civus
Hearing video

ZBA Hearing - October 5, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Oct 5, 20213h 40m

Mr. Lee, excuse me, but this is Sharon. Can you tell me if I was, I'm still not finding the exhibits. Was I copied on the email when you sent them in?

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Yes, yes, yes you were. And I would just ask that if we could table this until I can confer with them and reschedule this so that they can have an attorney present for their

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And reschedule this so that they can have an attorney present for their son.

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Mr. Lee, we're going to break with precedent.

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We're going to allow you one more continuance, and it must be heard.

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Yes, I appreciate that.

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Thank you so much.

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MI 2021-000332-906 East Shelton Avenue is continued.

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Must be heard.

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i think that concludes the 9 30 list if i left anything else someone please bring it to my

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attention wait next time i'll keep quiet but that does conclude it cheer that's all we have on our

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end all right folks see everybody back at two o'clock thank you okay great bye-bye

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recording has been restored thank you and yvette we'll give you a few minutes

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let us know if you're ready. We're ready, Chair. Thank you. Good afternoon, everyone. My name is

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Frank DiCicco. I'm the Chair of the Zoning Board of Adjustment. I'll be participating in today's

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hearing along with our Board Secretary, Confessor Plaza and Board Members, Mr. Thomas Holloman and

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Mr. James Snell, Board Administrator Yvette Benton, and Board Attorney Ms. Sharon Saleta

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are also in attendance, as is our Zoning Board Administrator Ms. Tanya Sunkit. Ms. Tenere

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will be joining us in a few more minutes. For those of you who haven't yet participated

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in one of our virtual hearings, I'll go through some of the basics of what you can expect.

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First, we will be administering oaths to individual participants prior to their testimony.

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Second, we like to advise everyone that this proceeding is being recorded and that by participating, you acknowledge your agreement to be recorded and that the recording will be made available to the public on the web or otherwise.

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Third, for anyone participating by phone, if you wish to testify, you must raise your hand by hitting star nine and then star six to unmute yourself.

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i'll repeat for anyone participating by phone if you wish to testify you must raise your hand by

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hitting star nine and then star six to unmute yourself finally to enter an appearance statement

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call google 267-270-5548 and leave your email address and the address of the property at issue

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i will repeat that to enter an appearance statement call google 267-270-5548 and leave

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your email address and the address of the property at issue i would like to remind everyone please

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do not attempt to testify in the chat any comments questions or concerns should be directed

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to yvette benton or board administrator with that i will go to the two o'clock list

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And read off a request for continuances. Number two on our list, MI 2021-001479, 1433 West Fisher Avenue.

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Number five on our list. MI 2020-001-262-321 East Worcester Street. Number 10 on our list. MI 2021-000591-817 Ellsworth Street.

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there's also a request number eight well let me go through that and then we're going to come back

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to number eight because there's a request for rehearing uh we'll talk through that we will

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probably decide on a continuance but let's do the those that i read in to be continued

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does anyone disagree with those cases being continued

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that's 433 Worcester excuse me 433 West Fisher 321 East Worcester and 817 Ellsworth Street

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request for any objection chair we have a Mr. Frank Turner Mr. Turner you can unmute yourself

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and wait for the chair thank you Mr. Turner please identify yourself spell your full name

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um yes my name is frank turner f-r-a-n-k-t-u-r-n-e-r uh i am the attorney for um the owners of uh 2338

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north 16th street um i submitted a request for continuance excuse me do you swear a firm to

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tell the truth the whole truth nothing but the truth i do thank you please proceed thank you

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Thank you. Please proceed.

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Thank you. I represent the owners of 2338 North 16th Street.

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um i represent uh the owners of 233

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That would be ZP-2020-000854.

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And we'd also like to request a continuance for today.

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I emailed the continuance a little earlier.

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Okay. It was previously, you've been previously continued.

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This case was continued on July 20th.

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So, MI 2021, that's 000360, 2338 North 16th Street is continued, must be heard.

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Thank you, Chair.

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Any other requests for continuances that haven't already been read into the record?

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If so, please raise your hand.

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Any continuance or withdrawal requests, raise your hand at this time.

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chair we have hillary emerson miss emerson you can unmute yourself and wait for the chair

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good afternoon hillary please identify yourself and i swear you in

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good afternoon mr chair members of the board hillary emerson e-m-e-r-s-o-n on behalf of

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Councilwoman Sherelle Parker.

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Hillary?

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Can you hear me?

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Can you hear me?

