civus
Hearing video

ZBA Hearing - November 3, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Nov 3, 20214h 45m

tiffany and sean hogan

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tiffany and sean hogan if you're in the virtual audience can you please raise your hand

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I don't see either hand, Chair.

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Thank you.

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And Tanya and or Sharon, we've not received exhibits for this case?

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I have not.

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No, Chair.

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MI 2021-002419, 832 Judson Street is continued, must be heard.

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Let's go to case number 10. MI 2021-002310. 8652 Dittman Street. Scott and Suzette Stranix. It's a pro se case. Upper Holmesburg Civic Association took no position, but vote sheet shows majority voted in opposition.

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Is Scott and or Suzette Stranix available?

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Chair, we have someone with their hand up, but it's neither one of the names that you stated.

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Okay, if you're here for this case, Dittman Street, please identify yourself and I'll swear you in.

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Mr. Mendoza, you can unmute yourself and wait for the chair.

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Mr. Mendoza, please spell your first and last name, and I'll swear you in.

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Mi nombre es Roberto Mendoza. Vivo en el 43.

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I'm sorry, Chair. Could we pause for just a moment?

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This is time to be Administrator.

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I have an interpreter for this particular case.

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I have promoted Ms. Ilana Frantz, I believe the name is.

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Could she be in first and then be able to interpret?

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Yes, thank you.

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Ms. Ponce, please spell your first and last name, and I'll swear you in.

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Sure.

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It's I-L-A-N-A, last name P-O-N-C-E.

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

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I do.

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Are you representing the applicant?

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I'm sorry, it's here to tell you again.

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This is just the interpreter.

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Right.

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Well, I meant to ask, she's the interpreter for the applicant.

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Is that accurate?

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Yes, could we please just determine first who's the Mendoza that is allowed to speak?

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If you could ask that question, Ms. Ponce.

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Señor Mendoza, señora Mendoza, ¿quién va a ser el que está hablando?

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Mi nombre es Roberto Mendoza.

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Roberto Mendoza will be speaking.

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And could you ask what is his relationship to this application?

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¿Y cuál es su relación con esta aplicación, señor?

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Soy el propietario de la 8652 Dayman Stream.

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Este...

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He is the proprietor of 8652 Dittman Street.

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Excuse me, this is Sharon. What does he mean by proprietor?

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I don't believe that he is shown on the deed. Is he the owner?

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yes did he provide us with a deed showing that he is the owner

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could he share his screen

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to show his application?

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Yes, please.

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Yes.

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I'm sorry.

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He's asking if you guys could promote

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Bedita Khadijo, his expediter.

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No, she can't speak.

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She can share her screen

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if she can't present the case.

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Right.

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Ella puede nada más compartir la pantalla,

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pero no puede presentar el caso.

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this video has been promoted

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ya tiene permiso la señora cabillo

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esta bien

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ok

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her role is only to

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share the screen with the exhibits

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ella nada mas puede

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compartir la pantalla y no hablar

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esta bien

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ok

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lo que me trae aquí hoy es

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para cambiar el uso de dos unidades a tres unidades what brings me here today is to

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change the use ms pons let mr plaza have some questions and you can ask your

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you can ask mr mendoza yes uh was he sworn in mr chan

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uh i'm not sure i don't uh let me yeah i don't think he was yeah i don't think he was thank

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you so miss pons would you ask uh mr mendoza does he swear and affirm to tell the truth the

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whole truth nothing but the truth yes okay and mr plaza has questions for you

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Thank you. Can you ask him if he submitted his documents?

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Can you ask him if he emailed an exhibit packet with the required documents,

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approval of ownership, approval of tax compliance,

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copied the refusal or referral photos in the plan?

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If I dig fire to this here.

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Excuse me, this is Sharon.

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Mr. Plaza, I can confirm that we did receive those.

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As far as the confusion about the ownership, my paralegal mistakenly wrote the grantors as the owner, rather than Mr. Mendoza, who does appear on the deed.

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Thank you. And also, have you met with the RCO and have a letter?

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This is a question.

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Okay. Could you repeat the question, please?

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sure have he met with the rco and have a letter

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but they're not in agreement thank you y'all can proceed okay

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so you're uh mr mendoza now needs to walk us through uh the application and what his purpose

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What brings me here today is to change the use from two units to three units.

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Three units to how many?

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Two units to three units.

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be here to legalize the three units um if it's already three units why would you need to come

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before us for three units this is the interpreter he's stating two to three

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oh two to three yes sorry about that no problem

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Siga, señor, por favor.

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Juntos verán aplicación, apelación, título.

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a hundo verán aplicación apelación título no debo taxes

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for here you'll see the application pictures title i don't know any taxes

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photos planos y el mailing photos plans and the mailing

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I bought this property

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on March 26, 2020.

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At the time of purchase

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it was two units

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with a basement.

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in which I would like to convert

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into one unit.

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As I started fixing up the basement,

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an inspector arrived and told me

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that I could not occupy and place a kitchen in the basement.

