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Hearing video

ZBA Hearing - April 24, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Apr 24, 20246h 7m

Thomas Holloman

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my vote is yes

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with proviso

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Ismail Shahid

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my vote is yes with proviso

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thank you counsel

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thank you very much

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is there anyone in the

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virtual audience whose case has not been

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called from the 930 list

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I do not see any hands Mr. Chair

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thank you everyone

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see everyone at 2pm

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All right.

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Chair, you can proceed as you wish.

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Thank you.

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Good afternoon, everyone.

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My name is Bill Bergman, and I will be chairing this afternoon ZBA hearings.

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With me is our Vice Chair, Ismail Shahid.

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Present, Mr. Chairman.

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Our Board Member, Thomas Holloman.

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Present, Mr. Chairman.

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And our alternate board member, LeBaron Leonard Palmer.

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Present, Mr. Chairman.

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Also, here is Hillary Emerson, our attorney, and our executive director, Tanya Sunkett.

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Here's our virtual format.

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Be advised that proceedings are being recorded.

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Video will be available by contacting TanyaSunkett at phil.gov.

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For the benefit of our court stenographer, we ask attorneys and witnesses to identify themselves before testifying.

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If you're participating by phone and you wish to testify, press star 9 to raise your hand and star 6 to unmute.

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To enter an appearance statement, call 267-270-5548.

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Leave your email and the address of the property in question.

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And finally, the question and answer box on the screen is not for comments or testimony.

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All comments should be directed to our Executive Director, Tanya Sun.

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All comments should be directed to our Executive Director, Tanya Sun.

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Let's look at our schedule for this afternoon.

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Let's look at our...

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Number five, MI 2023-006-059-5804 North 5th Street.

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That case is continued.

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Number six, MI 2023-006-11-2100 South 61st Street.

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That case is continued.

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Number 12, MI2024, 000751-2450, North 30th Street.

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That case is continued.

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Number 14, MI2024-00767-1425 Marlboro Street.

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That case is continued.

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Excuse me, Mr. Chair, on Marlboro Street, can we call the parties forward? The request was from attorney for protestants in this case.

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Yeah, I think, but I will. Brandon Shaverin and Vern Anastasio.

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They've been allowed to speak, sir.

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Morning. Good afternoon, Mr. Chair.

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Vern, for the record, could you state your name and spell, please, for the court stenographer?

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Sure, it's Vern Anastasio, A-N-A-S-T-A-S-I-O, on behalf of some of the immediate neighbors on the 1400 block of Marlboro Street.

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

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I do.

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Brandon?

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Good afternoon, Mr. Chairman.

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

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Yes, B-R-A-N-D-O-N, then S as in Sam, A, V as in Victor, R-A-N as in Nancy. That's Brandon Saverin on behalf of the applicant.

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You swear or affirm to tell the truth, the whole truth, nothing but the truth?

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Yes, I do.

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Mr. Anastasia, would you want to talk about your request?

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Yeah, I recently got retained and would like to be able to get up to speed. I understand

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Mr. Saverin is not opposing my request, and because it's the first listing. I thank you

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for granting it. Brandon, you're okay with this? Mr. Chairman, I am. I just want to make one brief

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comment, which is, as of now, I don't know the list of whom Vern represents. I think that he

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is still figuring that out. So not his fault. But I would hope that we would basically be made

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privy to who his clients are and what their objections are, given that this is about a

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single family house. There's no objection from an RCO. The only variance is a curb cut. So I

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I just would like to see. Sure, sure. Mr. Anastasio. Yeah, obviously, I'm meeting with Michael. I've just been retained. I am meeting with my clients.

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I will be full transparency with Mr. Saverin. And it's my understanding that that the the rub here with those who live on that block is, in fact, the front loading garage.

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But we'll get more into that later. Thank you. All right. Thank you both.

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Thank you. So, MI 2024, 000767, 1425 Marlboro Street. That case is continued.

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Thank you.

