civus
Hearing video

ZBA Hearing - February 8, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Feb 8, 20234h 56m

City plan has no objection to granting the business.

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Thanks.

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MI-2022-005301, 3233 West Huntington Park Avenue, my vote is yes.

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Thomas Holloman, my vote is yes.

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James Snell, my vote is yes.

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Thank you all very much.

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Thank you.

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Okay. Likewise. Number 10, MI-2022-005240, 2842-44th Thomas Street. Joseph Counsel.

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The attorney.

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Joe Counsel.

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Good morning or good afternoon. Pardon me.

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Good afternoon. How are you, Counsel?

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So state your name and spell it for the record.

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It is Joe Consul.

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That's J-O-E, last name C-O-N-S-O-L-E.

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You swear to tell the truth, the whole truth, and nothing but the truth.

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I do.

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Please tell us your relation and connection to this client.

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The owner is Maureen C. Moore, and she's on the call.

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Okay.

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Thank you so much.

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Our board member, Thomas Holloman, has a few questions to ask you.

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Do you agree to waive the reading and refuse to speculate to his accuracy?

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I do.

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Did you email all the exhibits and documents as required?

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Yes.

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Did you meet with the RCO and you have a letter?

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Yes, to all.

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Thank you.

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Please proceed.

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Good afternoon, board.

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Pardon me?

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All you.

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All right, cool.

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So 2842 to 44 Salmon Street.

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It's the corner of Salmon and Auburn Street.

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Maureen Moore bought this property on July 15th of 2015, or pardon me, July 26th of 2015.

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Just prior to her purchasing it on July 21st of 2015, this was approved for use as a two-family dwelling.

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She bought the property a week later and never pulled the licenses needed to maintain this use approval.

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So you can see it was approved there.

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It was approved there in the system.

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The reason I bring that up is because this property is, from the looks of it on the outside, as you can see in this picture, two sort of separate units side by side.

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It's one address. As far as we can tell, it's been this way for 100 years, two properties right next to each other that now have one OPA number and are a single family zoned home.

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However, the properties are separate on the inside completely.

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However, the properties are separate on the inside completely and, in fact, share separate basements.

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There's not even a common basement space, and I'll go through those photos in a second.

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Here's another shot of the front.

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But the reason we're here is we are seeking to get the approval for the variance that was approved in 2015, right prior to Miss Moore purchasing it.

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And obviously, that was the reason why she bought it. And her being green to the permitting of the city, she did not get what she needed in order to maintain this variant. So three years went by, it expired, and now she's trying to get it back again.

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And we, the original RCO was ProPAC, but for some reason this time around, it was South Port Richmond Civic.

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We got their support as well.

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It was a well-attended meeting, and there was 19 in support, three in opposition, but it was a well-attended meeting.

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Again, scroll through some pictures.

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this property has never been anything but this as far as all of the sort of old school neighbors

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that showed up to the meeting attested to you know appears to be two properties but it's one

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address and we need to be able to get two licenses for the property hence our variance request

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there's that shot again just showing the meters the here's the inside of the left face if you're

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looking at the property the inside of the property to the left they we're calling that 2842 because

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the address is 2842 to 44 so that's one some other shots here's 2844 the internal of that property

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and some shots of that internal as i said the basements aren't connected the systems aren't

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connected for all intents and purposes it's two properties and uh always has been that way so

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again we're including all of our necessary documents at the end tax clearance here's

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the previous approval from propac in july of 2015

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and the floor plan that had been submitted at that time with that application not very

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detailed but it kind of gives you an idea of the breakout of everything each unit has

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its own laundry area one of them has an extra toilet actually they both do

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With that, I'm going to call my client, Ms. Maureen Moore, to raise her hand and adopt my testimony.

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Ms. Moore?

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There are no hands raised at this time, Chair.

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Maureen, can you raise your virtual hand? I'm texting with you, so I know you're here.

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I see her.

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Yes, I have her.

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Ms. Moore, please unmute yourself.

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I have.

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Good afternoon, Ms. Moore.

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Please state your name and spell it for the record.

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Good afternoon.

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Maureen, M-A-U-R-E-E-N, Moore, M-O-O-R-E.

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Thank you.

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

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I do.

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Proceed, counsel.

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Good afternoon, Ms. Moore.

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did you hear my testimony right now regarding uh your property i did do you agree with what i said

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and do you adopt it as your own i do i have nothing further questions from the board no mr

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chairman no mr chairman uh council i have one question uh yes sir i don't see that we received

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the rco letter from you uh it was in the packet um hillary did you receive it later uh yes it was

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it was in the packet mr chair the letter there was a recommendation of support from the south

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port richmond civic association i got it up on the screen now chair oh yeah i think i think you

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go through it i just know it was here okay uh questions from the virtual audience

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i see no hands chair planning commission uh ron bednar city planning properties

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currently indicated for residential in the city plan we recommend the question variance be granted

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okay thank you mi-2022-005240 2842-44 solomon street i vote yes

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thomas holliman my vote is yes

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Thomas Holloman, my vote is yes.

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James Snell, my vote is yes.

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Congratulations, counsel.

