civus
Hearing video

ZBA Hearing - May 22, 2024

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

I do. Please proceed. Yes, I'm

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here on behalf of FNA, and we agree with everything that was just discussed.

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fna and we agree with everything that was just discussed especially the

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the wording of the proviso that was very good for our clarification

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thank you very much um anyone else in the first audience

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chair i do not see any further hands for this matter planning commission

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good morning again chair michael gall philadelphia city planning commission

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The comprehensive plan recommends no change to the industrial commercial mixed-use zoning at this location.

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None of the specified grand floor uses occupy at least 40% of the length of the ground floor of the building frontage,

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as is required under the Central Delaware Riverfront Overlay District.

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There are no unique physical conditions of this property that would prevent it from being used in conformance with the zoning code.

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Therefore, the Philadelphia City Planning Commission recommends that the board deny the requested variances

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for fraternal organization, arts, and social club with assembly and entertainment use,

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and for the ground floor area use restrictions uh mr chair just a just a note uh if you look at

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section 145074.7 um we do offer public open space uh enclosed public space and um and uh so and

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throughout you know the pedestrian connection so uh it it does adhere to the spirit of the code

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if not the specific black letter law of the code.

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Thank you.

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So number MI 2024, 00075, 1615 North Del Ravna.

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I vote yes, with proviso.

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Nightclub, public venue, entertainment are prohibited

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and per amended refusal dated 3-18-24.

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Ishmael Shaheen, my vote is yes, with proviso.

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lebaron leonard palma everybody's yes with proviso thank you counsel thank you

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how how's our spanish interpreter

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hello

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okay hold on a second jason did we see the interpreter yet i'm about to call from right

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now, sir. Okay. May the Spanish

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interpreter from earlier today

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please raise your virtual hand

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and wait to be sworn in.

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Spanish interpreter, once again, please raise

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your virtual hand and wait to be sworn

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in.

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Ms. L, did we receive any further confirmation

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regarding the interpreter?

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No, Ms. Emerson.

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unfortunately not and no further answers please sir okay so let me so okay let's see here um

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mi 2023 002 921 2018 east ontario street um almeido soli is the listed owner are they in the audience

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I do not see anyone under that name, but Benita Cadillo has their hand raised again.

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I can allow them to speak if you wish.

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Okay.

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He's here, sir.

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They're here.

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the owner is here

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but he needs an interpreter

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explain to the owner

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that the case is being continued

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because we do not have an interpreter

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would that be for both

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of the Hispanic ones

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yes

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we're going to take them one at a time

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Mr. Chair

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this first case

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there's no exhibits on Ontario

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Street and there's no record

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of an RCO meeting occurring

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Yes, it's sent

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Yes, it is

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I have an email, we sent it

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Last week

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Okay, but you need an interpreter

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It's going to get continued anyway

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Listen to me

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MI 2023-002-921-2018

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East Ontario Street

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The case has been continued

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We're going to go to number

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7 was it?

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No, 8

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Maria Mahaja

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or Epifanso

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and Elise

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we see anybody for

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Let me see anybody for 228 West Tioga Street, MI 2023-007-038.

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No hands except Padilla, Padilla, sir.

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Okay.

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Is your clients, do you represent these people or do you help these people?

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Padilla, please unmute.

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so this case we're very sorry

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one second

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we do not have an interpreter we're very sorry we have to continue this case

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So MI 2023-007-038-228 West Tioga Street, the case has been continued.

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Mr. Chair, I just want to note for the record, when an interpreter is needed for a case, we really need at least a week, if not two, to be able to request and secure that interpreter.

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We do our best on the short-term notice that we've been given recently by many applicants.

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but even you know even if they're confirmed we can't always ensure that interpreter is here so

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just for everyone listening just please note that we need at least a week if not to um advance

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notice that there is an interpreter needed for a case thank you very much thank you just to jump

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in and go along with with hillary it is two weeks not one it's absolutely necessary or we will have

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a continuance like today. Thank you very kindly, Chair. Thank you. Thank you, Tanya. Is there

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anyone in the virtual audience who their 9.30 a.m. case has not been called?

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Do not see any hands. Wait a minute, Mr. Chair. I have a Sean Wright with their hand raised. I can

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allow them to speak if you wish. Sure. Mr. Wright, could you please state your name and spell for

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the stenographer. Wait, I'm sorry. They just put their hand down, and now I have a Charlene

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Brawner with her hand raised. Okay. I'll allow them to speak.

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Hi, Charlene. Yes, hello. Hi, could you state your name, please, and spell for the stenographer?

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My name is Charlene Brawner, S-H-A-R-L-E-A-N, last name Brawner, B-R-A-W-N-E-R.

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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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What case are you interested in, Charlene?

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I'm interested in the case for Tenna Tires, 7715 Ogons Avenue.