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All right. Number 15, MI 2024, 000790, 324 South 17th Street. That case is continued. Attorney

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moving party. And number 17, MI 2024, 00079811 Scherz Lane. That case is continued. Are there

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any other requests for continuance? Good afternoon, Mr. Chair. This is Jason Hand. I will be your

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co-host again for the session. I see Sean Whalen with their hand raised. I have allowed them to

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speak. Good afternoon, Chairman. Mr. Whalen, could you state your name, please, and spell for the

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court stenographer? Certainly. Sean, W-H-A-L-E-N. Right. Do you swear or affirm to tell the truth,

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the whole truth and nothing but the truth yes i do what case uh this is 451 ron r-h-a-w-n street

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451 ron r-h-a-w-n street it's actually uh two appeals listed for this property

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ha 2022-851 and 856 i am representing councilman brian o'neill okay hold on do we do we see that

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hillary hillary what one's that neither of those cases are on the list for today

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okay so they they were formally removed i i do not know um they were not on

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the list for today and it's my understanding that those matters need a vote from the board prior to

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any further listings uh yes actually if that's the case then i'm i'm happy to uh to step back and i

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know uh uh meredith fairlager was on the call also just to make sure so if that's the case i'm happy

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with that and we'll await the board's hearing or the board's ruling yes yeah we will we will be in

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touch regarding those cases thank you okay thank you very much any other requests for continuance

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there are no further answers Mr. Chair

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and number two

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MI 2023

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005989

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3017 Diamond Street

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this is the second listing

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no exhibits

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Pierre Smith

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is the owner applicant pro se

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Mr. Smith

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um chair i have a hand raised from tyrone williams

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well he's you you can let him on he's from strawberry mansion

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okay maybe not speak i could you please good afternoon could you state your name please and

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spell for this stenographer. Sure. My name is Tyrone Williams, Tyrone, T-Y-R-O-N-E, Williams,

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W-I-L-O-I-A-M-S. Do you swear or affirm to tell the truth, the whole truth, and nothing but the

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truth? Yes, sir. So, Mr. Williams, I've called for the applicant. He has not answered yet. I do

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know that you have a letter that's in so i'm going to try one more time mr smith

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okay so mr williams you don't have to say anything i'm going to make a ruling now

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so mi 2020 mi 2023 005 989 3017 diamond street this is the second listing the first

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the listing, no one appeared. I vote to dismiss. Thomas Holloman, my vote is to dismiss.

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Ishmael Shaheed, my vote is to dismiss.

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We're going to go to our add-on list. So MI 2023-006-126-706-08 Porter Street, I vote no.

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thomas holloman my vote is no shaheed my vote is no

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or two mi2024-001-154-9201 james street i vote no thomas holloman my vote is no

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No, I hate my vote is no.

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Number three is a non-protunk request, 3612 North 16th Street.

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Alec Sokolov is the attorney.

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Mr. Sokolov.

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They've been allowed to speak.

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Mr. Sokolov, could you state your name, please?

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Yes, absolutely.

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Oleg Sokolov, O-L-E-G-S-O-K-O-L-O-V.

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on behalf of the owner of 3612 North 50.

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Do you swear or affirm to tell the truth,

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the whole truth and nothing but the truth?

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I do, in fact.

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Could you give us an idea

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why you would want this non-protein request?

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Personally, good afternoon, Chair.

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Good afternoon, members of the board.

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Very simply stated,

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this is a technical issue

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that we had with receiving emails from the city

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and we just were not alerted

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to the issuance of the refusal in a timely manner.

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And when we did, in fact, check, it was past the refusal period.

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I don't want to involve her, but Ms. Emerson and I have been having some issues with our emails going back and forth.

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So I think she can speak to the fact that I'm having severe technical issues with emails going to quarantine and things of that nature, which we've since resolved.

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But that was the issue with this property.

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And we request just leave the file up.

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and we request just leave the file up it was the refusal date was 131 we unfortunately caught it

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It was the refusal date was 130.

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and i emailed miss hemerson on march 15th okay so 3612 north 16th street my vote is request for

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non-proton is granted thomas holliman my vote is granted

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Ishmael Shahid, my vote is granted.

