civus
Hearing video

ZBA Hearing - September 13, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Sep 13, 20234h 57m

And Mr. Snell and Mr. Holloman, if you could turn on your cameras as well, that would be

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great. Thank you. Mr. Holloman, your audio sounds great this morning.

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Thank you very much. I hope it continues to be that way.

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okay chair we have 41 attendees we can proceed as you wish thank you

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good morning my name is bill bergman and i will be chairing this morning zba hearings

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with me is our vice chair ismail shaheed present mr chairman our board member thomas holliman

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Present, Mr. Chairman.

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And our board member, James Snell.

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Present, Chair.

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Thank you.

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Also present is Hillary Emerson, our attorney, and our executive director, Tanya Sunkett.

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Here's our virtual format.

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Be advised, the proceedings are being recorded.

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The video will be available by contacting tanyasunkett at phila.gov.

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For the benefit of our court stenographer, we ask attorneys and witnesses to identify themselves before testify.

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

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To enter an 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 and answer box on the screen is now for comments or testimony.

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

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Let's look at the schedule for this morning's meeting.

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Number five, MI 2022-005-928-4829 Haverford Avenue.

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That case is continued.

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Number nine, MI 2023-001-046-12066 Abbey Road.

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Vern Anastasio is the attorney.

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I understand there's a request for continuance.

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Mr. Anastasio.

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Good morning, Mr. Chair. This is Jason Hand. I will be your host today. Mr. Anastasio has been about to speak.

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Thank you. Good morning, Mr. Anastasio. Could you state your name and spell, please, for our court sonographer?

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Good morning, Mr. Chair. Vern Anastasio, V-E-R-N. Last name is A-N-A-S-T-A-S-I-O.

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

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I do, sir.

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I understand you requesting a continuance for this case?

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I am. I've been recently retained, like last week, by Evelyn Barrera, who is the owner, applicant, and I need to equate myself with the case before we can move forward.

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Okay, thank you. So MI 2023-001-046-12066 Abbey Road. Cases continued. Mark must be tried.

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Thank you, Mr. Chair.

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Thank you.

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Number 12, MI 2021-004-460-1508 West Nidro Avenue.

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Yolaine Leon is the owner applicant.

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I understand this is a request for continuance.

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Yolaine Leon.

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Yolaine Leon, if you are in the virtual audience, please raise your virtual hand and wait to

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be sworn in.

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They've been allowed to speak.

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

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Yolaine Leon.

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Could you spell your name, please?

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Yolaine, Leon, Y-O-L-A-I-N-E, Leon, L-E-O-N.

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Right.

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Do you swear for him to tell the truth, the whole truth, and nothing but the truth?

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Yes.

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I understand you're requesting a continuance.

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Yes.

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Okay.

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So this case is the fourth listing.

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This will be the last continuance.

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This case must be heard the next time.

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So MI 2021-004-460-1508-WestNedro. Cases continued. Mark must be tried. Thank you.

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thank you thank you number 13. mi 2023 000 489 4400 north a street this case is continued number

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Thank you.

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Number 13.

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14 MI 2023 000 499 536 Green Lane. Case has continued. Number 15 MI 2022 001 765 163 to 71

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West Wyoming Avenue. Joseph Consul is the attorney. I understand he may have a request for continuance.

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Mr. Consul

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They've been allowed to speak, sir

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Mr. Consul, could you state your name, please, and spell for the court stenographer

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Good morning, Joseph Consul, J-O-S-E-P-H

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Last name Consul, C-O-N-S-O-L-E

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You swear a 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 requesting a continuance for this case, sir?

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I am, Chair

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Could you give us a reason why?

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Yes, we met with the RCO once

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There were some issues. I believe my client was working with them to try to address them. I hadn't heard from him for months. I got into conference with the councilman's representative recently about this, and he wanted to, because the church has a lot of positive energy in the community, he wanted to intervene and try to help come to something satisfactory here.

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I said I would ask for one more continuance.

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That was probably the best I could do.

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So MI 2022-001-765-163, the 71 West Wyoming Avenue.

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Cases continue, and work must be tried.

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Thank you.

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Number 16, MI 2023-002-171, 1359 Creasy Street.

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Jennifer Jordan is the owner applicant.

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I understand there may be a request for continuance. Jennifer Jordan.

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Yes, that's me.

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

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I'm Jennifer Jordan, J-E-N-N-I-F-E-R, last name J-O-R-D-A-N.

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Right. Do you swear for him to tell the truth, the whole truth, and nothing but the truth?

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I do.

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I understand you have a request for continuance?

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Yes, please.

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Could you please give us the reason why?

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I am requesting, my first application had to do with getting zoned for, and a permit for short-term rental.

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However, I was worried that this wouldn't happen in time and where I would be denied and not able to make my rent during, or excuse me, mortgage during that time.

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So I switched to long-term rental instead of short-term.

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And I have had a short, a long-term tenant in there with the proper licensing, of course, and they renewed. So I, I don't have the need for short-term rental. However, I already paid and did all of the requirements except this hearing part. So I'd like to push it back for me to get hurt at a later date.

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Okay, so MI 2022, 002-171-1359 Cressy Street.

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This case continued, but must be tried the next time.

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Thank you.

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Thank you.

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And number 17, MI 2022, 001-943-3116 North 16th Street.

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Jeffrey Young is the attorney.

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I understand this may be a request for continuance.

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Mr. Young.

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Yes, good morning, Mr. Chair.

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I'm trying to get my video working here, but yes, we are.