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um i believe that case is on the afternoon list yeah i think that's a two o'clock yes

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yeah that case is going to be we're going to hear that it's sometime right after two o'clock okay

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and actually mr chair to clarify we received a request for continuance for that case so

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we don't anticipate it moving forward this afternoon so we're going to wind up continuing

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that case this afternoon we'll make sure you know that when the next case is coming up okay

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Oh, it's not going to be today.

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It's not going to be heard today.

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Okay.

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Well, thank you very much.

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And thank you for contacting us.

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We appreciate it.

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How will I know?

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The same way you were notified this time, you'll be notified.

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Okay?

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

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Yes, we have Sean Wright with her hand raised.

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I haven't got him to speak, sir.

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Okay.

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Good morning.

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could you please state your name and spell for the stenographer uh good morning my name is sean

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c-h-a-w-n my last name is right w-r-i-g-h-t um hold on hold on hold on hold on sure do you swear

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or affirm to tell the truth the whole truth nothing but the truth i do what case are you

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interested in um it it's the same um case for uh it's zp2023013817 with the zoning of uh cmx2

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but we we had to reach out to anthony phillips office so like well what's the location it's the

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same location the it's 10 of tires yes for the 77 15 oguns avenue that case is going to be

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continue this afternoon and so now i'm two yeah and two two things if i if i can interject one

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the property will be posted for the next hearing or it is required to be otherwise it cannot be

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heard second if you entered your appearance today to get into the zoom and indicated you were in

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Second, if you entered your appearance today to get into the Zoom and indicated you were interested in that particular property, you will receive a copy of the hearing notice for the next hearing date.

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Thank you.

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Great. Thank you.

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Thanks.

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Thank you very much.

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Is there anyone else?

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No, no further hints, Mr. Chair.

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Okay.

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See everyone at 2 o'clock.

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Thank you.

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All right, Chair.

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

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meeting. With me is our Vice Chair, President, Mr. Chairman, our Alternative Board Member,

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LeBaron Leonard Palmer from the Division of Development Services.

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Mr. Chairman.

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Thank you. Also present is Hillary Emerson, our attorney, and our Executive Director,

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Tanya Sunken. Here's our virtual format. Proceedings are being recorded. With your

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participation, you agree to be recorded. The video will be available by contacting

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tanyasunken at phil.gov. For our course on offer, we ask attorneys and witnesses to identify

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themselves before testifying. If you're participating by phone, press star nine to

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raise your hand and star six to unmute. To enter an appearance statement, call 267-270-5548.

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Leave your email address 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 Sumpkin.

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Let's take a look at our schedule for this afternoon.

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Number four, MI 2023-007-281-8014 Castravena, the case is continued, attorney moving party.

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Number eight, MI 2024-001-332-5301 Montgomery Avenue. That case is continued.

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Number 12, MI 2024-001-649-7715 Ogons Avenue. That case is continued.

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And number 15, hold on one minute, right with you, case number 15, MI 2024-002-013-1709

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Federal Street, that case is continued. Are there any other requests for continuance?

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Good afternoon, Mr. Chair. This is Jason Hand. Once again, I will be the co-host for the day.

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At present, there are no hands raised. Thank you. And number three, MI 2023-006-847-2644

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North 22nd Street, that case has been withdrawn. We're going to go to our add-on list.

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MI 2023-007-211, 2812 Snodder Avenue. The vote in this matter has been rescheduled to Wednesday,

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May 29th at 9.30 a.m. We're going to go to our regular list, and we're going to start with-

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I'm sorry, Mr. Chair, there was there was an error there. That vote will be at 2 p.m. next week.

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Thank you. So the vote in that matter has been rescheduled to Wednesday, May 29th at 2 p.m.

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Thank you. And we're going to go to number seven.

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MI 2024-001-188-4220

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Holmesburg Avenue

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Franklin Castillo is the applicant

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tenant.

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It's pro se.

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You had the original information on that.

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Where do we stand with this?

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Yes, so we have everything complete on this one. We have a letter of non-opposition from the Holmesburg Civic Association. Mr. Castillo, are you in the audience?

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Hold on. Franklin Castillo, please raise the hold on.

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Okay, Mr. Chair, they have been promoted to panelists. They will be rejoining shortly.

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Thank you.

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Thank you.

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You

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Good afternoon, sir.

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Mr. Castillo, please unmute.

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Franco Castillo, please unmute.

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they may be having a technical wait a minute

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mr castillo

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yes he appeared he's unmuted however he's not responding mr castillo

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he looks like he's unmuted yes sir wait a minute i have a problem with the computer

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mr castillo

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yes mr castillo could you please first of all turn on your video please

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so we can see you

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okay i'm gonna go okay

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start the video okay

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start my video

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I sent you a message to start your video I got started they say this whenever I begin recording

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here we go thank you so mr. right so you're going to be testified we'll get you through

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this testimony do me a favor state your name and spell it for the court stenographer okay

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state your name

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Franklin Castillo

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F-R-A-N-K-L-Y-N

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