civus
Hearing video

ZBA Hearing - May 22, 2024

Philadelphia Zoning Board of Adjustment (ZBA)May 22, 20244h 46m

Thank you.

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Chair, we have 31 attendees. You can proceed as you wish.

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Thank you. Good morning, everyone. My name is Bill Bergman, and I will be chairing this

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morning's EBA hearings. With me is our Vice Chair Ismail Shahid.

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President, Mr. Chairman.

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Our alternate board member, LeBaron Leonard Palmer from the Division of Development Services.

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Good morning, Mr. Chairman.

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Also here is our attorney, Hilliard Emerson, and our executive director, Tanya Sunkett.

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Proceedings are being recorded.

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With your participation, you agree to be recorded.

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Video will be available by contacting TanyaSunkett at phil.gov.

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For our court stenographer, we ask attorneys and witnesses to identify themselves before testifying.

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If you're participating by phone, press star 9 to raise your hand and star 6 to unmute.

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To enter the appearance statement, call 267-270-5548.

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Leave your email and the address of the property in question.

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And finally, the question box on the screen is not for comments or testimony.

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All comments should be directed to our Executive Director, Tanya Selkin.

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Let's look at our schedule for this morning.

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Okay. Number five, MI 2023-003-159-3942 Wall Street, that case is continued. And number seven, MI 2023-005-273-1525 Spring Garden Street, that case is continued.

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Are there any other requests for continuance?

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Good morning, Mr. Chair.

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This is Jason Hand.

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Good morning, Jason.

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Yes, good morning, sir.

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I'll be your co-host for the session.

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I have a hand up from Ron Alastasio.

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I've allowed them to speak.

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Okay.

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Good morning, Mr. Chair.

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Good morning, counsel.

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Just state your name, please, and spell for the court's phonographer.

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Sure. It's Vern Anastasio, A-N-A-S-T-A-S-I-O, representing Mr. Wilkins-Hayton for 5317 Wayne Avenue.

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

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I do.

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Okay. Hillary, what number is that?

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I see. Okay. So you're number six, MI-2023-003-395, 5317 Wayne Avenue.

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Yes, Mr. Chair.

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And Mr. Alastasia, who did you say you represent?

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Because we have the Kinsman Corporation as the listed owner.

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Yeah, and Mr. Hatton is the sole member of that company.

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Okay, thank you.

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Yep.

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It's my understanding that an application was, an appeal was submitted.

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We'd like to withdraw that appeal.

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We're going to be resubmitting with a lower number of units.

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Thank you.

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So MI-2023-003-395-5317, Wayne Avenue, that case has been withdrawn.

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Thank you, counsel.

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Thank you.

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Is there anyone else relative to a continuance?

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Mr. Chair, I do not see any hands at this time.

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Okay, thank you.

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So we have several cases that do not have exhibits.

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It's number four, MI 2023-003-139, 3713 Haverford Avenue.

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PG Building Group LP is the listed owner.

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This is the second listing.

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We have no exhibits.

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There's no record of an RCO meeting.

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We last had this case on 12-20-23, and no one appeared.

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And we also have T-Amber XL as the listed applicant.

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Okay, Tiamber, Excel.

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Jason, do we see any hands?

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I was getting ready to say, I do not see any hands raised for the matter, and I do not see the person in question in the virtual audience this morning.

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So this is the second listing. No one appeared the first time. So MI 2023-003-139-3713 Haberford Avenue, I vote to dismiss.

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So this is the second listing.

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No one appeared the first time.

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So MI 2023.

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Ishmael Shaheed, my vote is to dismiss.

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My vote is to dismiss.

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Thank you.

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10. MI 2023-007-273-2126 West Erie Avenue. The listed applicant is David Lackner. The listed owners are Lavie Properties, LLC, and Pennsylvania Star Properties. First listing.

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Mr. Chair, I do not see any hands raised for the matter in question.

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Thank you. So MI-2023-007-273-2126 West Erie. Cases continued, Mark, must be heard.

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Number 11, MI-2023-007-280-1384 Narragansett Street.

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Han Dipp and Earl Ross are the listed owner.

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Freeman Kemper, Sturdy Builders Incorporated.

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we see anything jace mr chair i do not see any hands raised for the matter and i do not seem to

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see the people wait a minute mi20 mi 2023 0072 hold on one second oh uh charles richardson had

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his hand up. I believe it was for this case.

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I'll let

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them speak.

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Morning, Mr. Chair and Board.

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Good morning. Just state your name. It's spelled

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for the court stenographer. Charles

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Richardson, R-I-C-H-A-R-D-S-O-N,

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Office of

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Councilwoman Cindy Bass from 508.

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You swear or affirm to tell the truth,

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the whole truth, and nothing but the truth. I do.

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So, number 11,

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1384 Narragansett Street.

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There's been no

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RCO meeting that has taken place

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as yet. The applicants does seem a bit confused with what they need to do. And so we're asking

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for a continuance for them to be able to meet with the community and, you know, see if we can

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get things straightened out with them. Thank you, Mr. Richardson. So MI 2023-007-280-1384

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Narragansi Street, that case has continued. Number 12, MI 2024, 000055, 1329 Levick Street.