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Yeah, we can now.

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Okay, I'm sorry.

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Good afternoon, Mr. Chair, members of the board.

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Hillary Emerson, E-M-E-R-S-O-N,

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on behalf of Councilwoman Sherelle Parker.

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You swear or affirm to tell the truth,

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the whole truth, nothing but the truth?

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I do. Okay, I'm here on case number nine on the list, 5734 to 38 Old 2nd Street. There was another case at this address last week. This is a separate case, this shopping center with multiple units.

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We are asking that this case be dismissed. It was continued back in July. Mr. DeMarco was representing the applicant at that time, and he has withdrawn his representation on the case based on an email that I received from him.

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um and so and we have not our office is acting as the the coordinating rco and we have not

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received a request for a meeting um and this we've had some problems with the business at

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this location that's seeking to get this variance um so yeah you're requesting a dismissal okay

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Okay. MI 2021-001325, 5734-38, Old 2nd Street. Is there any objection to dismissal on this case?

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Chair, we have several hands up. I don't know if any of them are opposing the dismissal.

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please put your hand down yeah unless if you're not here for this thank you

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if you're if you want to speak on 5734 vast 38 old second street raise your hand

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all others please put your hand down for the time being

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there are no other heads at this time chair okay so that case i just read 20 mi 2021

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one that's zero zero one three two five five seven three four that's three eight old street

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old second street part of me is dismissed professor pros like this this miss

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thomas holliman

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oh man i we didn't hear you tom

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mr holliman we're not hearing you how about jim is mr snow there

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yeah i you must not be able to hear me frank uh dismissed okay so it's we got three that's a

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quarter that's enough um we seem to have lost time temporarily all right any requests other

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requests for continuances or withdrawal on the two o'clock list

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chair we have a wayne maynard mr maynard you can unmute yourself and wait for the chair

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the main art please spell your full name and i'll swear you in

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Sorry.

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sorry

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i see mr waynard's name next to uh 3353 emerald street

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mr maynard please unmute yourself and spell your full name thank you chair um my full name is

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wayne maynard it's w-a-y-n-e last name uh maynard m-a-y-n-a-r-d you swear or firm to tell the

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truth the whole truth nothing but the truth i do mr chair and you're here on what case

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it's 3353 emerald street my 2021 that's 000333 please proceed correct yes i am requesting a

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continuance on this one again for several reasons one is for months i've been trying to arrange a

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meeting with the Harrogate Civic Association and I have sent out multiple emails left multiple

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messages phone messages and have not received a response yet also today I received from my

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client's representative who is trying to enter this meeting but is being told he needs a passcode

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But anyway, I received from him a list of signatures from local residents in support of this application, but it hasn't been submitted to the board yet.

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I would need to do that, obviously, in advance of the hearing.

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And also, hopefully, I would hear from the Harrogate Civic Association, which has been nonresponsive.

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um let me ask uh sharon and or tanya uh is it possible we can go forward with the case but

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hold any decision uh until such time uh we'll put a specific date until such time we hear back from

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the rco excuse me chair not in this case we haven't received any exhibits oh we don't have

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these i'm sorry okay i did see that all right mr maynard we're going to break with tradition

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MI 2021-000333

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3353

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Emerald Street is continued. Must

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be heard.

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Be heard.

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Thank you.

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Thank you, Mr. Chair. May I be excused?

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Yes, you may. Any other requests for

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continuances or withdrawals?

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I'm sorry, Chair.

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This is Tanya, the administrator.

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If I could mention

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to

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the attorney about herald gate um if they are not able to get in touch with them at the next

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continuance they could also reach out to the council purchase office to make them aware as

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well as send us letters of their efforts so that we can be able to go pardon the interruption

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as soon as you began speaking i lost you i went it went out and just came back on so if you don't

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mind okay um i was just suggesting that um if he's unable to reach harold gate by the time of

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the next hearing that he reach out to the council person's office to inform them as well as submit

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to the rco box letters of his efforts to reach out to them hopefully mr mayner is still on

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i think he has to be excused he may not may have left is there any way we can get that message to

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him yes we can email him thank you chair thank you tanya thank you um okay any other other requests

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for continuance or withdrawals again i will get back to 4520-40 worth street momentarily

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All right, why don't we proceed? I'm not seeing anything. No hands are up.

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I believe, I'm sorry.