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Thank you. Have a good afternoon, everyone.

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All right. Do the same.

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Is there anyone in a virtual audience case

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has not been heard for the two o'clock list?

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I see no handshare.

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We'll take a five-minute break

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and for staff to, you know, exercise their legs for a second.

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We'll get started in another five minutes.

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Okay.

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Thank you.

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Thank you.

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Thank you.

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Thank you.

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Thank you.

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Thank you.

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Thank you.

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Thank you.

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Thank you.

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I don't know.

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Thank you.

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Thank you.

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we have everyone here everyone's back

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yes mr chairman yes sir this is the court reporter yes sir i'm here we're recording

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okay start are we recording yes we are recording and everyone is in chair thank you

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good afternoon my name is ishmael shaheed and i'm chairing this afternoon zba hearing with me

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is board member thomas halliman president mr chairman board member james snell

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present mr chairman we also have our alternate on the line the baron leonard palmer

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Also present here is Hillary Clinton, Hillary Emerson, excuse me, board attorney, and Lakeisha Dandy, a ZBA hearing supervisor.

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Before we begin, here is our virtual format.

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Number one, please be advised that the proceedings are being recorded.

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A video will be available by contacting Tanya Sunkett, Tanya Sunkett at phila.gov.

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Number two, for the benefit of our court sonographer, we ask attorneys and witnesses to identify themselves before testifying.

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Number three, if you are participating by phone and you wish to testify, please press star nine to raise your hand or star six to unmute.

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To enter an appearance statement, call 267-270-5548 and leave an email in the address that you're speaking upon, and we will get back to you.

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Lastly, 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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we're going to start first with our continuances hillary are you there yes i am mr chair

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um so uh number eight um needs to be continued uh due to a lack of exhibits um that is mi dash

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2021-004-660-1233 East Luzern Street. This is the third listing.

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Thank you. All right, so we're going to continue that.

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Okay, and then we also have a withdrawal. That is number four on the list, MI-2022-005-389-4001

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Grant Avenue. Okay, we'll go ahead and continue that as well. That's a withdrawal, Mr. Chair.

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I mean, withdrawal, excuse me, yes. Okay, that's a withdrawal. And then we have one case.

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Well, let's first ask if there are any other requests for continuance or withdrawal.

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I see no hands. I'm sorry, your hand just went up.

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okay uh i'm sorry jojo last name ending in v please speak hi good afternoon

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Good afternoon. Please state your name and spell it for the record.

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good afternoon please please state your name and spell it for the record my name is jojo joyce

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My name is Jojo Joyce Vargas, J-O-J-O, that's the first name, last name, Joyce, J-O-I-S-E, space, V-A-R-U-G-H-E-S-E.

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Okay, and what property are you calling in regards to?

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9722 Valley Avenue, Philadelphia, PA, 19115.

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We haven't called that yet. We'll be calling that shortly, sir.

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Okay, sorry about it.

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Please hold on. Give us one second.

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All right. So do we have anybody else in the virtual audience that needs to continue or withdraw the case?

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I see no other hands, Chair.

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All right. We'll go to our new exhibits. Hillary?

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Yes. One other note, there was an interpreter who was present for 1233 East Luzerne Street.

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That individual can be dismissed.

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we are not sure what their name was but someone was here for interpretation they can be dismissed

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um going to the no exhibits list uh number one mi-2022-005-386-2416 north clarion street

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there's no exhibits and this is the first listing the enlisted owner of the property is dn capital

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llc okay see no hands at this time okay you want to continue that we're going to continue this case

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all right that is that is all the cases on continuance withdrawal no exhibit

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All right. We have no add-ons for the 330, so we're going to go straight to our regular list, and we're going to jump to number six.

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You hear this one first. MI-2022-005423, 9722 Wiley Avenue. Jojo Jose?

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he's coming back in as a panelist

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thank you

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please state your name and spell it for the record again please

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sure good afternoon sir

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my name is Jojo Joyce Vargas

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first name J-O-J-O

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last name Joyce J-O-I-S-E

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space V-A-R-U-G-H-E-S-E

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do you swear to tell the truth

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the whole truth and nothing but the truth

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yes I do

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Our board member Thomas Holloman has a few questions to ask you.

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Good afternoon, sir.

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Good afternoon.

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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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Did you meet with the RCO and do you have a letter from the RCO?

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so um i met with um um the rco uh two times the first meeting they scheduled was on december the

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13th and they had some technical issues uh on the zoom and they rescheduled me on 1 24 and i did try

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to press and then it didn't work they couldn't hear anything but i could hear them so um jack

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his name heathen that letter uh i said this morning um stating that it needs to be um rescheduled

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okay all right we'll proceed and share your screen and we'll work through that as we get

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through the uh work ourselves through the case

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not a share

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It's a green share button at the bottom of the button.

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Yeah.

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So we posted for a variant.

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Mr. Holliman, can you press mute, please?

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I'm sorry.

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All right.

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Yes.

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I'm sorry.

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Absolutely.

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So for a variance to go the front Porsche and the carport.

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And this is the drawing.

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And I do have the refusal letter.

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All right.

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This is a tax clearance form that submitted and the deed.

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