civus
Hearing video

ZBA Hearing - March 6, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Mar 6, 20246h 49m

If you come in from the outside, you can get to the second floor by ascending the stairs.

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And then you'll go to the second floor plan.

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The second floor actually has two bedrooms.

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We have a bedroom in the front.

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We have a bedroom in the rear.

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We have a family area and a kitchen here.

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Here is an elevation of the property, how it looks currently.

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I also provided you with a side plan, a side elevation, so you can see what the property looks like.

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Commissioner, here is a picture of the outside of the property with the original posting.

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i took some additional pictures of the property in the street to just give you a look of

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what the street looks like and what the property looks like it's a generally a nice well-kept

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clean street and miss zonato's property is a nice well-kept property i took some pictures

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of the inside for you so you can see how it has been renovated it's modern it's clean

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is this an existing duplex you're trying to legalize yes yes sir it is an existing duplex

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i'm going to scroll down a little more past some more of these pictures here

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Just out of curiosity, how many other duplexes on the block?

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I believe there are two other duplexes on the block.

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This is a picture of the rear yard.

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That's the new posting.

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This is a picture of the basement to show you that it really is empty.

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We only have water heaters down there, and then there is access to the basement from the outside.

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here's a picture of the front of the property showing the two mailboxes

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here's additional pictures of the street

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Here's additional pictures of the street, the stairways, the second kitchen, the second bathroom.

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I took a side picture to show you the real length of the property.

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Here is the letter that was sent out to the community for the community meeting.

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I wasn't a part of this case at the time, but I do understand that there was a community meeting which was pretty well attended.

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And here are the, here's a letter from Impact Services, and they were against the using of this property for a duplex.

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We did go to the community also in an effort to get additional support.

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I have a letter from the pastor that lives on the block indicating that he's lived on the block for many years, that the renovation of 344 Kime Street was an addition to the community and that the place is well kept.

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I also had the client circulate a petition along the block.

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And I'll blow this petition up for you a little bit.

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As you can see, there are approximately 16 signatures on this petition, and the signatures of both neighbors are also on this petition, and they all have no objection to the use of this property as a two-family dwelling.

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And, Commissioners, with that, my client, as well as I, am willing to answer any questions that you have concerning this matter.

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Counsel, what was the vote at the RCO meeting?

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honestly um commissioner i don't want to misinform you i don't really know what the

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vote is um may i ask my client please is it on the letter

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i don't have a letter hold on a second yeah i think you have an rco letter yeah i don't know

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the actual

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let's see

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plus 1412

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76364

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let's see there were 10 attendees

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there was opposition

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8

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thank you

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support 2

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Why don't you bring your client on?

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Ms. Zunato, are you on the line?

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Ms. Zunato, can you raise your hand, please?

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They've been about to speak.

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Hello?

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Good morning.

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

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Zuni Donado, C-U-N-Y-D-O-N-D-O.

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do you swear or affirm to tell the truth the whole truth and nothing but the truth

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yes please proceed counsel miss zonato are you the owner of 3445 com street yes and did you

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attend a community meeting in reference to this property yes and can you tell the board in general

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what was the feeling of the community in regard to legalizing this property for a two-family dwelling

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uh nobody show up to the meeting

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i'm sorry can you repeat that to the community meeting yes for uh the board uh was nobody

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so only the board attended the meeting there were no members from the neighborhood

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uh i think she said nobody spoke but then the board voted is what she's saying i think

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mm-hmm yes okay and mr donald have you heard my testimony as presented today

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yes and would you adopt it as true and correct it's true that's all i have

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question questions from the board no no questions here questions or comments

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from our attorney hillary emerson not at this time mr chair questions or

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comments from the virtual audience?

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I do not see any further hands, Mr. Chair.

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Planning Commission. Thank you, Chair

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Bergman, and good morning. David Fecto with the

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City Planning Commission, Chairman and Board

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Members. The comprehensive plan recommends

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no change to the residential single

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family zoning at this location.

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There is no unique physical condition or

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circumstance of this property that

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would prevent it from being used in conformance

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with the zoning code. This property

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appears to have been converted to two family

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use without the benefit of permits. This is a primarily single-family block face.

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The city planning commission recommends that the board deny the proposed use variance for two dwelling units.

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The City Planning Commission recommends that the board deny the proposed use variance.

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Counsel, I'm going to have a conversation with the other board members next week at the executive session, and I'll vote on this next Wednesday at 930.

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Okay.

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Thanks, Commissioner.

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All right.

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And you have another case I see here.

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MI 2023-001-600-3149 Jasper Street.

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and i understand we may have we have letters for this too hillary am i correct

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yes i believe there's a letter of non-support yes yeah we we just got a copy of the the letter

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of opposition um as well as the letter of opposition from council member lazada okay

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thank you please proceed uh council just state your name for the record you've already been sworn

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My name is Darlene Threatt, D-A-R-L-E-N-E, Threatt, T-H-R-E-A-T-T.

