civus
Hearing video

ZBA Hearing - February 28, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Feb 28, 20247h 19m

Okay, moving on.

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I believe we're on number five as of now. Okay. Number five, MI-2023-006516401 East

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Roosevelt Boulevard. Johali Arias is the tenant applicant. This property is for use as a child

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care center, I guess on the first and second floor, and assembly and entertainment in the

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basement in an existing structure. Two refusals, child care center and assembly and entertainment

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uses are prohibited in the RSA 5 zoning district. Multiple principal uses are prohibited in the RSA

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five zoning district there is a letter of support from the new 42nd ward rco with the proviso

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limiting their support to the child care center use only uh also a letter of non-opposition from

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council member lizado okay um once again uh like council noted uh uh lebaron leonard palmer from

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development services will be serving as an alternate and voting uh in this case uh at this

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time could the uh property owner uh introduce themselves and and uh tell me about the property

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good evening my name is joharly areas j-o-h-a-l-y last name a-r-i-a-s

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Okay, great, Ms. Arias. I'm going to swear you in. Do you agree to tell the truth, the whole truth, nothing but the truth?

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Yes, I do.

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Okay, at this time, Board Member Tom Holliman is going to ask you a few questions.

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Good evening, Madam.

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Good evening, I am.

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Did you email all of the exhibits and documents as required five days in advance to this hearing?

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yes um my director she's on on there and yes she sent everything over

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thank you please proceed and share your screen okay are you able to um uh have my director join

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in too because i'm in dominican republic and i'm on a zoom call but uh she's the one who

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has all the information are you able to see it what is what is her name she she she's able

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to share the documents, but you will, I assume can see the screen and you will be the one to

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testify. Yes, her name is Ayesha Lee. Ayesha Lee is coming back in as a panelist now.

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Thank you. Ms. Lee, are you on? Yes. Good, good. If you could, please state your name and spell

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your name for the court reporter? Ayesha Lee, A-Y-E-S-H-A, last name L-E-E. All right. I'm

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going to swear you in. Do you agree to tell the truth, the whole truth, and nothing but the truth?

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Yes. Okay, great. Share your screen, please. Gotcha. Okay.

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Okay, thank you.

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And the owner of the property can start when you'd like.

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Okay, thank you.

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Yeah, please proceed.

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So I'm trying to get a zone. It's a side building next to a church, also next to an elementary school.

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I'm trying to get a zone for child care and for the first floor zone for school.

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It used to be a school, a Muslim school, all girls. But somehow they changed the zoning into residential.

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We don't know how it happened or what happened on behalf of that.

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or what happened on behalf of that. So when I rented out the location at the moment, I, you

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So when I rented out the location

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know, we thought it was zoned for a Muslim school because we knew it was a Muslim school. And when

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we went into more deep information into the city, we found out it was residential. So it was,

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that's why we weren't able to get zoned for a child school or for a school. So as you can see

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in the picture the first floor um actually the rooms are empty because that's what i would like

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to put the school in um the second floor uh child care and after school as as in uh the time from

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6 a.m to 7 p.m when kids uh when um kids leave at three from school they'll go upstairs for after

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school which is the older kids and i was trying to do a hall in the basement which for hall events

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for meetings, activity for the kids, like a boys and girls club for older kids for Fridays

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and Saturday, for them to have the weekends activities from 6 p.m. to 11 p.m. with permission

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with the parents, you know, trying to have kids and teenager out the street. That's something

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free from my behalf that I was doing activity on the weekends. So it's one building with all

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those activities that um or zones that i was trying to get into that one building okay and

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yeah and and you did get a letter of support from uh the rco right yes i got a letter and um from

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the community from the churches around me from the school and parking we have space for more than

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i think 50 okay all right well uh anything else to say about the property no it um what i really

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wanted to say is that um i rented it out already the reason if you look at the pictures if she goes

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one by one isha can you show them the the image one by one it's set up because um i have a day

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current I'm a daycare owner on Adams and Tabor and I had um stuffed storage so I was already

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rented I was like let me decorate it is even though I wasn't know I didn't know if I was

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gonna get zoned or not but at least I got it ready and set up so y'all could see the vision