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The listed owners are Fred Asia and Zarin Shoray. No exhibits, first listing.

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and mr chair the uh mi number on that one was zero zero zero zero five six just to clarify for

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the record okay i have a hand up sir from bedita cadillo i've allowed them to speak

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the owner i have hold on hold on hold on hold on state your name and spell for the stenographer

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I'm trying to get the camera. Hold on. Can you see me?

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Can you see?

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This case is not ready. Am I correct?

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Yeah, continue. Yes, he's here in case you need to see him.

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I don't think you've been promoted to a panelist, Ms. Cadillo. If you could just have him request the continuance, that would be appreciated. Thank you.

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We send the email already, too. Thank you.

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All right. So MI 2024, 00056, 1329 Levick Street. The case is continued. Mark must be heard.

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And number 15, MI 2024, 000059, 1933 North 24th Street. The applicant, Leroy Wichett, Keystone Property Group is the listed owner. No exhibits, first listing.

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I do not see any hands raised for that matter. So, MI 2024, 0000, 59, 1933, North 24th Street. Cases continued. Marked. Must be heard.

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We're going to go to our add-on list.

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MI 2022, 004, 40.

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MI-2022-004-440-204 North 52nd Street.

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The vote in this matter has been rescheduled to Wednesday, May 29th at 9 a.m.

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Number two, MI-2023-

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Sorry, Mr. Chair, that was 9.30 a.m.

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Just wanted to clarify for the record.

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9.30 a.m.

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Number two, MI 2023-007-025-7001 Tulip Street.

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The vote in this matter has been rescheduled to Wednesday, May 29th at 9.30 a.m.

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We're going to go to our regular list.

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We're going to start with number eight.

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MI 2023-007-038-228 West Tioga Street.

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There's a Spanish interpreter, please.

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Identify yourself.

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The DTO has been allowed to speak, sir.

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Mr. Hand, I don't believe she's our Spanish interpreter.

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That's the owner.

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That's you.

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Okay, yeah.

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She just put her hand on the left.

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Interpreter?

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As of now, I do not see any hands raised from the interpreter for the matter, Mr. Chair.

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Can our Spanish interpreter please raise their hand?

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They were confirmed.

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Again, good morning.

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Please, Spanish interpreter, if you're in the audience, please raise your hand.

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Hillary, we have two cases for this.

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You want to hold it a minute to say maybe they're coming a little later and we can make a call or something?

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Yes.

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No, go ahead, Fatina.

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Go ahead.

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No, I'll go ahead and get in contact and see what's going on.

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because I did receive confirmation share.

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Okay, so let me go to the next case here

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so we can keep it moving.

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I'm sorry, Mr. Chair,

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I have a hand raised for my Joseph Patton.

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Mr. Patton is for one of the cases on the add-on list.

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Mr. Patton, please email your question

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that the vote on the case is not occurring today.

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Thank you.

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Okay, let's do number one while we're waiting to see. MI 2023-002-227-7923 Charles Street. Mikkel and Maretta Jargo are the owners pro se.

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Mikkel will be rejoining as a panelist, sir.

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Good morning.

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Good morning, Your Honor.

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Good morning.

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Good morning, Mikkel.

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Mikkel, are you going to do the testifying?

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Yes.

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I'm his nephew.

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I will be helping him out as his English is not 100%, but he perfectly, you know, he understands and speaks English.

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Hillary, we can't do that, can we?

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No.

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The property owner has to testify.

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If he's in need of interpretation services, we needed that request in advance.

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we can provide that no you can testify yes i can okay okay he needs to give the testimony you can

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sir you can assist him with the technology but you cannot testify i understand okay all right

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good morning good morning sir could you please morning could you guess m-i-k-e-l the last name

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g-j-o-g-u right do you swear or affirm to tell the truth the whole truth is nothing but the truth

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Yes.

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All right.

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So this application is for use as a multifamily household living, three dwelling units in

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an existing detached structure.

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The proposed unit multifamily household living is prohibited in the RSA zoning district.

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The Holmesburg Civic Association is opposed to this project.

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Our vice chair has a few questions for you, sir.

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Yes.

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Good morning, sir.

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Have you emailed in all the required documents and exhibits that is needed?

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Yes, everything. I emailed. Everything is over there.

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And I did last week.

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Again.

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Share your screen.

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Yeah, share the screen. One second.

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you see a green button at the bottom says share screen oh i do see it okay yes sir i do see it

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okay perfect uh share screen yes all right so hold on we we got zoom but we don't see your

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documents yes so the documents are here so i can start with okay all right all right go ahead

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proceed sir all right so this is the refusal notice uh yes no no he's got it yes the owner

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the property owner needs to testify yeah okay this is an excuse yeah all right we see that go

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to the next document we see that this is application for appeal very good thank you go on

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write a project

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information form

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okay

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this is a deed

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yep the deed

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yep

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this is a zoning notice

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the May 3

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I did again

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