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And could you identify your client and the relationship to the property?

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My client is Mr. Jorday Tejada. Mr. Tejada, are you on the line?

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And our vice chair has a few questions for you.

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Counselor, do you agree to wave the reading of the refusal or stipulate to his accuracy?

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Yes, I do.

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Have you emailed in all the required documents and exhibits that is needed to proceed with this case five days in advance of its hearing?

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It's my understanding that the documents were emailed in.

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Okay, thank you. Please proceed and share your screen.

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can you still see my screen we see the uh it's the i think it's

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well i'm not sure what case is what here hold on a second

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that's from the last case what i say

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okay here we go okay

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commissioners i represent the applicant who owns uh 3149 uh jasper street commissioner um

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This was an application for a duplex and the legalization of an addition.

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At this time, Commissioner, I am going to amend our application and withdraw our request for a use as a two-family dwelling.

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At this time, I'm asking just to legalize the addition to be used in conjunction with the one-family dwelling.

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Commissioner, we submitted documents to the board.

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The documents contain the permit application, the refusal, the appeal, the property information form, the deed, tax information, plans, pictures, community letter, and a proof of mailing.

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Here is the zoning use application that we permit that we originally submitted.

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Again, I'm going to withdraw the request for use as a two-family dwelling.

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At this time, I'm just asking to legalize the addition, which consists of a one-floor garage and a two-floor addition on the back of the building.

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Commissioner, this is the refusal that we received.

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Generally, we received a use refusal and two zoning refusals.

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I'm going to withdraw the use refusal again at this time and speak towards the two zoning refusals.

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The zoning refusal concerned the occupied area and the zoning refusal concerned the rear yard.

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The occupied area was supposed to be 75 percent.

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The client built the property using 100 percent of the land, and he did not leave any rear yard at this time.

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Commissioners, I'm just going to scroll down now to the plans.

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My machine will move.

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I submitted the deed, tax information, and I'm going to jump to the plan now.

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I'm just going to reduce it a little bit so we can see the whole plan.

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uh commissioner this is currently the old plan of how the property looked before the addition

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was built basically you would enter the property from the front here and this was all open area

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in the side of the open area we had a existing alley which is still existing

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existing alley, which is still existing. In the back of the open area here, we had an existing

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in the back of the open area here we had an existing

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alley also. The client proceeded to build a garage in this area and a two-family addition in this

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area. I'm going to scroll down a little bit now more to the actual site plan if you'll take a

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look at it here. So this was the original existing building. The client built a garage area right

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here. And he also added a two-story addition in the back here. I'll show you some pictures of it.

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That's the site plan as the property exists today.

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Basically, that's the picture of the posting. And that's the picture of the one-story garage that

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the client built to accommodate his personal

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parking on the block there. Here's another

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picture, and I'll just show you that there is a little alley, there is a little breezeway

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for access that you can get down to the side of this house, and you can go back

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in the alley in the rear of the property.

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Here's an additional picture of the rear of the property,

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which shows you the alley, the breezeway, and the property.

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As you can see here, the client built a two-story addition in the back of this property here.

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Here's another front view of the property.

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A view of the entry into the property from the addition.

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here's a side view of the property uh showing the breezeway um it's a look towards a con

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street right from the back from the back of the property

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it's another view of the rear of the property to show that there is space there's a breezeway back

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there. Here's a picture of the actual garage

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that they built where they would like to park their vehicles at.

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Commissioner, a meeting was noticed and there

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was a meeting held on May 1st, 2023.

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It's my understanding that the community was against the

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two-family use. I'm not sure if it was just presented as

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legalizing an addition at that time.

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Also, I have attached

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in this package the notices

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that were sent to the community.

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And with that, Commissioner,

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I'm here to answer any questions that you may have

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about this application.

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Are there any other parking

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garages on the block?

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No, Commissioner, there are not.

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Okay. You want to bring your client on?

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Yes.

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Mr. Tejada, are you on the line?

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Yes.

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I do not see anyone answering your name on the virtual list.

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I'm sorry, Mr. Han, you said you see no hands raised?

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That's correct.

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No hands are raised, and I do not see anyone answering to that name in the virtual audience.

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my hand went up

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I went back down again

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so counsel

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you're an officer of the court

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will take your testimony

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will you adopt my testimony today

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yep that's what I just said

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alright thank you

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no chair

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I'm sorry to interrupt you

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go ahead

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yeah again

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I interrupt you, Mr. Chair, but it looks like Jorge Deco is present.

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Is that your client?

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Yes, it is.

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Okay.

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Bring him on.

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Jorge?

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Yes?

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Hi.

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

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Jorge Antonio Deco.

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hello

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good afternoon um jorge um did you hear my presentation i gotta i gotta swear in a minute

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he needs to spell his name and then

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sir could you please spell your name for the court stenographer

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J-O-R

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