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or what I'm bringing to the community uh for parents that have a long distance child care

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there's no child care like maybe around that area like maybe 10 or minutes away which is my

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daycare is 10 minutes away from there and um school i used like i said it was the muslim school

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was the middle muslim school and i'm trying to make it as a school again a district for the

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second floor but not muslim it's just open you know for all ages excuse me can you click on the

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pictures i said can you click on the pictures so he could see one by one they could see please

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I'm sorry I am you can't see you I am going through are they not big no they're not being

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seen oh I don't I am wanted well we can see we can see them but they're very small I guess you

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gotta with your fingers you know open them up I know I'm gonna stop and then I'm gonna put it back

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one give me one second okay so while she's doing that I did put a poster up like I had on my

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district to community i um i i we send out more than 190 letters uh to the community and um we

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have also letters uh for everybody agrees you know that um is a good opportunity for the neighbor and

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for parents and for kids and trying to keep these kids from you know a little bit safe and stuff

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like that in a distance or um oh you can see the pictures there so yeah we see the pictures yeah

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this is good um but i don't know how they put it back into a res i don't know how i i don't know

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why big property so you see the parking lot can you can you slow down the parking lot so they

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can see it oh that's the parking lot you see how big it is there's another picture you see

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that's the space so it's the space for parking so where they pick up the children children come

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map yep and then through the steps they could go through it from the back and that's the door for

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them to enter we have uh one two three four four exit two floor basement yes okay so that's the

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activity room i had it set up and then you're gonna see the game room where you're gonna see

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a pool table for the kids movie area gym area uh relaxed area library area see that's for the older

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kids all right any any questions uh from the board tom no thank you lebaron no questions

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okay uh council hillary emerson any questions or comments um i just i did want to clarify um miss arias

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I just, I did want to clarify, Ms. Arias, you said that you wanted to, you had a child care facility on one floor, the entertainment or the gathering space in the basement.

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And you said you wanted a school on another floor because that's not what's in your proposal.

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Can you clarify what you mean?

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Yeah, I did put a school on the second floor, but they have it as in, Aisha, what did she write?

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she wrote the ages she wrote the ages from uh teen which is for it's a middle school in the

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second floor uh because there's no school around okay so is it is it an after school or is it an

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actual like you're proposing a school like regular hours regular hours the school from 8am to 3pm

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yes okay all right so so yeah so then the refusal is it's incorrect because that would not be a

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child care center you should have educational facilities um listed as the use um so if if

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that's what's being requested i think we need to get a corrected refusal um and that's something

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that i can assist you with before um the board makes the decision on this matter we can continue

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with the hearing today you're testifying as to what um you you want at the space but we just have

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to have a refusal that accurately reflects what you're asking for before we can okay okay i

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understand so yeah so the first the second floor the child care and then the the first floor the

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school yes and then the event um downstairs basement and when you say school i mean what

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what grades or what would the age group be there the age the age group is is from six to eight uh

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Sixth to eighth grade. An actual school. Okay. Yeah.

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Well, what do we, what do we do here, Hillary?

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Well, we, I think we can finish up and take public testimony,

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planning conditions, but we'll just need to hold it for a corrected or revised

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refusal to reflect what's being asked. And then we can make a decision.

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Okay. Okay. Yeah. Thank you. I was wondering if it could go back to, you know,

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know the school used to be but it was a muslim school for our girls gotcha all right any questions

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from the uh virtual audience any comments i see no heads at this time mr snell okay thank you uh

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planning commission ron it's run bednar city planning the property while it is indicated

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for residential on the city plan given the physical conditions of the site we recommend

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the request of variance be granted okay and uh you know based on uh council's recommendation

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we're going to hold this right hillary and uh i guess get further information yes we will we

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will hold this the record will be closed except for um an updated refusal thank you okay thank

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All right, so let me just, that's number five.

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So MI-2023-006516, 401 East Roosevelt Boulevard.

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We're going to hold this and, you know, we'll circle back on this with more information.

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Okay?

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Thank you.

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Have a good evening, guys.

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Great.

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Take care.

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You too, bye.

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All right.

