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Hearing video

ZBA Hearing - September 28, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Sep 28, 20225h 31m

I also have number four, MI-2022-002-822-6701 Rising Sun Avenue, Julio Tuxedo.

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There is no, we have no documents for this project.

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Is Julio available?

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okay chair i'm sorry chair did you ask for someone in reference to that case yes i did

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okay i have someone with the name roger santos well put him on i'll talk to him

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mr santos please unmute yourself and wait for the chair

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mr santos are you involved in 6701 rising sun avenue yes sir okay so we do not have any doc

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exhibits for that this is the first listing the case is going to be continued okay thank you so

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what i would recommend you do is you call the office and they'll help you on what documents

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and how you need to get them to them. Okay. Okay. So Mr. Santos. Yeah. Sorry. This is Hillary. Mr.

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Santos, what is your role in this case? Cause you are not the listed applicant.

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Yes. So my dad is, he's a, I'm a translator for him. I'm the manager for the company.

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Okay. So if your dad, your dad is going, unless he has an attorney, your dad will need to be the

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one that presents. Um, and he will need to let the office know that he needs a translator. We

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We cannot use family members or friends as translators.

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We have to want us to be provided by the board.

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Okay, thank you.

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Okay.

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All right, thank you.

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And number six, MI 2021-004-842-426 East Clearfield.

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Maria Rodriguez is the owner.

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We have no exhibits for that.

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I see no hands, Chair.

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Okay, so that case is continued.

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And also MI-2022-002-908-740-44 South Street, that case is continued.

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Are there any other requests for continuances?

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I see no hands, Chair.

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We're going to go to number one, MI-2022-002-916-1948 East Stella Street.

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sean ward is the attorney letter of support from somerset neighbors for better living

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mr ward is coming back in as a panelist

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good afternoon mr ward good afternoon mr chairman sean ward on behalf of the owner applicant

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Laura Crespo. My name is spelled S-H-A-W-N-W-A-R-D. Office address of 331 East Street Road,

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Trevos, PA, 19053. Thank you. Do you swear, affirm, to tell the truth, the whole truth,

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and nothing but the truth? I most certainly do. Our Vice Chair has a few questions.

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Mr. Ward, do you agree to waive the reading of the refusal and stipulate to its accuracy?

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Yes, I do. Have you emailed the exhibit packet with proof of the ownership

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tax compliance, refusal referral, photos under plans of the property five days in advance of

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this hearing, and have you met with the RCO, and do you have a letter? Yes to all the above.

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That's wonderful. You may proceed and share your screen, which you already have. Okay,

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don't let my 143-page exhibit packet scare you, because it's not going to take that long to get

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through this but i just wanted to document the file in case there was any questions um i do

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represent laura crespo a long-time client and a friend uh her and her husband john uh they

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own the property in 1948 east stella street uh which is the subject of today

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John, you're muted.

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john you're muted

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Okay.

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I'm sorry. I don't know how that happened, but my cursor has been doing cursed things

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for the last half hour. Again, I represent Laura Crespo and her husband John. Laura is the registered

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record owner of 1948 East Seller Street, subject of today's hearing. I've submitted my typical

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exhibit packet, which includes A1 as the notice of refusal. The application was for the documentation

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of an existing five-family dwelling in an existing structure. Obviously, it was refused because the

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use is not permitted in RSA 5, and therefore, we seek a confirmation of a use variance

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for this property. Pardon me. A2 is the ZBA application. A3, project information form.

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A4, proof of ownership. There are numerous deeds attached. The property was transferred several

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times, but from Laura to her and her husband to Laura, but she has been the owner of this property

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since at least 1987, as I see. A5 is proof of tax clearance. A6 is a location map. A7 is the deed

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map. A8 are photographs, subject property, aerial views, street views, posting, and the interior

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apartments. A9 is the RCO letter of support from Somerset Neighbors for Better Living.

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A10, if submitted, I would ask that the district council person's letter be marked as A10.

