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Hearing audio

ZBA Hearing - February 4, 2026

Philadelphia Zoning Board of Adjustment (ZBA)Feb 4, 20264h 28m

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Good morning, everyone. The hearings will start momentarily.

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Thank you.

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morning everyone my name is bill bergman and i will be chairing this meeting of the philadelphia

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Zoning Board of Adjustment. With me is our Board Vice Chair, Tenetta Graham. Present, Mr. Chairman.

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Board Secretary, Cheryl L. Gaston. Present, Mr. Chairman. Board Member, Michael Johns.

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Present, Mr. Chairman. Board Member, Ty Wynn. Present, Mr. Chairman. And Board Member, Ryan McAdams.

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Present, Mr. Chairman. Also, here is our Board Attorney, Hillary Emerson,

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our Zoning Board Director, Ane Haggerty, and our Board Administrator, Lakeisha Dandy.

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Recording of this hearing will be posted on the ZBA website.

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By participating, you consent to be recorded.

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This is an in-person meeting with remote capabilities.

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Whether remote or in person, if you're called to speak, you must state and spell your name, then wait to be sworn in.

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Once you've been sworn in, please state your name each time before beginning your testimony.

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Any person may enter their appearance to become an interested party.

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You can identify the case property address in your Zoom webinar.

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You can see a staff member, or you can call the ZBA appearance line by the close of business tomorrow.

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Call 267-270-5548.

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Leave a message that includes your email address and the address of the property of the appeal case.

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Filing guidance is for our remote attendees.

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First, when directed by the chair, you must raise your hand, your virtual hand, in order to be recognized to speak.

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Second, if you're called to testify, you'll be prompted to join as a panelist.

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Please accept the request and turn on your camera.

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Third, the webinar Q&A is for questions about the hearing.

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Do not comment on cases in the Q&A.

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And fourth, if you are participating by phone, press star 9 to raise your hand and star 6 to unmute.

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For our in-person attendees, please refrain from talking, eating, or drinking during the hearings.

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Verbal and physical aggression will not be tolerated.

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Restrooms are across in the elevators.

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A water fountain is just outside the room to the right.

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When speaking on the record, you must speak directly into the microphone in order to be heard by all attendees and the court reporter.

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In the event of an emergency, please follow the directions given over the public address system or by the staff.

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The main exit is through the double doors at the rear.

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The nearest stairwell is to the left outside the doors.

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In case of an evacuation, the rally point is at Love Park directly across Hart Street.

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Please remain there so we can account for you.

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Let's look at our schedule for today.

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Number one, MI 2025, 000479, 5236 Rising Sun Avenue.

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This case is continued to 9.30 a.m. on 6-10-26.

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Number eight, MI 2025, 000685, 11920 Waldemere Drive, Vern Anastasia.

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11920 waldermere drive verne anastasio is the attorney and i saw also see the council

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person's office in the audience

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burn good morning mr chair this is jason handel will be your co-host for the session

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mr anastasio has been about to speak good morning mr chair morning vern um uh alice is here from

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the council person's office. So Vern, just for the record, state your name and spell for the

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stenographer. Yeah, it's Vern Anastasio, A-N-A-S-T-A-S-I-O, on behalf of Mr. Farouk El-Hadi,

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the owner of 11920 Waldemere. You swear or affirm to tell the truth, the whole truth,

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nothing but the truth? I do. Alice, could you please state your name and spell for the stenographer?

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You can sit down. Why don't you sit down? I mean, I know you're going to be quick, but

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why don't you sit down? Good morning, Chairman, members of the board. Alice Udovich, U-D-O-V-I-C-H.

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on behalf of councilman brian o'neill you swear or firm to tell the truth the whole truth and

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nothing but the truth i do alice why don't we start with you i would um on behalf of the

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councilman respectfully request a short continuance in this case uh due to extenuating circumstances

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that being the snowstorm the uh rco meeting was cancelled so we could make it short because

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we're expecting it to be a short hearing verne i do have to object mr chair we've been trying

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to meet with this rco for a long time however if this board has to do a continuance since there

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was no meeting held i do ask that it be a 30-day continuance because of the snow okay so judge for

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both of you i'm going to give it a normal date that we do and then what we'll do is we're going

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to look to see how we can get it in quicker so this is continued to 6 10 26 at 9 30 a.m

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but we will get back to both of you okay thank you thank you

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This paper's sticking together here.