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I think Lucky Seven, our last our last case.

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OK, MI-2022-0043864067 North Reese Street.

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David Chandler.

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And I'm not even going to make an attempt to say that I'll probably mispronounce the name.

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Is this the owner or the attorney for the owner?

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Is David the attorney?

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Yes, I believe so, Mr. Snell.

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Okay.

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I did just, is he, he's coming back in now as a panelist.

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Okay.

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And once again, for the record.

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Mr. Chandler's coming back in as a panelist.

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Okay.

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Hold on for one second, Mr. Chandler.

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Just for the record, the Baron Leonard Palmer from Development Services will be serving as an alternate on this case and voting.

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OK, Mr. Chandler, are you are you on the line?

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We cannot hear you. You're muted.

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There you go. Yes. OK. OK, there you go.

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All right. If you could identify yourself, your client and your.

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All right. If you could identify yourself, your client and your client's relationship to the property, please.

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OK, my name is David Chandler, C-H-A-N-D-L-E-R.

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Co-counsel is Helen Beck, B-A-I-K.

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And my client is Franklin Munoz.

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That's Franklin as in Ben, first name Munoz, M-U-N-O-Z.

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OK, great. Thank you. I'm going to swear you in.

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Do you agree to tell the truth, the whole truth, nothing but the truth?

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Yes, I do.

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All right.

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Thank you.

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At this time, I'm going to turn you over to board member Tom Holloman.

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He's got a few questions for you.

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Good evening, counsel.

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Do you agree to waive the reading of the refusal and stipulate to his accuracy?

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Yes, I do.

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Did you email all the exhibits and documents as required five days in advance to this hearing?

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I emailed most of them on the 23rd.

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We got an email from Ms. Emerson last evening.

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And so I emailed additional documents today regarding the ownership of the property.

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The only thing is the tax clearance certificate.

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My client is in the process of purchasing the property, so he'll need to apply for a tax clearance certificate.

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Thank you. Please proceed and share your screen.

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Yes.

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Yes, sorry, this is Hillary. I just wanted to jump in and clarify who your client is, because there was an agreement of sale provided and a deed, so I wasn't sure. And you said the agreement of sale is with an LLC. Is that who Mr. Munez, I believe you said his name was, is associated with?

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Yes, he's the owner. It's 4067 North Reese Property Incorporated. He is the sole owner.

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okay thank you proceed please

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There we go.

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See something now.

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Let's see.

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Let's see.

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Lakeisha?

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yes

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could you uh lend your expertise here

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i think we're having a little trouble pulling up uh the screen the exhibits um now do you

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how we doing Mr. Chandler I'm trying to get the it's done it's um

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yes look like he's trying to pull up his exhibits now

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Thank you.

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Mr. Chandler, it might help if you unshared

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and then pulled up what you needed and then shared again.

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Yeah.

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Right.

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i'm sorry it's all right

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Thank you.

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where your documents are on your computer like is it in word yes it's in the uh the main screen

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oh here we go i'm sorry for the delight uh this is the uh our um and you just have to

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click that green share button again oh sure okay

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and then click on that document that you have open that you would like to share

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right okay can you see it uh can you see the exhibits no no share screen share screen yeah

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that one okay then you click okay can you see it you got something going on there we go okay

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Yeah, this is our cover letter. And the Exhibit A1, this is the property description, owned by the former owner, Jose Torres.

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on january 24th he signed an agreement of sale with our clients and corporation so that's still

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ongoing right now um this is more of the property description this is the letter of support from

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esperanza housing economic development actually this was uh even though it was

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date of June 6, 2023. The actual hearing was held. Excuse me, Mr. Chandler. I'm sorry.

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Yes. Could you please maximize your screen so we can be able to view the documents?

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Oh, sure. Okay. How's that? Wonderful. Thank you very much. Perfect. Thank you.

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okay uh this was originally helped i was um was in the uh was being litigated by another attorney

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who since left and the rco meeting was held on december 12 2022 uh and it was a letter of uh no

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no objection to the uh no opposition to this project uh we also received a letter from

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uh council person's lozado's office and the council person also had a letter of no no opposition

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