civus
Hearing video

ZBA Hearing - June 1, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Jun 1, 20225h 8m

Thank you.

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Chair, we have 46 attendees, and we can start when you wish.

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Thank you.

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Good morning.

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My name is Bill Bergman, and I will be chairing this morning's EBA meeting.

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With me is Carol Tenere, our vice chair.

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Present, Mr. Chairman.

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Ismail Shahid, our Board Secretary.

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Present, Mr. Chair.

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And Thomas Holliman, our Board Member.

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Present, Mr. Chairman.

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Also here is our Executive Director, Tanya Sunkit, and our Board Attorney, Hillary Emerson.

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Before we begin, here is our virtual format.

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Be advised these proceedings are being recorded.

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By participating, you knowledge agreements will be recorded.

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The video will be available by contacting tonyasunkett at phillip.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'll participate by phone, if 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 and finally please note the question

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answer box is not for testimony or comments any comments should be directed to our executive

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director tanya sumby so let's look at our continuances first for this morning's hearing

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Number seven, MI 2021-001-001-2500 Wilmont Street.

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Number eight, MI 2021-001-108-2500 Wilmont Street.

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Number 10, MI 2021-002-889-2949-51 North Phillip Street.

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Number 11, MI 2021-003-092-41 North Robinson Street.

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And number 14, MI-2022-002-637-7248 Rising Sun Avenue.

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All these cases are continued.

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Is there anyone has any comments relative to the cases?

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Mr. Chair, this is Hillary.

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Number seven and number eight, the two 2,500 Wilmot Street cases,

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those are attorney moving party requested for continuance.

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Thank you.

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Any other comments for the continuance?

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I see no hands, Chair.

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Okay.

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I also have a withdrawal.

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MI 2021-003085-648-50-North 40th Street.

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This case is withdrawn.

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Any questions or comments relative to that?

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Are there any other withdrawals?

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chair we have joseph vaccaro okay

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good morning can you hear me i can could you state your name and spell for the courtroom

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floor to please certainly may please the board joseph vaccaro v-a-c-c-a-r-o attorney for the

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applicant hermes orozco the property address is 4841 north 6th street and i'll give you the

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mi number 2021-03057 this is the applicant's request for a continuance

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first do you swear for him to tell the truth the whole truth and nothing but the truth

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yes i do okay and what was the what case number again mi 2021-003057 okay thank you

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0 0 3 0 5 7. Okay. Thank you very much. The cases continue. Thank you very much. Have a good day.

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Okay. Any other requests for continuous withdrawal?

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I see no handshare. Thank you. We're going to go to our add-on list.

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number one on our add-on list mi 2021 004041 1820 west fedango street the vote on this matter

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will be held until wednesday july 13th at 9 30 a.m the record will be reopened only for receipt

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of letters from council member bass and the new coordinating coordinating rco informing the board

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of the outcome of the upcoming meeting. That case will be heard on July 13th. Number two.

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MI 2022-001-067-2100 to 12 East Rush Street. I vote no.

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was i present for this hearing you were uh carol tenery my vote is no

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thomas holloman my vote is no

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it's no shaheed my vote is no thank you

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am i number three am i 2022-001-293-2100 the 20 west allegheny avenue

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I vote yes with proviso uses as permitted in CMX 3 at first floor and basement levels in addition

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to accessory storage and basement use permit is required prior to occupancy for CMX 3 uses

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Harold Tenere, my vote is yes with provisos.

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Thomas Howell, my vote is yes with provisos.

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Ishma Shaheed, my vote is yes with provisos.

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Thank you. We're going to go to our regular list and I want to start with number six.

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MI 2021-003-139-2400 North Howard Street. Sean Ward is the attorney.

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letter of support from nara square community alliance letter of non-opposition from council

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member sanchez

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mr ward good morning mr chairman sean ward on behalf of the applicant oh geez could you could

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

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Yes.

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Sean, S-H-A-W-N, last name Ward, W-A-R-D.

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Address is 331 East Street Road, Trevos, PA-19053.

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

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Yes, I do.

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Our vice chair has a few questions, sir.

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Good morning, Mr. Ward.

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Number one, they must have dramatically changed street road.

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but my question is do you agree to waive the reading of the refusal and stipulate to its

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accuracy yes i do have you emailed the exhibit packet with proof of ownership tax compliance

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a copy of the refusal or referral photos and or plans of the property five days in advance of

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this hearing and have you met with the rco and do you have a letter yes to all the above okay you

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may proceed. Thank you very much. Mr. Ward, if possible, could you identify your client and

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relationship to the property? Yes, sir. On the screen now, if everybody can see it, is my exhibit

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packet. I represent Ariane Kopani, that's A-R-J-A-N-K-O-T-A-N-I, and Aida Dautaj. They are

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the owners and applicants for this property. IATA is also on the call. She can verify and adopt if

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she doesn't have any technical difficulties under she's doing so by her phone. This is my exhibit

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packet. It includes A1 through A13, I believe. Yes. A1 is the notice of refusal. This is an

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application for a use permit for a prepared food shop. It's a coffee shop at the first floor of an

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existing three-story structure with previously approved two apartments above. It resulted in

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one referral to the board. Prepared food shops require special exception approval and accordingly

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we seek that approval today. A2 is the application of appeal. A3 the project information form.