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Number nine, MI 2025, 000686, 418 North Salford Street.

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That case is continued to 61026 at 930 a.m.

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And number 13, MI 2025-001-865, 1758 South Avondale Street at cases continue to 610-26 at 930 a.m.

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Are there any other requests for continuances?

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okay mr chair i have a hand up from jennifer bazitlo i will not them to speak oh that's right

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uh hello good morning council good morning would you please state your name and spell for the

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stenographer sure jennifer bazitlo b as in boy a is an apple z is in zebra y g is in david l is

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larry o is an oscar do you swear or affirm to tell the truth the whole truth nothing but the truth

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i do you have 6320 sackett street correct all right so that's a withdrawal though am i

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it's going to be a withdrawal i was just asked to put it on the record um sure thank you so number

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12 mi 2025 001 864 6320 sackett street that case has been withdrawn thank you sir all right we're

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to go back to number five

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mi2025 000 594 73 11 to 17 oxford avenue um we have no exhibits for this this is the second

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listing ling chang and jan fine lin are the listed owners and the applicant is alicia walker is anyone

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in the audience chair i do not see any hands raised for that matter this is second listing

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we still don't have um our documents so mi 2025 0 0 5 9 4 73 11 to 17 oxford avenue

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this i recommend to dismiss michael johns my vote is to dismiss

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Cheryl Gaster, my vote is to dismiss.

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Tanetta Graham, my vote is to dismiss.

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McAdams, my vote is to dismiss.

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Iowen, my vote is to dismiss.

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Number 15, MI 2025-004525, 451 to 55 East Wyoming Avenue.

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This is the first list and we have no exhibits.

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Annabelle Ramirez Santos is the listed owner.

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USA Remodeling Construction.

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Chair, once again, I do not see any hands raised for that matter.

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Chair, once again, I do not see any hands raised for that matter.

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So this is the first listing. So MI 2025 004-525-451-55 East Wyoming Avenue. This case

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is continued until 610. Somebody's here? Oh, come on up. Come on up. I'm sorry.

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Why don't you sit next to the mic?

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good morning so this is your first listing uh first of all state your name and spell for the

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stenographer my name is my name my name is really castillo um i want to continue my case

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okay sir can you can you just say and spell your name again please you can leave leave it on it'll

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say on just leave it on you spell the name please for the stenographer um okay so do you

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need a spanish interpreter for your hearing yes okay are you the owner of the property or are you

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leasing, renting the property? He's leasing the property? Okay. All right. So are you leasing

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the property individually or through a company? Okay. All right. So you can represent yourself,

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but we will make a note that you need a spanish interpreter um we do not have any of the required

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exhibits um for the case so we cannot hear it today we also did not know that you needed an

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interpreter so we will make sure you have it we have an interpreter for you next time right so

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mi2025-004-525-451 to 55 east wyoming avenue this case is continued to 6 10 26 at 9 30 a.m

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Thank you, sir, for coming in.

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Number 16.

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MI 2025-004-643-6144 Van Dyke Street.

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Alina Misnagat, Najin is the listed owner.

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This is the first listing.

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We have no exhibits.

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chair i do not see any hands raised for that matter so so mi 2025 004 643 6144 van dyke

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street this case is continued to 6 10 26 mark must be heard we're going to go to our add-on list

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First, number one, MI 2025, 004-480, 100 East Wyoming Avenue, I vote yes.

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Michael Johns, my vote is yes.

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Cheryl Gaston, my vote is yes.

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Tanetta Graham, my vote is yes.

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Ryan McAdams, my vote is yes.

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Ty Owen, my vote is yes.

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Number two, MI 2025-005-590-4814 Trinity Street, I vote yes.

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Michael Johns, my vote is yes.

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Cheryl Gaston, my vote is yes.

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Tanetta Graham, my vote is yes.

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Ryan McAdams, my vote is yes.

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Byowyn, my vote is yes.

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So 6930 Ardley Street, Christina Kristall is the applicant.

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This is a non-protunk hearing.

