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Hearing video

ZBA Hearing - March 6, 2024

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

J-O-R-G-E-T-E-C-W-O-T-Q.

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I'm sorry, Mr. Chairman, this reporter, I did not understand that.

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all right he's he's spelling his his spelling his name in spanish so i think we'll need to

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just take the excuse me the testimony of mystery today that's right right thank you okay all right

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all right questions uh from the board no chair

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no questions all right questions or comments from our attorney hillary emerson

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not at this time mr chair questions or comments from the virtual audience

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no further hands mr chair planning commission thank you chair bergman and good morning david

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fecto with the city planning commission chairman and board members the comprehensive plan recommends

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no change to the residential single family zoning at this location the appellant appears to have

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built a garage in addition to the home without the benefit of permits there is no unique physical

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condition or circumstance of this property that would prevent it from being used in conformance

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with the zoning code the city planning commission recommends that the board deny the proposed

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dimensional variances for occupied area and rear yard depth

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and by 2023-001-6003149 jasper street i vote no

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ishmael shaheed my vote is no the baron leonard palmer my vote is no thank you council thank

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Thank you very much, Commissioner.

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Number 14, MI 2023-005-885-336-38 North 10th Street.

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Zen Jin is the attorney.

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Letter of support from the Philadelphia Chinatown Development Corporation

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and a letter of non-opposition from the Callahill Neighborhood Association.

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Delby, we're joining as a panelist.

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Okay, thank you.

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Mr. Chair, we've also received a letter of non-opposition from Councilmember Squilla with the provisos as noted by the community organization.

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Thank you.

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Council, just for the record, state your name.

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You've already been sworn.

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Thank you.

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My name is Zen Jin, Z-H-E-N-J-I-N.

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Can you please identify your clients and their relationship to this property?

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Yes, Mr. Jing Wu, J-I-N-G, last name W-U.

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They're a tenant in the property, but the operator of the proposed business.

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Our vice chair has just a few questions, sir.

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Good morning, counsel.

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Do you agree to waive the reading of the refusal or stipulate to his address?

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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 this hearing?

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I did.

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Thank you. Please proceed to share.

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Thank you. I'm going to share with the board what was previously submitted in this case.

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Can the board see my exhibit?

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Yes.

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Thank you.

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So we have submitted the copy of the refusal, both letters of support and non-opposition from the two RCOs that was involved directly with the community meetings, photos, plans, and relay documentation.

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This is an application for use as a, what is essentially a karaoke restaurant, but it is a restaurant use.

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Because of the karaoke aspect, it triggers the assembly and entertainment use for less than 50 people, but it is also a sit-down restaurant by design.

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This is a common type of design in the Chinatown community area, and it's a very popular type of restaurant with rooms where people can come in and enjoy karaoke as well as good food.

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There are two aspects to this particular refusal-slash-referral.

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The special exception applies to the assembly and entertainment use.

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The sole refusal item really applies to five required parking spaces.

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As the letters from the community indicates, both RCOs feel that the parking is not as much of an issue overall because from a parking standpoint, this is an existing building.

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There is a hardship that it cannot have off-street parking, but in the area, there are parking

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lots and on-street parking, and the use, even given the size of the use, the impact of the

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the impact of the parking isn't likely to trigger a hardship to what is already in the community

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parking isn't likely to trigger a hardship to what is already...

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and what is surrounding the property. The main concern for most of the neighbors and community,

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again, would come back to trash management. We were asked to make sure that we have commercial

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trash pickup multiple times a week to make sure that trash is never left on the sidewalk or in

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front of the property. And that is something that my client does agree with and have no issue with.

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The PCDC and CNA also asked for visibility and proper ventilation.

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Ventilation, it's going to be to the roof of the property.

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And on the design of the front facade, which I'm going to show on the plans now,

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you can see that we do plan to change the front facade to make sure that there are windows available for visibility.

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The building itself currently, you can see from the photographs, is more of a, it is kind of a commercial frontage, but we will be, my client will be making certain changes to make it more presentable as a restaurant frontage.

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So there are some parking spaces on the side, but again, it's not really directly accessible to my client. It's not his, the part that he is leasing.

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So this is a space that is being leased and will be used.

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So essentially, with the neighbors that showed up to the community not really being in opposition to the proposed use, in fact, some are actually excited about the idea of a karaoke restaurant being here and the neighborhood's non-opposition, and our agreement to the provisos that they would like, we would ask for the board's favorable review of this application,

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both for the special exception

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as well as for the variance

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for the five parking spaces.

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My client should be here

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to verify my testimony.

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Chairman, would you like me to ask?

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Please bring your client on, yep.

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Yep.

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So Mr. Wu, can you raise your hand

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virtually to be identified?

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Mr. Wu?

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Mr. Wolf, you're in the virtual audience.

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Please raise your hand and wait to be sworn in.

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I'm sorry, sir, but I do not see any hand.

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So, counsel, you're an officer of the court.

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Your testimony is accepted.

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Thank you.

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Questions from the board?

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No, Chair.

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No questions, Chair.

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Questions or comments from our attorney?

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Not at this time, Mr. Chair.

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Questions or comments from the virtual audience?

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

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Planning Commission.

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Thank you, Chair Bergman, and good morning.

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David Fecto with the City Planning Commission.

