civus
Hearing video

ZBA Hearing - March 31, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Mar 31, 20215h 23m

Okay, please proceed. Yes, we can.

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Please proceed. I'm the block captain

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of 5400 block of Norfolk Street.

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And

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since the last time we had

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this meeting about this establishment,

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parking has become even

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worse because as of last night people are literally parking on the corner because parking

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is so tight around here recently just on my block alone there's three families on on this block

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that have three cars and it's becoming overwhelmed with with the cars and there's lack of parking

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and to put an establishment at that particular location

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would cause nothing but congestion.

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And I don't live that far from the establishment.

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And in the summertime with the windows open,

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I would be able to hear everything that goes on around the corner

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because that alley makes it an echo.

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We already have issues with the raccoons, possums, mouse. We have issues with people just dumping

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trash all over the area, especially 54th Street. People tend to dump their trash in the alley,

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and there's no way you want to get a container in that alley, simply because of the pole

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that's there. I believe there's other places suitable along Baltimore Avenue for that

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particular kind of establishment, but not in a residential. People around here work. They work

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all three shifts, 7 to 3, 3 to 11, 11 to 7. And to have that kind of establishment, 54th and

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Christian and Baltimore Avenue would eventually be like 49th Street used to be.

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So I oppose the establishment being at 54th and Christian.

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Thank you. Anyone else?

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Mr. Chair, I have Ms. Catherine Blunt. I will allow her to speak.

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Ms. Blunt, there is somebody has something open. There you go, Mr. Gossett. All right.

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Ms. Blunt, please identify yourself. First and last name.

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Catherine Blunt, B-L-U-N-T. I am the co-chair of the 46th Ward Democratic RCO.

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ma'am do you swear and affirm to tell the truth the whole truth nothing but the truth

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i swear thank you please proceed so the concern also is that the first floor which includes a

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kitchen takeout window catering business and the business office is not large enough to accommodate

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all of those enterprises i so one of the things that should have been shown would have been the

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lay out the the plans because there are plans which could identify where all of these entities

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or how all these entities would be placed on the first floor. We also sent testimony

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September 27, 2020 and I would ask that that be considered as part of the record.

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So noted, thank you. Anyone else? Something new and different?

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that's all chair we can move on thank you planning commission thank you chair chico

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ian hegarty for the philadelphia city planning commission members of the board um the proposed

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use at this location is consistent with the building's documented history of ground floor

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commercial and uses on similar adjacent non-conforming properties accordingly the

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city planning commission recommends that the board grant the variance thank you uh sharon

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Endor, Tanya, we had some conflicting comments earlier about letters. One gentleman said there

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were 54 votes in favor. Others are saying that is not accurate. Do we have any of that

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material in the file? I will have to check that, Chair, but we do have, as I mentioned

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earlier, Councilwoman Gauthier is in non-opposition. We can always check for whatever we have in

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We can always check for whatever we have in the file.

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the file.

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I believe a reference, I'm sorry, this is Tanya, a reference was made to a letter for September 2020 as well.

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If you wish, we can try to find the documents for the board to review at a later time.

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It's up to you, Chair.

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And do give me a minute.

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I believe that Councilwoman Gauthier's email referred to the RCO's position as in favor.

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I'm checking that now.

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As far as the Councilwoman's email, it actually just says 5405 Christian Street.

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our office has no opposition to the variance application at this address thank you and any

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do we have anything in the file uh the earlier gentleman i can't remember his name uh uh that's

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suggested there were 54 yes votes yeah that would be uh mr sampson

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that would be mr sampson i believe he's still on the call

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he's asking about the file we would have to check

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here's what we're going to do we're going to close the record and the board will make a decision

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next wednesday's executive session for mi 2020-000029 5405 christian street

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okay okay calendar okay calendar number 0709 5830 arch street the attorney is christopher

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bradley there are no exhibits third list is anyone here for 5830 arch street

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i see no hands mr chair thank you mi 2020 that's 000 709 5830 arch street my vote is to dismiss

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my vote is to dismiss dismiss dismiss dismiss thank you i believe that concludes the 9 30 list

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there anything outstanding no that's it okay we'll see everyone back here at two o'clock

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thank you all thank you i'm sorry chair if i could yes you know how we do if it would be okay with you

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Oh, yeah. I'm sorry.

