civus
Hearing video

ZBA Hearing - April 30, 2025

Philadelphia Zoning Board of Adjustment (ZBA)Apr 30, 20257h 43m

um council we're going to uh we're going to hold this till next wednesday we'll vote at 9 30 a.m

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and we'll view it in executive session and we'll make sure we get it at a vote

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understood all right thank you very much chairman all right mr council

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M.I. 2024-007-318-1334-East-Peshon-Gavin.

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Mr. Consul is the attorney.

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Mr. Consul, I believe you've already been sworn.

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Could you identify your client and relationship to the property?

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Yes.

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My client is PH Rentals, LLC.

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I've got John Holt, one of the owners of the company.

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with all right and i understand that there's a letter of opposition professional square

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civic association a letter of opposition to the council member squilla and there's a community

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letter of non-opposition so our vice chair has a few questions good morning council do you agree

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the way to read another refusal or stipulate towards accuracy i do have you emailed in all

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the required documents and exhibits as needed and required to proceed with this case i have

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thank you please proceed good morning board joseph consul for ph rentals 1334 east paschionk avenue

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ph rentals is owned by john holt and gabe plaguey both are in the audience today

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prior to the city shutting down visitor accommodation properties mr holt's company

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had five properties that were purchased and furnished by his company and operated successfully

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for a few years prior to them being shut down. We've been in front of the board for the first

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four. This is the final property that they are needing to legalize, having been purchased

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prior to the shutdown. I'm going to share my screen now.

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All right. So this is 1334 East Pass Yonk Avenue. This block is the block of East Pass Yonk Avenue that comes up from the Acme and the CVS.

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There is a wide range of uses on this block. There is a popular brewery, an art gallery, at least two beauty salons, a bike shop, single family homes, and many multifamily properties.

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uh i'll just real quick go down the list of the ones that i i found quickly 1324 1332

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1334 which is our property it uh while being zoned currently is rsa5 it has been a legal

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three unit building since 2008 when that was a buy right thing the rental license

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is active and has been since that time 1338 is a three-unit building 1337 1339 1347

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and 1335 uh so this um like a lot of east passion gav is a combination of a lot of different uh uses

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Here's our proof of mailing, exterior photos, showing the bin, here's interior photos showing

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their furnishings as with all the properties we've presented on behalf of my clients.

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They have very nicely furnished these properties at great expense to their company.

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We've included a layout of all three of the floors.

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As mentioned, these are previously approved three units.

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Each one's a bedroom, a living room, a kitchen, and a bathroom, as well as a dedicated laundry space.

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as well as a dedicated laundry space here is their old listing showing they have a perfect

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score for this property 5.0 a couple of other photos and more information about the

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listing some of the good reviews included on there

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gabriel is the super host he's in the room um as mentioned

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we uh went in front of the passion square civic and um it appeared uh to be or they made it clear

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that their policy was not to approve these they vote they had the community vote uh and there

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were near neighbors um involved and there was no uh no down votes it was an eight to zero

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community vote and so it was um a little disappointing when we got their um letter

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of opposition uh again we believe this is a strict across the board denial of these kinds

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of requests and um we're hopeful similar to um another of our properties that the fact that my

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clients have operated successfully prior to being shut down um and have had no specific um knocks

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against them um by by anyone that the the board or the rco had nothing specific to say against

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this property was just a blanket opposition. Some RCOs, you win the community vote and they

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vote with you, but this is not what happened here. Their tax clearance, we submitted two

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neighbors who live within the bounds of Passion Square Civic. Their letters of support

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were uploaded I believe yesterday and included today. We also included in this packet

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my client's operational policies. We've been through this manual before but I understand

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there is a neighbor on the call that perhaps we haven't spoken to yet. My clients have a very

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strict and thorough process with which they manage these properties. I'm going to call him

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basically to talk about trash disposal and safety for this specific property in a second, but we

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have and have available my client's operating manual that dictates how they run their properties.

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And as we noted, they've done so successfully for many years for many properties.

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um with that i'll call my client mr john holt to uh good morning good morning sir could you

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please state your name as belford stock sure jonathan holt j-o-n-a-t-h-a-n holt h-o-l-t

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he swear or affirm to tell the truth the whole truth nothing but the truth yes i do please

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proceed counsel good morning mr holt did you hear my testimony just now regarding

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your company's property at 1334 East Pass Yonk Avenue?