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Chairman and board members, the comprehensive plan recommends a change in zoning at this location from industrial and residential mixed use to commercial mixed use 2.5.

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The zoning map was changed at this location in 2015 and a community requested map change.

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The appellant has shown that the proposed assembly and entertainment will have no detrimental impacts beyond what might be expected.

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The appellant has an existing building, so requiring parking would not be feasible.

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The City Planning Commission recommends that the board grant their proposed parking variance.

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Thank you. MI 2023-005-885, 336-38-North 10th. I vote yes.

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With proviso, commercial trash pickup.

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LeBaron Leonard Palmer, my vote is yes, with proviso.

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Ishmael Shahid, my vote is yes, with proviso.

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Thank you.

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Thank you, counsel.

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Number 15, MI 2023-004-396-1807 East Boston Street, Mark Fineman is the attorney.

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There's a letter of support from East Kensington Neighbors Association.

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Mr. Feynman.

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Okay, sir.

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They will be rejoining as a panelist shortly.

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Thank you.

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All right.

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Good morning, Mr. Feynman.

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

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Good morning, Chairman Bergman.

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I'm Mark Feynman, F is in Frank, E, I, Anna's in Nicholas, M-A-N, and 40322 is my ID number.

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Where or firms tell the truth, the whole truth, and nothing but the truth?

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I do.

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Could you identify your client, a relationship to this property?

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Yes.

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My client is Maria.

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My client is Maria M-A-R-I-A Lorenzo, R-L-O-R-E-N-Z-O.

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She is the principal individual and owner of the entity, which is identified on the deed as the owner of the real estate Tantaros, T-A-N-T-A-R-O-S, Design Landscaping, Inc.,

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and MLL, Real Estate LLC.

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Okay, our vice chair has a few questions, sir.

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Yes.

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Good morning, counsel.

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Do you agree to weigh the reading of the refusal

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or stipulate to its accuracy?

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Yes, I do.

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Have you emailed in all the required documents

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and exhibits that is needed to proceed with this case

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five days in advance of this hearing?

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I did not, but I believe that they have been sent in

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and we've been piecemealing,

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trying to get the documents together,

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but i believe they've all been sent in and i can i can elaborate if the chair would like me to

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elaborate okay hillary have we received everything on this we have received everything and i just

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wanted to know we did receive a letter of non-opposition this morning from council member

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lazada and i was going to indicate that was the one thing that i i had not known whether or not

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it had made its way into uh into uh miss emerson all right thank you so we have everything into

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evidence please proceed and share your screen if if i may first my apologies because i i do not

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have the capability of sharing anything because i didn't have anything um and i'll explain what

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i mean by that um i was retained just recently by the applicant there was prior counsel in the

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street who would happen to be on a few moments ago she had been counseled from the initial

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application throughout about two weeks ago. Unfortunately, there was no communication

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between my client and her office, despite multiple attempts and requests by my client to connect with

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Ms. Street in order to prepare for the hearing that had been scheduled last time. And then

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it was rescheduled until today. So, counsel, let me say this. You have to make a presentation.

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Correct. The documents, I believe, are all in the possession of the board. I believe Ms. Everson does have those. I personally did not have those. That's what I'm going to explain.

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But Hillary, he has to have them, am I correct?

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He has to be able to share the documents in order to make a presentation.

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That's right. That's right. So, Mr. Feynman, we're going to have to continue this to obtain the documents.

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Could I ask for a short continuance?

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Of course.

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I would say we will do the best we can for you, sir.

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Understood.

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And by that point, I'll have an exhibit packet that I'll be able to submit in its entirety

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to the board.

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And I believe we'll be fully prepared to proceed at that moment.

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Thank you very much.

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So MI 2023-004-396-1807 East Boston Street.

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This case is continued and we will be in touch, sir.

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Thank you very much.

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Okay, thank you.

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Number 17, MI 2022, 004-440-204 North 52nd Street.

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There's a letter of opposition from the RCO 44 Democratic Ward, and Council Member Gauthier also has a letter of opposition.

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The applicant has provided six notarized form letters, and the applicant provided a petition and support from 24 neighbors.

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Warren Wise has been rejoined as a panelist.

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Good morning, Mr. Chairman.

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Good morning.

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Good morning.

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

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Yes, sir.

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Corrin Wise, C-O-R-E-N-W-I-S-E.

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Right.

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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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I do.

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Yes, sir.

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Would you identify your client, the relationship to this property?

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Thank you.

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I will.

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I represent Joseph Patton, P-A-T-T-O-N, who is the member of the property owner, budget

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approved LLC.

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Okay.

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He should be on the call.

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All right.

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And our vice chair has a few questions for you.

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Council, do you agree to waive the reading of the refusal or stipulate to its accuracy?

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I have a question about the refusal.

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The accuracy of the content, I don't have any issue with.

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But the notes, it doesn't note any prior history.

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I just reserve the right to go through the prior zoning history, which is active and voluminous.

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go through the prior zoning history which is uh active and volumia the new voluminous and and

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missing from the refusal itself understood um have you emailed in all the required documents

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and exhibits that is needed to proceed with this case five days in advance of this hearing

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yes sir my my client mr patten has emailed uh all the documents okay no problem thank you

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please proceed to share your screen yes can you see my screen

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yes we can okay this is actually the rear of the property let me see if i can

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So this is the interior of this property, bathroom of unit A.

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