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hi can you hear me yes and you are

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please uh spell your full name and i'll swear you in sure augusta a-u-g-u-s-t-a my last name

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is o'neill o apostrophe n-e-i-l-l where from to tell the truth the whole truth nothing about the

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the truth? Yes. Please proceed. Thank you. Mr. Chair, I just wanted to let you know my

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office had submitted a request to withdraw 1314 North Broad Street. The calendar number is MI

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2021-002025 and Ron

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2021-002025 and ron patterson from my office had submitted that request on september 24th

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i just didn't hear it being called sorry what was that address again 1314 north broad street

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and that's a two o'clock listing yeah that's on the letter um that he sent in that it was for the

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two o'clock on our sheet let me check with staff tanya uh sharon anyone have that i think we have

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you down for the continuance case at 18 817 ellsworth right and then um i just wanted to

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make sure that you got that you had received the request to withdraw this other matter

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so if the request came to me then it was taken care of that's why it's not the stick

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um so we don't have it on here today okay all right thank you so much thank you we'll be

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talking to you shortly okay any other requests for continuances or withdrawals

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there are no hands at this time chair all right we'll address worth street when we get to that

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on our list. First case on the two o'clock list is MI 2021-003372-10169 Northeast Boulevard.

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This is an appeal against L&I.

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Chair, we have Mr. Leonard Reuter.

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Reuter, please identify yourself, and I'll swear you in.

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Chair, this is Sharon. I was going to say that we don't have exhibits for this, but

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I believe we were expecting that the appellants who are the prior

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property owners were going to appear to request that it be withdrawn.

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uh mr reuter did you hear that uh i just i just got re uh placed as a as a panelist here so i

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missed the first part of that let's do this first give us your full name i'll swear you in

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sure uh may it please the board leonard f reuter that's l-e-o-n-a-r-d middle initial f

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uh last name is r-e-u-t-e-r uh senior attorney for the city of philadelphia

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you were firm to tell the truth the whole truth nothing but the truth i do

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mr reuter this is sharon if um it might make sense for us to see if the opponents are here

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because if they are indeed going to withdraw them it might not be necessary for you to

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make any argument sure all right is there anyone here for uh 10169 northeast boulevard

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if you're out in the audience please raise your hand

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i see no hands share thank you sharon are we okay to dismiss this yes i was just going to say in

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alternative you could dismiss if mr reuter would like to put something on the record though um

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this is tanya i'm sorry to interrupt would it be okay to withdraw um because i received

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documentation from the previous applicant stating that they're no longer the owner

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sure if you wanted to i don't think there's any really practical difference between it but

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of course um if they sent you something indicating that they wanted to withdraw

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then that would be sufficient. Thank you. If I could just ask the withdrawal was requested by

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the same party that filed the appeal, right? From the applicant who was previously the owner

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and now they've sold the property and that was why I requested a withdrawal just to be on the

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safe side. In case it was an appeal against a violation. I didn't want it to affect the other

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person, the new owners. Okay. I mean, you know, again, I think the only distinction would be

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a dismissal. Theoretically, they could ask for reconsideration

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or ask for a new hearing, whereas a withdrawal, I think, would be pretty much permanent. I don't

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think they could back off from a withdrawal, but I'll leave it to the discretion of the chair.

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uh well it sounds from the documents that tanya just spoke to and sharon that

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withdrawal would be appropriate if anyone disagrees please chime in

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i don't see any so mi 2021-003372 10169 northeast boulevard is withdrawn

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one zero one six nine northeast boulevard is withdrawn

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uh having said that we will now go to number three thank you number three on our two o'clock

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list and that's a companion to the number two on the 9 30 list so i'll read them both on

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for the record mi 2021 that's 000459 1502 west area avenue and there's a letter of support from

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the 13th ward and the other companion piece to that is mi 2021 that's 000458 1504 west area avenue

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That application has also received a letter of support from the 13th Ward RCO.

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Having said that, Mr. Clinton is the attorney of record.

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Please identify yourself.

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You're still under oath from earlier today.

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Good afternoon, Mr. Chairman, members of the board.

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Henry Clinton, Queen Memorial Building, 1313 South 33rd Street,

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Florida QPA, 19146.

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Here on behalf of 1502 and 1504 West Erie Avenue.

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Ms. Tenere has some questions for you, but I thank you again for agreeing to combine these two cases. Thank you.

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Hi, Mr. Clinton. Do you agree to waive the reading of the refusals and stipulate to their accuracies?

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I do.

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Have you emailed the exhibit packet with the required documents for both of these cases?

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That would include proof of ownership, tax compliance, a copy of the refusal or referral,

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