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The basement has two entrances on the side and on the back.

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It has a location behind the building to collect the trash.

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Pago quinientos dólares en el año por la basura.

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I pay $500 a year for trash collection.

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Fuimos al RCO, pero ellos no están de acuerdo a legalizar de tres unidades.

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We went to the RCO and they're not in agreement in approving for the three units.

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Yo quiero hacer un estipulado.

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I would like to please, please ask for it to be three units.

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Chair, this is John Kelly, the court reporter. May I interrupt, please?

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Yes, yes, please.

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I am experiencing some intermittent, very short glitches in my feed.

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Would I be allowed to leave and come back in?

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Sure.

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Yeah.

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Let us know when you're back.

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Thank you.

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Yes.

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Please pardon the interruption.

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No worries.

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Ms. Ponce, we'll be back to you in a moment.

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As soon as the court reporter gets back on.

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Thank you.

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Ahorita regresan, que el reportero de la corte tiene que regresar.

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Está bien, gracias.

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Thank you.

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Mr. Chair, this is John Kelly.

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I am back.

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Thank you, John.

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Thank you.

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Thank you.

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Okay.

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Ms. Ponce,

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uh let's see where do we did is your a client i keep saying your client i apologize is mr

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menendez has he completed his testimony yes all right uh questions from the board no mr chairman

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no thank you uh anyone else would like to testify in this case if so 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 morning, Mr. Chairman, members of the board, David Fecto, City Planning Commission.

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The comprehensive plan recommends no change to the existing residential single-family zoning at this location.

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This is a 3,392 square foot lot with an existing structure.

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the existing row home is a long-standing two-unit building there is no unique condition or

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The existing row home is a long-standing two-unit building.

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There is no unique condition.

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circumstance of the lot or structure that would prevent it from continuing to be used as a two-unit

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home the majority of the houses on this block are single families we recommend the board deny the

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requested use variance my 2021 i'm sorry chair this is tanya if i could i just wanted to make

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sure that the interpreter could inform the applicant that the planning commission did

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the recommendation was to deny. Thank you.

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So you're denying my application?

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Well, the board will make that vote right now.

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okay so mi 2021-002-310-8652 ditman street my vote is no professor plaza my vote is no

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thomas halliman my vote is no gain snell my vote is no

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the zoning board voted no

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thank you very kindly for your interpretation

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thank you very much give us a moment

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thank you cheer for your indulgence you can continue

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Thank you. Okay, we're back to case number eight, 6134-46 Wayne Avenue. Mr. Masters, has Ms. Templeton been able to get on?

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I believe that she has, Mr. Chairman.

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Ms. Templeton, if you're out there, please raise your hand, spell your full name, and I'll swear you in.

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Can you hear me now?

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Yes, we can.

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okay great uh nancy templeton n-a-n-c-y-t-e-m-p-l-e-t-o-n

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do you swear or from the top of truth the whole truth nothing but the truth

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i do

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ministers i think you're first up am i correct yes um good morning again mr chair members of the board

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we represent West Central Germantown Neighbors, which is the coordinating RCO in this matter.

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We're here on an appeal against LNI because we believe that a number of variances were missed

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that our expert will testify to in a moment. But in addition, this next point is really because

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of the change of the design of this plan. Originally, the applicant has two lots and

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they were seeking to consolidate them together into one lot. And that would make a very large

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flag lot with a very small 17 foot wide portion that would connect to a public street, Wayne Avenue.

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They chose to revise their plans to not consolidate the two lots and to have the two lots be joined together as a unity of use, which means that they're separate, but that they are together in terms of the unity of use.

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That means that the flag lot is only one portion of this project now, and there's another portion that's a standalone parcel that has no connection to a public street.

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So we'll be talking about both of those features in the reason that LNI has mistakenly issued a refusal and missed a lot of the variances that are needed here.

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I'm going to just go through the resume briefly of my expert, unless the opposing counsel will agree to stipulate that she is, in fact, an expert.

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Any objections, Rachel and Brandon, to stipulating?

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The only thing that we would object to is any testimony from Ms. Templeton about traffic or traffic engineering.

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Her expertise seems to be just in planning.

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So we would just appreciate if she could keep her testimony to what her actual expertise is.

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We're going to go through some of her expertise then because that isn't an acceptable stipulation to us.

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Let's go through and see, then we'll make it the same.

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Okay. Ms. Templeton, can you state your name and your professional affiliation and where you work in the record?

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Okay. Ms. Templeton, can you state your name and

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Yes, Nancy Templeton. I'm an urban planner with CH Planning in Philadelphia.

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And your professional degrees?

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I have a Bachelor of Science in Urban Planning and a Master of City Planning.

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And your licenses?

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I'm certified with the American Institute of Certified Planners and licensed professional

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planner in the state of New Jersey. How many years have you been working in this field?

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25. And as part of your work, what types of expertise are you asked to weigh in on for

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