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I think the most relevant zoning history for the property that the board should be aware of is that the board vanted a variance for 1942 through 52, East Stella Street, for a lot consolidation of two lots into one, for the legalization of 10 apartments, five apartments in 1948 and five apartments in 1950, East Stella Street.

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and contractor's storage, shed, garage in the rear.

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A12 is the zoning map.

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A13 is the aerial photograph.

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So with regard to my brief comments,

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the lot consolidation was never completed.

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I know there was a deed recorded by Mrs. Crespo

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from her to herself for both parcels,

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but it was not a deed of consolidation.

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It was just a deed conveying to herself the same properties she already owned.

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So it remained two properties.

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However, each had five apartments, which have been continuously occupied.

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And the zoning history will show that 1950 East Snellich Street was used as a five-family dwelling since 1933.

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And 1948 East Stella Street has been continuously used as a five apartment unit building since 1946.

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The problem is a rental license for 1948 was incorrectly issued for three units at 1948.

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We don't know how that happened.

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And then trying to correct it, it was near impossible to figure it out, you know, by Ms. Crespo.

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So to confirm the use and correct the rental license, licensing issuance told us we needed a new zoning permit for this property.

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So and I would point out that they are well invested, especially on the 1900 block of East Dollar Street,

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because these are the numerous properties that the Crespos own on that block, maintain, rent, and take care of.

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So in the packet, obviously we have the exhibit packet, the application of appeal, the project information form,

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my transmittal letter to the board filing the appeal, the numerous pages of deeds, you know, showing, you know, here it is, 1942-48.

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so I don't want to waste the board's time. They're in the exhibit packet. If the board has any

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questions with regards to any specific deed, I'd be more than happy to answer, but I think it's

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well established that she's the owner of this property and has been for quite some time.

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The next exhibit obviously is the proof of tax compliance paid through 2022.

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The property is located on East Stella Street.

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Sorry about that.

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Yeah, it's located 1948 East Stella Street.

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It's an adjoining property to 1950-52, and it's located just to the northwest of Emerald Street in the Kensington section.

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and it's located just to the northwest of emerald street in the kensington section

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as you can see the property is approximately 57 feet wide

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fronting on east stella street a google aerial shows the two buildings together the one with

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the tan the red brick in the front is the subject property 1950-52 is to the left

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here's just another picture of the front of the property with the red dot on the front like

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pointed out another shot shown 1950

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my apologies to the board i have i have a green pirate partners meeting carol and there's a

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traffic accident or some police fire emergency right down the street and they can't get here

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But anyway, again, this is a picture of the fence, the posting.

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And then we have some pictures of the interior staircase.

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As you can see, it's got the fire extinguishers, pull stations.

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I'm going crazy.

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All right.

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and then um hillary contacted me and said the board uh is uh you know appreciative of

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interior photos of the uh the units so as you can see these were taken before it was occupied

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but they're their file photos that the crestos keep

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to show prospective tenants what the what the property looks like

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first floor rear

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second floor front

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as you can see these are not new renovations but they are well maintained second floor rear

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and then there's one unit on the third floor

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this is the letter of support from Somerset neighbors there were 25 people attending the

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meeting. There was a final vote of 16 to 1 in support of the application. They were well familiar

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with the property and knew it had been used as such for the longest time. Again, reference to

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the 2003 decision by the zoning board granting the variance for the lot consolidation and confirming

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10 units, five in each. And the zoning history goes on and on and on. There's plenty of,

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here's one uh from 19 wait it looks like oh that looks like oh three as you can see the present

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use was five apartments here i'm sorry we'll go to uh five apartments in 1948 five apartments in

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1950 the proposed use was 10 apartments in the consolidated building again the consolidation

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never occurred. And then I want to go to page 120. As you can see, this is the permit from 1946

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for 1948 East Stella Street. The stamps don't come through on the scan, but you can see it's

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from 11-5-1946. And it was to convert a present three-story dwelling into five apartments.

