civus
Hearing video

ZBA Hearing - February 23, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Feb 23, 20224h 10m

Thomas Holloman, my vote is no for reconsideration.

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James Snell, my vote is no for reconsideration.

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Ismail Shahid, my vote is no for reconsideration.

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MI, the other last reconsideration we have, MI 2021-003-824, 1018 Wood Street, I vote yes and recommend a rehearing.

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Harold Tenere, my vote is yes for a rehearing.

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Thomas Holloman, my vote is yes for a rehearing.

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okay now we'll start the case ishmael shaheed my vote is yes to the rehearing

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sorry about that i was having a little issue here uh my vote is yes to rehearing thank you

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and let's see here mi 2021 1708 bodine street

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councilwoman sanchez letter in non-opposition and also refers that there is an rco letter

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gabriel falco

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mr falco has been promoted to panelists

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mr falco i've already sworn you could you state your name and then our vice chair has a few

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questions. Mr. Falco? Mr. Falco. Yes, I'm sorry. It went to some other mode. I'm sorry.

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I'm Mr. Falco. I do agree to waive the reading of the refusal and stipulate to its accuracy.

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repeat please do you agree to waive the reading of the refusal and stipulate to its accuracy

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yes ma'am i'm sorry vice chair i'm sorry tanya this is um i apologize but is this an attorney

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yes i think he is oh you're not no no

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thank you you're dressed up like an attorney thank you thank you tanya okay start all over

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Have you emailed the exhibit packet with proof of ownership, tax compliance, a copy of the refusal or referral, photos and or plans of the property five days in advance of this hearing?

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And have you met with the RCO and do you have a letter?

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Yes, ma'am.

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Okay, you may proceed.

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I'm sorry.

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Here's where we have to pause again.

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I apologize.

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But it does appear that we did not receive the required documents timely.

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Timely, if Mr. Falco could please explain, Vice Chair, I would appreciate it.

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Okay, that's great. I would appreciate it, too.

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Good afternoon, everyone. Thank you very much.

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I'm not sure exactly what you mean in timely.

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We had the Old Kensington Neighborhood Association meeting on February 8th.

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And so about a week after that, I forwarded, following the ZBA instructions,

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I forwarded the PDF to all the necessary parties right around that time, which I believe was under the five days.

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I forwarded the PDF to all the necessary parts.

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But what may be confusing things is today, in the event that the board or anybody didn't have the documents, I forwarded things again to all the RCO ZBA, the Suleta ZBA, and the PCPC zoning.

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So that might be what is giving concern for whether the documents were put in a timely fashion or not.

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So I did it today, but I did it a week or two ago, the first time.

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If I could ask, could you forward the initial email to the RCO ZBA box?

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We will confirm.

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Right now?

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If you can.

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Yeah, okay.

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Sure, just give me a minute.

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And we can determine with Mr. Tompkins that all documents submitted are accurate before we can proceed.

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Okay, I will.

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All right, thank you.

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I'm going to move on.

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I'm going to move on.

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Thank you.

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MI 2021-000333-3353 Emerald Street.

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Wayne Maynard is the attorney

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no exhibits

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this is the third or fourth listing

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councilman Squill's office says there's been no RCO meeting

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has been held

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Mr. Maynard

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Mr. Maynard if you're in the virtual audience

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can you please raise your hand

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he's coming back in as the panelists now chair

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mr

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mr manor could you unmute please

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yes good afternoon chairman um is your case ready to go today

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no it isn't uh i intended to request a continuance um i know how important it is to the

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board to get the position of the rco and i've just had no success uh getting any response from them i

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I sent Ms. Suleta copies of the various emails I sent to the Harrowgate Civic Association with no response.

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And also, I have made multiple phone calls to the association with no response.

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So I know this has been listed a few times, but Ms. Suleta was kind enough to respond to my email

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and asked me if I contacted the board with a district council person regarding my inability

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to schedule an RCO meeting. I was unaware that the district council person would maybe able to

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assist with that. So I would like one more continuous attempt with the aid of the district

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council person to schedule an RCO meeting. This is very important to my client and I know it's

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and lingering. Mr. Chair, can I ask a question? Did you submit the tax compliance deed or any

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of the other things, photos and or plans of the property? I believe my client has submitted the

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drawings and the other, the photos, I apologize, of the posting were just sent to me today and I

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forward with them today oh wow okay it's up to you mr so so mr mayner this this has been going

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on for a while and we're going to dismiss the case today you'll have to come back and

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apply again some other time this is just it's one on two before

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okay i i understand chairman thank you all right thank you

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hi chair this is tanya again yeah um my staff has informed me that we did not receive the

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documents two weeks ago as stated and mr letter says she has not received the documents so as you

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wish but this should be continued so we can get the documents and view them as always mr falco

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Yes, sir. Yep, I'm here. Mr. Falco, this is going to be continued. Has to be tried.

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Okay. You'll be notified of a date. Get everything in. Has to be tried.

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So can I just ask right now, it's my knowledge that the board and everybody involved would have all their documents.

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Does anybody, is anybody missing anything? Do you just have everything at least at this?

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Is anybody missing anything? Do you just have everything?

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We don't have any of your documents.

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We don't have any of your documents, Mr. Falco.

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Really? Yeah, so I just sent an email.

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Again, as stated, again, as stated, this is not the forum for the discussion. You did not send them to the proper email boxes. Therefore, we cannot proceed. The documents have to be reviewed and researched by the attorney.

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Okay, thank you so much.

