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So that, I mean, that request happens to be a part of this simply because it's on the same application, but it does not generate any form of variances. And as we have been very clear and will continue to be very clear, the request today fully eliminates all of the automotive uses.

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So if the board is so inclined to grant the artisan industrial use today, that absolutely unequivocally does not allow for any form of automotive use.

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And if there were to be an automotive use on this property, that would be a violation of the zoning code that would subject this owner to enforcement.

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So I just want to make that very, very clear.

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Is that okay?

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Okay.

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Okay, any other comments from the virtual audience?

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I see no hands.

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Planning Commission.

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Thank you, Chair Bergman.

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Sarah Baum with the Philadelphia City Planning Commission.

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I think I understand both what Ms. Emerson and Ms. Verliger were explaining regarding use variances.

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So if I if this if this testimony doesn't if that if I'm missing anything, of course, I'm sure you will let me know a comprehensive plan recommends no change to the existing residential multifamily zoning.

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The proposed use of residential family is consistent with documented prior use of the property and the proposed artisan industrial use will not have detrimental impacts beyond what might reasonably be expected.

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The City Planning Commission recommends that the zoning board grant the variances.

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MI 2023-003-939-1519-27 North 33rd Street, I vote yes for Artisan Industrial and Proviso,

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no personal vehicle repair or maintenance. Mr. Chair, I think we could simplify the

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proviso and just say artisan industrial use only on lot two okay artisan industrial use only on lot

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two james snell my vote is yes with proviso ishmael shahi my vote is yes with proviso thank you

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counsel thank you okay is uh is there anyone in the virtual audience who's the 9 30 case has not

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No hands.

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Thank you, everyone. See everyone at 2 p.m.

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Good afternoon.

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Good afternoon. My name is Bill Bergman, and I will be chairing this afternoon's meeting.

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With me is our Vice Chair, Ismail Shahid.

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Present, Mr. Chairman. Our Board Member, James Snell.

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Present, Mr. Chairman. And LeBaron Lenard Palmer

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from development services will be serving as our board alternate board member board member

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okay also president is hillary emerson our attorney and our executive director tanya sunkett

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here's our format be advised the proceedings are being recorded the video will be available by

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contacting tanya sunkett at phil.gov for the benefit of our course sonographer we ask attorneys

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and witnesses to identify themselves before testifying if you're participating by phone

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and you wish to testify press star nine to raise your hand and star six to unmute to enter an

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appearance statement call 267-270-5548 leave your email and the address of the property in question

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and the question answer box on the screen is not for comments or testimony all comments

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should be directed to our executive director, Tanya Sumpkin.

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Let's look at our schedule for this afternoon.

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Number 11, MI 2023-004-620-308 West Queen Lane, that case is continued.

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Number 11.

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And number 13, MI 2023-001-967-6614 North 13th Street, that case is continued.

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Are there any other requests for continuances?

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Good afternoon, Chair.

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This is Nadia, and I will be your co-host this afternoon.

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I see no hands.

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Okay, thank you very much.

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Let's go to our add-on list.

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Hold on a minute.

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I'm getting my computer set here.

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Okay.

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So number one on our add-on list,

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MI-2022-006-892-2204-2202-204 Lehigh Avenue.

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This is a request for reconsideration.

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Hold on a minute here.

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I vote no to request for reconsideration and rehearing.

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James Snell, my vote is no to the request of reconsideration and rehearing.

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Ishmael Shaheed, my vote is no to request of reconsideration and rehearing.

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Number two, MI 2022-005-928-4829 Haverford Avenue, I vote no.

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James Snell, my vote is no.

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Ishmael Shaheed, my vote is no.

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Number three, MI 2022-006-822-2521 Jefferson Street, I vote yes.

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James Snell, my vote is yes.

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Ishmael Shaheed, my vote is yes.

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We're going to go to our regular list and start with number one, MI2023, 002-921-2018 East Ontario Street.

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Almedio Solis is the owner applicant.

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We have no RCO letter, but there was a meeting held by the Harrogate Civic Association.

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This application is for the use as a two-

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Mr. Chair, we have an interpreter for this case.

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Yes, I'll bring you in one minute.

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Okay.

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Interpreter, please.

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They haven't allowed to speak.

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I, could you state your name, please, and spell for the court stenographer?

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Hello, my name is Stephen, S-T-E-V-E-N, and my last name is Aubain, A-U-B-A-I-N.

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Right.

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

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Yes, I do.

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Okay, so Almeida Solis is the owner applicant.

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Could you please bring her on?

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Or him?

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I see no hands.

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Interpreter, could you please ask them

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to raise their virtual hand?

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Asi que Almeida Solis,

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si puede levantar la mano virtual.

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Presionar el botón de levantar la mano virtual.

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no hands chair

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all right one more time for me please

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chair i've looked through the audience and i don't see anyone with that username

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Thank you very much. So, MI 2023-002-921-2818, Ontario Street. Cases continue. Stephen, thank you very much for getting on. We appreciate it.

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And this interpreter speaking, would you like me to stay on the line or do you want me to disconnect?

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can he just interpret that this case has been continued in case the person was having issues

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raising their hand yes of course so in esta reunión del 2818 calle de ontario este caso

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Este caso ha sido continuado.

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ha sido continuado thank you

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Thank you.

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Thank you.

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I think you're fine to be dismissed.

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Yes, thank you.

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All right, thank you for using our service, Interpreter Disconnect.

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Thank you.

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Thank you very much.

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Okay, we're going to go to case number 16, MI 2023-005-624-2401,

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Pennsylvania Avenue, number 1D-1. Stephanie Boggs of Niagara is the attorney.

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We have a letter of support from the Spring Garden Civic Association with a request.

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Good afternoon. Stephanie McGonig from Claire Harrison, 1835 Margaret Street,

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here on behalf of the applicant. Stephanie, just for the record,

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could you spell your name for the court reporter?

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Sure, Stephanie, S-T-E-P-H-A-N-I-E, last name's Magania, M-A-G-A-G-N-A.

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Right.

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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.

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Just identify your client, please, for the record.

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Sure.

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My client is the Unit Owners Association of the Philadelphia Condominium, 2401 Pennsylvania

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Avenue.

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It is a condominium association.

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And our vice chair has just a few questions for you.

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Good afternoon, counsel. Do you agree to weigh the reading of the refusal or stipulate to

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its accuracy? Yes, I do. But I want to confirm that that is the refusal dated September 18th,

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2023. There was a refusal issued for this project originally on September 8th. It omitted one

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refusal item and the examiner later corrected that. So we'll stipulate to the refusal dated

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SEPTEMBER 18TH. UNDERSTAND. IN OUR SUBMISSION PACKAGE. NO PROBLEM. HAVE YOU EMALED IN ALL THE

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REQUIRED DOCUMENTS AND EXHIBITS THAT IS NEEDED AND REQUIRED TO PROCEED WITH THIS CASE FIVE DAYS IN

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ADVANCE OF THIS HEARING? YES, I HAVE. THANK YOU, COUNCIL. PLEASE PROCEED AND SHARE YOUR SCREEN.

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can you see this um and again as i mentioned we're here today on behalf of the unit owners

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association of the philadelphian condominium this application is proposing new signage for

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the property uh primarily to replace historic signage that had been located along pennsylvania

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avenue their primary building id sign um as well as tenant accessory signage for the commercial

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