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Yes, I did.

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Do you agree with what I said and do you adopt it as your own?

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Yes, I do.

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For the benefit of the board and anyone in the virtual audience,

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would you first speak about how your company handles bookings

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and safety concerns at this property?

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Sure. Bookings, you know, we understand that with Airbnbs,

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there's a lot of concerns with parties, that kind of thing. We have a lot in place to prevent

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any of that from ever happening. Starting with when the guests reach out to us, we only allow

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people over the age of 25 to book. We do advertise towards families. We stock all our units with

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things like baby monitors, cribs, to really advertise to a clientele that's not going to

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be bringing a party in, anything like that. We also collect IDs, do background checks,

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things of that nature, and have minimum night stays because most of the time, the people

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that are booking for a party are trying to do a one-night stay. Unfortunately, they're

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also local residents, so we can vet them and fill that out and eliminate any issues before

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they happen. We also include in our units some safety measures like noise monitoring system

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called a minute device that doesn't record or anything in the units. It just kind of monitors

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decibel levels. We have it set to 75 decibels, which is the, you know, the basically

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uh decibels which is the you know the um basically equivalent to a vacuum so anytime like our cleaners

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go off and they run the vacuum we'll hear it but you know that's a good way for us to prevent

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you know any issues or people getting louder at night um so anytime the noise gets above that

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decibel reading it'll send not only the guest a message immediately to to have them you know you

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know respect the quiet hours but also to us so then we can enforce that as well okay um and then

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finally would you discuss the um trash disposal specific to this property yes uh trash disposal

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we have multiple markings throughout the property as well as uh the information they receive once

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they book when trash is the rules of the trash when to put it out the night before trash day

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not before 5 p.m. Besides, so if they're staying at the property during that trash time, they know

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to bring it down. If there is no guest there, then, you know, our cleaners, once they clean the

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property, they'll be able to bring it down for us at the appropriate time. We also have

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maintenance men that do that as well. Okay. And finally, do you, are you and your partner local

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and do you manage these properties yourselves uh yes we are i actually from this property

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am just out of this zone i'm on uh fernon street so tasker is the southernmost zone so i'm right

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off passing on gav and you know we care about our properties we care about the neighborhood

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okay nothing further questions for the board yes how many total um short-term rentals do you have

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in this neighborhood in this neighborhood this is our only one it's the only one okay and then

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how many do you have total in the city of philadelphia in the city of philadelphia we have

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12 i believe and at all of them do you leave it to the short-term rental tenants to put their

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trash out on the street uh no it's the same thing um you know for the trash pickouts if there is a

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guest there yes um if there is not a guest then you know we have maintenance and other you know

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avenues to do so okay and then just for a point of reference the rco um the head of the rco i think

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also lives on your block so did you talk to any of the nearby name i know most of the people on

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that board specifically live on the block where this is so just wondering what has been your

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interaction with the uh past young civic association membership not besides that first

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meeting that was uh the only time okay and you've never had to present to them before like in your

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previous operation of the of the property i was on that board but that was over 10 years ago yeah

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when i when i lived there but no no one no one knows me anymore there um uh have you had uh john

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have you had any experience with um any of the neighbors on the block either positively or

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negatively regarding that property no other questions from the board

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questions or comments from the our lawyer hillary emory oh hillary hill

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i thought maybe she got married no

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Not at this time, Mr. Chair.

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Questions or comments from the virtual audience?

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Yes, Mr. Chair, I have a hand up from Thomas McDonald.

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Okay.

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I can promote him to the panelists shortly.

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Mr. McDonald.

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Good morning.