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Thank you.

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Can we just check to ensure

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that there are no other matters

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that the attendees would like to discuss?

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Matters that have not been yet discussed?

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There's no one in that virtual audience.

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i believe there are two hands up

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there's a halfling nicholas nicholas's hand is raised up let her speak

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morning ma'am

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miss nicholas yes um i'm her son i'm speaking on behalf of her but uh excuse me identify yourself

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I'm Keon Nicholas.

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What's your first and last name?

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K-E-O-N-N-I-C-H-O-L-A-S.

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We're in for him to tell the truth, the whole truth, nothing but the truth?

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I do.

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And you're speaking regarding?

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I got a notice in the mail about a hearing today at 930, but I didn't hear it come up.

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uh it is the i guess the the refusal

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sir what's the address what's the address

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the address of the case you're uh you're inquiring about he appears to be muted

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can you hear me yes yeah we can hear you now what what's the address

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3539 north 16th street

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i don't see that on the 9 30 list

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we can do a check offline yeah we don't i don't it's not on our 9 30 list

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what was the address again 3539 north 16th street i don't see it listed at all today

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what was the address again

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yeah so mr sunkett will go offline with you to discuss that anyone else

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i have a brian harris whose hand is raised sir

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morning chair if i could interrupt for one second if you don't mind

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miss bond continues to raise her hand miss bond your case has been completed

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please confer with your attorney the decision will be rendered next week thank you kindly

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thank you tanya anyone else

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no further hands at this time mr chair okay with that uh we will see everyone back here at two

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o'clock okay all righty thank you recording has begun is tom here no i don't think tom will be

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with us this afternoon we're ready set me a note earlier um i don't think he'll be back right okay

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got it got about that note are we live yes thank you uh so we'll give you a few minutes uh

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jason no we're ready to go oh we're ready ready okay that makes sense thank you

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mr mirror good afternoon good afternoon everyone my name is frank de chico i'm the chair of the

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zoning board of adjustment i'll be participating in today's hearing along with our vice chair

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miss carol tenere board secretary confessor plaza and board member mr james snell

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Board Administrator Mr. Jason Han and our Board Attorney Ms. Sharon Saleta are also in attendance.

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For those of you who haven't yet participated in one of our virtual hearings,

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I'll go through some of the basics of what you can expect. First, we will be administering oaths

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to individual participants prior to their testimony. Second, we'd like to advise everyone

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that this proceeding is being recorded and that by participating you acknowledge your agreement

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to be recorded and the report and that the recording will be available to the public

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on the web or otherwise third for anyone participating by phone if you wish to testify

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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

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by hitting star nine, and then star six to unmute yourself.

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Finally, to enter an appearance statement, call Google 267-270-5548 and leave your email

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address and the address of the property at issue.

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I will repeat, to enter an appearance statement, call Google 267-270-5548 and leave your email address and the address of the property at issue.

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And I'd like to remind everyone, please do not attempt to testify in the chat.

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Any comments should be directed to our board, Jason Hand.

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With that, I will read from the 2 o'clock list, we have one request for a withdrawal, number 11 on our list, MI-2021-000373, 7912 Loretta Avenue.

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it anyone object to that case being withdrawn please raise your hand at this time

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no hands chair thank you is anyone at this time requesting a continuance or withdrawal

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if so please raise your hand mr knock up some has his hand raised i will allow him to speak

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Good afternoon, Mr. Notkinson. You know the drill. Identify yourself and I'll swear you in.