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Thank you, counsel.

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Thank you very much for the support.

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Have a great afternoon.

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Mr. Chair and Mr. Sokolov, for the record, the application for appeal must be filed by

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close of business next Friday, May 3rd, 2024, in order to be considered within the nonpartum

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period.

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Thank you.

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And Ms. Emerson, if I may, embarrassingly, this is my first non-pro-tunk.

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Will the Eclipse system open up to allow me to file, or do I need to file in a different manner?

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If you have challenges filing in the Eclipse system, please contact the ZBA staff, and they will work with you on that.

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Understood. I appreciate everyone's time. Have a wonderful afternoon.

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You too.

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Thank you. We're going to our regular list. MI 2023-004-549-1515, Wesley High Avenue. Raymond DeRizio is the attorney. I do not see an RCO letter, but the meeting was held on March 19, 2024.

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We were joining as a panelist, Mr. Chair.

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good afternoon mr chair members of the board raymond dorizio r-a-y-m-o-n-d-d-o-r-i-z-i-o

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i'm attorney for the applicant dorian noel property is 1515 west lehigh avenue do you

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swear or affirm to tell the truth the whole truth and nothing but the truth i do our vice chair has

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a few questions, sir. Good afternoon, counsel. Do you agree to

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waive the reading of the refusal or stipulate to its

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accuracy? Great. Have you emailed in all the required

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documents and exhibits that is needed to proceed with this case

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five days in advance of this hearing? Yes. Thank you. Please

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proceed and share your screen. Thank you. So I'm going to, if you bear with me, I will.

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So this is 1515 Wesley High Avenue, and here's the refusal. My client's seeking to get

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a multifamily, four units in the property. We did meet with the RCO

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back in March. This case was previously before the board and his, my client, Mr. Noel, his

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application was granted to have a four-family multi-dwelling back in 2009. It's noted

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on this refusal. However, his father became ill and he had to get away from the project,

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so he never proceeded. So we are back again today on this. This is his deed. He purchased the

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property in 2006. Here are his drawings. These are the same drawings he submitted previously.

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It's basically three stories. He's seeking to have a first floor front and rear apartment.

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The second floor will have two bedrooms. The third floor, I believe, is a one-bedroom apartment

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for the four units. This is the notice that he posted.

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and the appeal. I'm just going to scroll through this. The property is, used to be, looks like a

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corner store, basically. It's on the corner of North Hicks and Lehigh Avenue. There is a side

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entrance as well. My client has a small yard where trash will be kept. All of the residents will have

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access to that this is a photo of the street same side of the street cross hick street which is a

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a store um this is across lehigh avenue looking east this is across the street lehigh ave and

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this is going west um i also have some more photos if i could bring that up um essentially sorry

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oh this is the wrong one sorry i'm a little uh off i had to make separate

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make separate

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copies.

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So as far as his tax compliance, he was challenging his tax bill. He was under appeal.

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However, my client is resolving that. He went today and he resolved that. So he should be

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sending in that tax certification forthwith. These are some of the photos of the interior

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of the property. There's much work that needs to be done. My client's going to get started on that.

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You know, we were at the meeting. It didn't seem like there was any problem

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with my client's proposal. Again, he was approved for it last time and he's just

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trying to restart this project due to the illness of his father, which he couldn't complete.

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you want to bring your client on yes mr noel do you do you uh hear us

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mr noel please unmute and wait he's raised your virtual hand and wait to be sworn in

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chair doesn't seem like i um okay all right so counsel you're you're an officer of the court

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will take your testimony i do sorry one second i do see a hand raised from another raymond

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durizio i wonder mr durizio if that is your client hello hello mr noel i see you're under

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my name. Okay, Mr. Noel, were you listening? Wait, wait, wait, wait. Mr. Noel, could you

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please state your name and spell for the stenographer? Mr. Noel?

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Can you hear me? Yes. Could you please state your name and spell for the stenographer?

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