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leonard reuter is here alan knockamson is here and uh

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mr whalen are you representing the appellant in this case no i am represent sorry uh sean whalen

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w-h-a-l-e-n i'm here on behalf of uh councilwoman cindy bass okay she is okay she she is not a party

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to this case though uh she will be intervening in this case um but we can't even no we cannot

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we cannot do that she has to file a separate appeal i understand the board's position but i

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would like to make a record because i believe that it is incorrect and appealable and just

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i know this is not a straightforward matter we do this why don't we we all worked out an agreement

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so what was what agreement because there was no discussion why don't we do this why don't we do

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this uh why don't i um leonard why don't you go first okay so uh i don't want to get your hopes

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up too high we have we have let's wear people in okay give me a chance give me a chance spell your

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name for this sorry thank you uh leonard reuter r-e-u-t-e-r right do you swear or affirm that

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tell the truth the whole truth nothing but the truth i do mr knockamson you're a party to this

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mr knockamson you're a party to this case uh yes i represent the property owner could you give me

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case? Yes, I represent the property owner.

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your name and alan knockamson a-l-a-n last name's knockamson n-o-c-h-u-m-s-o-n and hillary we should

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probably swear in the applicant am i right correct right so why don't you you the app

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okay could so christina christelle please

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okay i'm sure sorry to interrupt but i also have a hand up from a richard creamer yeah

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that's it why don't you let her one please understood

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i promoted them they'll be coming back in shorter

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good morning

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mr creamer is your christina there uh christina is not there the appellate the

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appeal was filed at al and i'm an equally interested party and she's asked me to speak

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for the board to the board today no i'm sorry sir you you she filed the appeal in her name

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we have been in communication with her she has to present the appeal is there no recognition

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of the et al in the appeal filing the et al would need to be explicitly listed and in this case it

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is not correct why don't is she there why don't we just not here otherwise she would be speaking

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we'll have to continue the hearing then well no i would object to that i mean if she didn't show

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up to the wait a minute wait wait wait um i started off by leonard could you comment here

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first sure uh so just to get the main thing from our point of view the city's point of view out of

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the way is um the city's not taking a position on sure the request for the non-proton because

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that depends upon notice issues at the site that we don't have any independent knowledge okay in

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terms of when it was suggested that there is an agreement i i just want to say that we we have

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reached an agreement to make the make a request of the board which would be subject to the board

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and the board's council which is to preserve i would and certainly the city would have no objection

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TO PRESERVING THE ISSUE OF WHETHER OR NOT THE APPEAL A LATE APPEAL SHOULD PROCEED BUT NOT

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NECESSARILY WE WOULDN'T REQUIRE THE BOARD TO MAKE A RULING ON THE NUNK PROTUNK AND THEN JUST

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SIMPLY LIKE ROLL THAT INTO THE UNDERLYING CASE SO THAT WE CAN JUST HAVE WHAT AGAIN I SAID IT WAS

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SUBJECT TO THE BOARD AND BOARDS COUNCIL THE IDEA BEING BECAUSE YOU KNOW IF THERE'S A RULING ON

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THE NUNK PROTUNK AND THEN THAT GETS APPEALED AND THEN YOU KNOW WHO KNOWS IT COULD COME BACK

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and then we're back here like a year or two years later on the underlying case we were just hoping

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there might be a way to just simply just deal with everything at once and we haven't accepted

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the appeal yet so we can't roll the non-protonk into the merits non-protonk is to determine

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whether the board will even accept the appeal okay then then in that case um you know and

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that's fine i totally respect that's why you know we weren't just saying we were doing this we were

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asking the board if we could do that uh since it appears and i totally understand that we can't do

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that um again we're not taking position on the non-proton but it does seem that you know if the

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appellant's not here that the matter should be dismissed does it impact the board's decision

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chair can i just i'm looking at the cover letter that's dated december 26th of 2025 that was

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sent to the philadelphia zoning board of adjustment that's time stamp stamp december

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29th, and

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it states, this appeal

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proceeds in the name of Christina

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Christo, an affected neighbor.

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That's on the cover.

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So, I mean, there is... Well, that's why I stopped

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up protesting. Yeah. Okay. So, do you have any other

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comments? No? Okay.

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I think we should continue it, right?

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I think, in fairness,

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the appellant, we should continue it because

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she... We'll continue it for when the appellants

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to be here. I just want to say, she

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is not represented and did not

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