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Yes, Alan Notkinson, A-L-A-N, last name Notkinson, N-O-C-H-U-M-S-O-N, 123 South Broad Street, Suite 1600, Philadelphia, PA, 19109.

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

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

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I do.

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I do.

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Sir, please proceed.

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Yes, we are seeking a continuance of 3338 North Reese Street.

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That's number nine on our list.

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MI 2021-000379-3338 North Reese Street will be continued unless there's any objection to that.

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And if there is, please raise your hand.

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Pardon me.

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Hillary Emerson has her hand raised.

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Good afternoon, Ms. Emerson.

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Please identify yourself and I'll swear you in.

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

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Hillary Emerson on behalf of Councilwoman Sherelle Parker.

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You swearing the firm to tell the truth, the whole truth, nothing but the truth?

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I do.

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and I'm actually I have my hand raised to discuss another case so not not the case uh that Mr.

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Dockamson is here for. Okay just hang in there then. Sure. Any uh any objection to the uh continuance

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of 3338 North Reese or EESC Street? And if not is there anyone else requesting

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a continuance or withdrawal please raise your hand at this time.

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for the two o'clock list request for continuances or withdrawals mr chair this is hillary emerson

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again um number 10 on the list um 67 29 i'm sorry martins mill road um there were as i understand

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there were no exhibits submitted this is the third listing um our office and the community are

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opposed um and seeing that there's a rco meeting was held and seeing that no exhibits have been

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submitted um we do ask that it be dismissed um with enforcement um see the illegal use is uh

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already happening at the property okay thank you is anyone here for six seven two nine martins mill

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I don't think I see any hands for that, Chair, but there's a Batita here.

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There's a Batita with her hand raised.

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I won't allow her to speak.

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Yes, I'm here.

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6727

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neighbor

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well the case is going to be dismissed ma'am

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why what happened

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nobody showed up

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no exhibits

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what do you mean no one showed up

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I'm sorry you're opposed to this

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application yeah we're the

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ones that live next door to that property

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just relax

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we're going to dismiss the case

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you don't have to worry about it

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MI2020

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000746

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6729 martins mill road is dismissed with enforcement dismissed with enforcement

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dismissed with enforcement dismissed with enforcement

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and the other requests for continuances or withdrawals

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chair this is sharon i'm sorry if i missed this but i was on a call and did you announce that um

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number 11 was withdrawn? Yes. Okay. Thank you. 11 was withdrawn. Number 10 is dismissed with

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enforcement. Thank you. Thank you. One more time. Any other requests for continuances or withdrawals?

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I see no further hands, Mr. Chair. Okay, Carol, I guess we proceed with number one on the list.

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Okay. Calendar number 014310541 Drummond Road. The attorney is Rachel Pritzker.

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There is a letter of non-opposition from Councilman O'Neill's office and a letter

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of support from Walton Park Civic Association. Yes, that's correct.

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Good afternoon. Hi, Rachel. How are you? Can you put your name and address on the record and spell

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your last name? Yep, Rachel, R-A-C-H-A-E-L, Pritzker, P-R-I-T-Z-K-E-R, 1635 Market Street,

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Suite 1600, Philadelphia, PA, 19103. Sorry. Gosh, the cat's not going to listen, right?

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Mm-mm. No? Okay, so do you swear or affirm to tell the whole truth and nothing about the truth?

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Yes. Do you also agree to waive the reading of the refusal and stipulate to its accuracy?

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Yes.

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

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Have you emailed the exhibit packet with proof of ownership tax compliance?

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Refusal refi-

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We don't have a letter from the RCO. I believe they only sent it to the council office, but we do have a letter of non-opposition from council. So, yes.

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Okay, can you have the cat raise its right paw? Frank would like to swear the cat in.

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Leo? Oh, the cat's name is Leo. It is Leo. Okay, you may proceed. Thank you. I'm going to share my screen.

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Okay, this is 10 541 Drummond Road.

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This is a large parcel that is currently zoned I-2, and we are looking for a use variance

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