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Yeah, no, absolutely.

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Yeah, I'm sorry, but I could have those addresses

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because I had the instruction forms in front of me

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and I have the three.

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Thank you, I'm sorry.

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Thank you.

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I didn't want to be difficult, sir,

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but you have to reach out to the office

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who facilitates all the requests

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for administrative issues, okay?

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Thank you so kindly, Chair.

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Okay, thank you.

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MI 2021-004-013,

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3922 North 6th Street, two-family dwelling, RCO Esperanza in non-opposition, Councilwoman

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Sanchez in non-opposition, Sean Whalen.

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Chair, Mr. Whalen is coming back in as a panelist now.

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Hello, Chairman.

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Sean Whalen here.

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Sean, could you state your name and spell for the court reporter, please?

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Certainly. Sean, S-E-A-N, last name Whalen, W-H-A-L-E-N.

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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.

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Our vice chair has a few questions.

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

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Yes, I do.

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It appears that you have submitted all the required documents. Is that correct?

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I have.

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You may proceed.

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Thank you. And I know the hour is late, so I will be brief and allow for any questions, but I have thankfully a nice easy one for you. The property I'm here for today is for Naisha Lugo. She's an individual owner of 3922 North 6th Street.

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you should now be able to see the refusal. We have only one refusal. We have proposed a two-family

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dwelling, a duplex, and the property, as you can see here, is a mid-block existing property.

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It's RSA 5 everywhere. However, Esperanza Housing and Economic Development, we met with them

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and they had no opposition actually not even a single person was opposed to the use the history

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here is actually important and I'll go through it very quickly this was a long-standing duplex

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and the interior of the property was already set up as a duplex

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so this is this is the property right here you can see the entire this actually this property

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next door to us is also run as a duplex there are numerous duplexes up and down this block

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the entire block is a pre is an existing two-story block both directions with no vacant lots

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and we actually have a an empty church next door to us at this point so this property was

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historically used as a duplex it has been vacant for some time before my my client purchased it

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at the end of last summer. And all she wishes to do is to legalize the use. Again, the RCO and

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the councilwoman are both unopposed. I have my, Ms. Lugo, if you'd raise your hand, you can be

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brought into the hearing. Again, there's no new construction, no additions of any kind.

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This is going to be simply a cosmetic fix in the interior to bring the duplex back to life, and it will actually be rented, and Ms. Lugo is proceeding to work with Veterans Assistance Affordable Housing.

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So this is going to be used for affordable housing for veterans for each of the two duplex units.

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Ms. Lugo, you can unmute yourself and wait for the chair, please.

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Ms. Lugo, are you there?

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Yes.

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Chairman, you're on mute, I believe.

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Hold on. Sarah, you'll need it.

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Sarah, you'll mute it.

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We still can't hear you.

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I'm sorry.

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You're going to have to go out and come back in.

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Where's the chair?

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he was having problems uh so he had to log out and come back in

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i i did my best i was trying as the last case of the day to be nice and quick for you guys

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we got support and everything okay he's now connecting

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wow

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okay

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oh there he is okay

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did he already ask you about support from um esperanza uh no but i did present that that's

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i can actually share it again very quickly uh for you

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Do you want me to handle it?

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Okay.

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She, okay.

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He can't get his audio to work.

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Okay.

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I will try.

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Okay.

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Ms.

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Can you proceed, please?

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Thank you.

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So Esperanza has submitted a letter of non-opposition.

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councilwoman sanchez letter of non-opposition planning commission uh miss tenary if i could

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i was just about to call miss lugo my client to adopt my testimony okay that's great

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miss lugo are you there yes can you hear me yes yes we can okay

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she has to be sworn in miss tenary

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right now i'm in another position do you swear from to tell the whole truth and nothing but the

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truth yes okay you may proceed all right miss lugo could you kindly uh spell your name for

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the court reporter it's n-e-i-s-h-a and then l-u-g-o okay and miss lugo you are here today

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as the property owner correct correct and did you hear all the testimony that i already presented

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yes and you believe it to be true and correct to the best of your knowledge

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yes and would you adopt it as your own yes and aside from the support of the community

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is there anything else that you'd like the board to know

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no okay thank you very much uh all yours madam vice chair okay planning commission

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Mr. Bednar. This is Ron Bednar, City Planning. I'm sorry. This is Tanya, Madam Vice Chair. If we

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could just make a check and see if the audience had any kind of testimony to provide. Sure. And

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I'm trying to answer a call from the chair. Is there anyone in the virtual audience who

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would like to speak? Yes. No, in two minutes. There are no hands at this time, Madam Vice Chair.

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i noticed okay my understanding madam vice chair just for the record was that the councilwoman's

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office already submitted a letter and uh miss ketsi lozada the vice president of community

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organization um from the rco already submitted a letter of uh support or non-opposition so they

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were not going to attend the table does the board have any questions no madam chair no madam chair

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no madam chair

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calendar number mi

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2021

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two zero two one we need the planning commission uh planning commission please i oh ron do you know

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we need the planning commission

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planning commission please

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i'm looking at your face and i thought you spoke go ahead uh thank you ron bednar city planning

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this property is indicated for residential use on the city plan given the site's physical condition

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and its documented use history we have no objections that that's what i thought you were

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I'm going to have to vote this case with the

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calendar number mi-2021-004-013-3922 north 6th street my vote is yes

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thomas holloman my vote is yes james snell my vote is yes

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my vote is yes

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tanya i apologize for the door barking but someone knocked at the door

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