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uh so the first floor had two apartments second floor had two apartments third floor has one

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exactly as it exists today so unless the board has anything else i don't want to waste your time

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you've been uh diligent all day going through these but here's the zoning map and again my

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typical area do you want to adopt your testimony with your client yes if laura could raise her

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hands she is she is present if if not any in the interest of the judicial economy

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thank you very much i did review everything i did review everything with her so questions from the

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board and mr chair no mr chairman questions or comments from the virtual audience

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I see no handshare.

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Planning Commission.

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Thank you, Mr. Chairman, and good evening.

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David Fecto, City Planning Commission.

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Mr. Chairman, members of the Board, the comprehensive plan recommends no change to the residential single-family zoning at this location.

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Since this is a legalization of a currently nonconforming use of the property and the applicant is not expanding the nonconformity,

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the City Planning Commission recommends the Board grant the use variance.

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Thank you.

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MI 2022, 002916, 1940 East Stella Street.

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I vote yes.

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Harold Tenere, my vote is yes.

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Yes, my vote is yes.

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Thank you, Mr. Ward.

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Thank you, Mr. Ward.

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Thank you.

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Thank you so much. Have a great evening.

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Okay, number three, MI 2021-004-665, 5832 Old York Road.

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Lori Maislin is the attorney.

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Joint meeting by Council Member Bass's office with Area RCOs.

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Council Member Bass

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provided meeting some reform

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right

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the board denied the request

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for special exception

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also received

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a letter of opposition from Council

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Woman Bass attached

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Chair Maslin

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oh sorry Chair

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she's coming back in as a panelist

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thank you

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Ms. Nasling, you have to unmute yourself.

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I did that.

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I always forget to click that one.

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And let me start video there.

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How are you?

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

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Sure.

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It's Lori Hahn Maslin, L-O-R-I-H-A-H-N, and then M-A-S-L-I-N, no hyphen in the last name.

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Okay.

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

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I do.

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Could you identify your client in relationship to the property?

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My clients are Andre Lane, Naheem Mohamed, and Taheem Jackson, and they have a lease with the property owner for 5830 through 32 Old York Road.

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We have provided a copy of the lease as part of the exhibit packet.

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Okay.

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So our vice chair has a few questions.

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Okay.

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Hi. Good evening or good afternoon. Do you agree to waive the reading of the refusal

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and stipulate to its accuracy? Yes. Have you emailed the exhibit packet with proof of ownership,

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tax compliance, a copy of the refusal or referral, photos and or plans of the property five days in

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advance of this hearing, and have you met with the RCO, and do you have a letter? Yes. Okay,

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great you may proceed and begin by sharing your screen okay i think i'm sharing

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um hopefully these will open up and i will not have the same problems as mr levy

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as you can see uh this is a referral unlike most of the cases that you've heard today

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uh this is a referral this we have to you have to open it up it's not opening yes we still see your

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files uh i'm showing it is sharing yes so you have to stop sharing first open the file that

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you want us to see yeah okay that share screen button

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and it should uh give you like a list of documents that's on your screen now just click on the one

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that you want us to see. Okay. And then share screen. Did that do it? Yes. Yes. We're looking

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at the refusal. Excellent. Okay. So it's going to be a little harder, but anyway, um, excuse me.

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Uh, what we have here is a special exception, uh, unlike most of the other cases today,

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which are variances. As a result this is looked at a little differently by the board. Basically

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this is a use, it has been quantified because of the way the zoning code has been written

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as a nightclub or private club. And what this really is, is it's not intended to be a nightclub.

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It is more intended under the designation of nightclubs and private clubs, under the definition as more of a private club or a banquet hall.

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And you will hear from Naim Mohamed, who is waiting to testify, that the purpose of this is to bring the community together to have events.

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This is a property that will never have a liquor license.

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as per the lease and the owner of the property, and I can bring that up, but you have it as part

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of your packet. This property is not for the purposes of having a liquor license. It is not

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for the purpose of having people in and drinking alcohol, you know, just because it's a bar or

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in and drinking alcohol, you know, just because it's a bar or a nightclub and having people

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