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My name is Jeffrey Young, attorney for the applicant for 3116 North 16th Street.

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We are requesting a payment.

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Sure.

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Mr. Young, just for the record, can you spell your name for the court stenographer?

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Yes, J-E-F-F-E-R-Y-Y-O-U-N-G.

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Right. Do you swear a firm to tell the truth, the whole truth, nothing but the truth?

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Yes.

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Mr. Young, this case is just the third listing. The next one, it must be heard, okay?

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Yes, Mr. Chair. Thank you so much.

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Sure. So MI 2022-001-943-3113 North 16th Street. Case is continued. Mark must be tried. Thank you.

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let's go here back up um let's go to our add-ons

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um let's go to our add-ons mi2022-001-058-332 excuse me mr chair this is hillary can we just

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make sure there are no other um requests for continuance okay is there any other requests

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for continuances in the audience mr chair i have darlene pete with her hand raised i have allowed

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him to speak good morning mr chair counsel could you state your name please and spell for the court

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stenographer my name is darlene threet d-a-r-l-e-n-e threet t as in thomas h-r-e-a-t-t right

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do you do you swear for him to tell the truth the whole truth and nothing but the truth

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i do proceed mr chairman i represent uh zoning application zp 2022 10 86 98 1610 margaret street

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commissioner i have been unable to schedule the uh civic association meeting this is my

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second request for continuance um i would appreciate excuse me mr i think that's the

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wrong location yes that no that's so that case is on the 330 list so call in on the 330 yes calling

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at 330 and make the request that oh i apologize okay that's okay all right thank you is there

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any other requests for continuance i do not see any hands at this time sir we're going to go to

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our add-on list, MI 2022, 001-058-332 Delancey Street. At the request of the parties, the vote

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in this matter has been rescheduled to Wednesday, September 27th at 9.30 a.m. We're going to go to

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our regular list. Number one, MI 2022, 005-552-36 East Coulter Street. Anwar Wright is the owner

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applicant pro se. There's a letter of opposition from Faith CDC coordinating RCO. There's a letter

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of opposition from Solo Germantown with some enforceable proviso should the board grant it.

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i am why right

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mr chair they will be returning as a panelist shortly okay all right

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Mr. Wright, please unmute and wait to be sworn in.

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Well, good morning, Mr. Wright.

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

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Good morning, Mr. Chair.

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My name is Anwar Wright, A-N-W-A-R-W-R-I-G-H-T.

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Do you swear for him to tell the truth, the whole truth, and nothing but the truth?

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Yes.

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Could you turn your video on, please?

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One second.

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Can't get my video. One second.

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Oh, it's not my video.

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seems like i'm having difficulty starting this camera right this is what i'm going to do i'm

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going to go on to the next case i'll come back to you in about a half hour see if you can get that

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straight okay definitely thank you thank you we're going to go to number eight

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mi 2023 001 264 314 winona street sarin andy kim are the owners pro se

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Okay.

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they have been promoted to panelists they will be rejoining shortly sir thank you

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good morning good morning mr kim could you state your name please and spell for the court stenographer

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Andy Kim, A-N-D-Y, Kim K-I-M.

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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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I do.

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So this application is for the erection of a one-story addition to a single-family existing semi-detached structure, size and location, and shown in plans.

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Where a side wall does not meet a required side yard requirement, horizontal extension of that wall into a front yard, rear yard, or side yard is an increase in a specific non-conforming conformity and is not permitted. The required side yard, whereas is four feet, seven inches, is being proposed, the width is eight feet.

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um the required open area is 50 whereas the proposed is 40 the required rear yard is 15

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feet whereas the proposed rear yard is 12 feet 11 inches our vice chair has just a few questions

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for you mr kim okay good morning mr kim have you emailed in all the required documents and

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exhibits that are needed and required to proceed with this case five days in advance of this hearing

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yes we have done thank you please please proceed and share your screen

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are you able to see we we see that sir okay so um 2019 we uh moved to 314 winona street and we

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have um we had asked the builders to build this um edition and uh i didn't know uh basically they

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built it very quickly and i was under the impression they would have pulled the permits

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so basically the edition was built we moved in then there was the pandemic and it took a while

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to figure things out and we really would like uh we're hoping to get this approved um

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basically we're trying to legalize something that was built without a permit and uh we uh we had

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requested the help of well first of all i had to find a new contractor um and he helped us by

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referring us to Quest Design Services.

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They've helped us in the whole process.

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We met with the RCO, the Corning RCO,

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and they all approved this.

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And so we are, yeah, we are hoping that

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for a favorable decision.

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Would you like me to go through the paper?

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So why don't you, I mean, just to make it more simple, could you go to the RCO letter, please?

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That's your notification of the meetings. Okay.

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That's your mailing.

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you're posting

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there's letters from neighbors right yes letters from neighbors uh sorry i'm trying to

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okay that's that's fine take your time this is your deed

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there it is here solo solo germantown okay yes i go back and show his pictures of what

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what what you have there um okay uh hold on let me see where the pictures oops

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i saw you go by it a couple of minutes ago

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where are we

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so there's there's uh there's one

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here here's the the side of it yep yep yep right and that's the back that's the other side okay yes

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Yes.

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okay

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Okay.

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All right.

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Questions from the board?

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No, Mr. Chairman.

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No, Chair.

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Questions or comments from the virtual audience?

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Mr. Chair, I have Charles Richardson with the hand raised.

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I have a lot of them to speak at this time.

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Good morning, Mr. Chair.

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