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i think i already swore you earlier in today yes you did are you a neighbor yes i live at 1336

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east passing avenue which is the unit directly next to this unit okay please proceed yeah so i

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wanted to specifically speak on the trash collection and maintenance from uh my perspective as a

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neighbor i've had multiple instances where like my partner and myself have had to take the trash out

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because it had overflowed so significantly in the small like container in the front of the unit

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and then on an instance in April there was a rat that had died out in front of the property that

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was there for about a week I have pictures dated and my partner and I had to remove the rat

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ourselves. So I am a little concerned about whether this property is being monitored well

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and being maintained well. And I'm concerned if it's really benefiting the

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um and i'm concerned if it's really benefiting the neighborhood and our street in particular

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thank you miss you have any questions uh well could i have my client respond whatever you want

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um mr holt um are you able to to speak to that i i understand that at the moment you're not

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a short-term rental but perhaps the the longer-term tenants you have in there might have some um or i

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don't know if you've sure uh one of the things i guess in regarding to the trash and the black uh

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bin that he mentioned was overflowing just from the earlier uh testimony today one of the things

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they brought up with the trash in that larger building um we do have access in the sidewalk

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there's a built-in bilko door so we'd be happy to move that kind of trash so to keep it in our

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basement which is completely separate from all the units uh that would hopefully alleviate uh you

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know uh mr mcdonald's our neighbor's um issue with the trash piling up you know out front right

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right there where where he mentioned um so we would be able to uh bring that down through the

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bilko door to store the trash uh there and keep it off the street and hopefully you know keep any

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issues with the rodent that you know happened as well would you be opposed to commercial trash

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pickup uh no we're fine with that as a proviso as well as a temporary variance other questions

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or comments from the audience no further answer mr jay planning commission

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sorry jonathan goings planning commission staff

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comprehensive plan recommends no change to the residential single family attached zoning at this

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location there is no unique physical condition or circumstance of this property that would prevent

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it from being used in conformance with the zoning code therefore city planning commission recommends

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the board deny the most proposed use variance for visitor accommodations mi 2024 007 318 1334 east

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Patashank Avenue. I vote no.

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Michael Johns, my vote is no.

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Cheryl Gaston,

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my vote is no.

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My vote is no.

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Ishmael Shaheed, my vote is no.

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Thank you, counsel.

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Thanks, Gordon.

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Number six, MI 2024-004-752-1923

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East Allegheny Avenue.

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Mark Feynman is the attorney.

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They will be coming back in as a panelist shortly.

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Good morning.

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Good morning, counsel.

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

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Yes, good morning.

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My name is Mark Feynman, M-A-R-K, F as in Frank, E-I-N-M-A-N.

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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 yes but you identify a client relationship to the property

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yes um so my client is dema d-e-m-a realty comma inc it is a corporation owned owning the property

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The president of that entity is Haytham, H-A-Y-T-H-A-M, Ayad, A-Y-Y-A-D, and Mr. Ayad is present with me, and if you'd like, I'll have him appear.

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Sure, why don't you start first, and then we'll bring him on afterwards.

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Very well, thank you very much.

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the reading of the refusal and do you agree with its accuracy? I do, yes. Would you please start

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your presentation, sir? Yes. The application is for the proposed- Sorry, excuse me, Mr. Feynman,

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just an initial question. We don't have a letter from the RCO. We did receive from you a copy of

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the letter that was mailed, but we didn't receive proof of mailing. Do you have either proof of

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mailing or a letter from the rco with you today i do not i've never received that it was my

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understanding that that was sent directly in um okay in the earlier listings um but i have never

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received that okay do you have um do you have proof of mailing for the notices that were sent

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out the certificates of mailing or other proof that they were mailed

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i i do not have that again i thought that um when when i was involved that was

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When I was involved, that had already been sent out, and there had already been the meetings for my retention.

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had already been sent out and there had already been the meetings

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Okay.

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Mr. Trey, I think we can hear this, but I think we'll need to just hold for either the RCO letter or proof of mailing.

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Okay.

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Thank you.

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All right, please start.

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Thank you very much.

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Greatly appreciate the courtesies.

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So this is an application for the proposed use of offices, both business and or professional, on the first floor with a single-family household living on the second floor in an existing structure with no changes to the structure.

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The reason for the refusal is reflected as the proposed use is prohibited in the RM1 residential zone district.

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If I may, bear with me one moment, I'd like to share my screen.

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You open your documents and you hit the button at the bottom that says share screen?

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Bear with me for a second here.

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My documents are open and I'm trying to find where my shared screen is.

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So, so Mr. Feynman, I still have two other cases. So why don't I move on? I'll move on. You figure it out, then I'll come back in about, I'm hoping 15, 20 minutes. Okay.

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Okay, I'm trying to, yeah.

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No, that's okay.

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Thank you.

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I appreciate it.

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