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A2 is the application of appeal. A3 the project information form. A4 is proof of ownership. A5

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tax clearance. A6 is a site map. A7 is a floor plan of the first floor. A8 are photographs. A9

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is the letter of support from Norris Square. If submitted I would ask that the district council

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letter be marked as A10 and we have the relevant zoning history. I did a survey. 2013 it was a

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daycare at the first floor, 06 and 97, a restaurant at the first floor, 92, a social club at the first

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floor. From 1970 through probably 1992, it was an ice cream parlor with two apartments, and in 1968

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and 1953, permits were issued for grocery stores to apartments. A12 is the zoning map, A13 is the

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aerial photo. So very quickly, we have our notice of refusal to CMX one property. And the only

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referral says refusal, but it's referral is special exception approval for the use.

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We have the application of appeal, the project information form, copy of the deed.

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Proof of tax clearance, as you can see, they're a little overpaid. Here is the site location map

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with the D map from the Atlas, the property is located at North Howard Street and West York

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Street. With regard to the floor plan, as you can see the entry at the front corner as depicted in

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the photos to follow, it depicts seating for approximately 24 patrons with your typical

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service counter, no open flame cooking, all pre-packaged items heated in a microwave or

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convection oven and an ADA accessible bathroom. Basement access that's used for storage and

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utilities. As far as photographs, this is a Google angle shot. I've shown the property before any

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renovations. Copy of our zoning poster posted on the subject property. Another Google shot prior

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to renovations. Currently, the property is under renovations. The apartments are complete. The

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upper floor exterior is complete the downstairs exterior we're waiting zoning approval to

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continue with our permit process again another shot of the exterior

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as you can see it's finally appointed all new windows siding etc general renovations

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interior renovations to the first floor just basically flooring lighting and wall finishes

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no other uh interior finishes have been completed copy of the letter of support from norris square

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as you can see uh 12 in favor one opposed they did have a few uh provisos local residents be

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prioritized for hiring at the shop hours of operation be decided and reported to

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norris square we um we we have a general idea what the hours will be uh the outside areas be

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kept clean of trash daily. So we did actually submit a proviso letter to them. With those three,

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we did indicate that the hours of operation would probably be 7 a.m. to 7 p.m. Sunday through

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Saturday. Here's a copy of the zoning map. As you can see, again, it's on CMX. Well, it's a CMX2

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here. It's a CMX1 on the refusal or referral. And then another aerial photo. That is the sum

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and substance of the project, they look forward to completing their renovations and opening the

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coffee shop for business. If the chair wishes, I can have Aida sworn in, and she can verify,

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adopt, or as an officer of the court, I can stipulate that she would, in fact, verify my

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representations as true and accurate, and adopt them as her own testimony.

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Being she was having some technical issues, we'll take you as an officer of the court,

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the testimony is fine. Questions from the board? No, Mr. Chairman.

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Questions or comments from the board? Thank you. Questions or comments from the virtual audience?

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See no hands, Chair. Planning Commission? Good morning, Chair Bergman. Ian Hegarty for the

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Philadelphia City Planning Commission. Last name spelled H-E-G-A-R-T-Y. Do you swear or firm to

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tell the truth the whole truth and nothing but the truth yes sir i do proceed thank you good

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morning board members uh this proposed special exception we don't believe will cause detrimental

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impacts to the neighborhood beyond what might normally be expected for the use so the city

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planning commission recommends that the board grant the special exception thank you mi 2021

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003 139 2400 North Howard Street. I vote yes with provisos. Hours of operation Sunday through

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Saturday 7A to 7P. Carl Tenere, my vote is yes with proviso.

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7A to 7P.

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Harold Teneri, my vote is yes with proviso.

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Thomas Holloman, my vote is yes with proviso.

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Ishmael Shaheed, my vote is yes with proviso.

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Thank you, Mr. Chairman.

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That concludes my business until 2 o'clock.

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Can I be excused?

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You can.

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Thank you.

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Thank you very much.

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number one on the regular list mi 2021 002 906 134 west loray street

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we have no exhibits for this this case could the owner please identify themselves

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i see no handshare okay this is the second listing we still have no exhibits

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mi 2021 002 906 134 west laray street i vote no to this it is withdrawn

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sir are we dismissing it yes okay carol tenere my vote is to dismiss

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Thomas Holloman, my vote is to dismiss.

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Yes, no, Shahid, my vote is to dismiss.

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Thank you.

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MI 2021-004-355-1627-South 20th Street.

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Letter of support from Point Breeze Community Development Corporation.

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um also concerned citizens of point breeze participated in the meeting but chose not to

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vote applicant also has a petition from four near neighbors

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roe roe kaskarti is the owner pro se

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yeah he's coming back in as a panelist thank you

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good morning good morning your honor good morning could you state your name and spell for the court

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reporter please yes first name rohit r-o-h-i-t last name k-a-s-u-k-u-r-t-i right do you swear

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affirm to tell the truth the whole truth and nothing but the truth yes sir our vice chair

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has a few questions for you sure hi do you agree to waive the reading of the refusal

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this is a pro se case wait one second um i'm sorry oh thanks i i just recognized that um strike

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whatever i just asked and i begin again have you emailed the exhibit packet with the required

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documents consisting of proof of ownership tax compliance a copy of the refusal or referral

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photos and or plans of the property five days in advance of this hearing and have you met with the

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rco and do you have a letter yes okay you may proceed and please share your screen

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i'm sorry madam vice chair this is tanya yes may i may i request that you read the beginning

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into the records

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the refusal information

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everything in cap

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wait a second

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where is this

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I have it here

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Carol if you want

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I don't know why

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this is the regular

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I have it sure I have it

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for the creation of one

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off street accessory surface

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parking space on rear

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of an existing attack structure

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to continue

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use as

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for household single family

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dwelling.

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Thank you.

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Sir, you may proceed.

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Okay. Do you mind sharing

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it with the other device I have?

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I can't find this.

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so are you using one device to talk and another device to share your screen that's correct so

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did you raise your hand for the other i just did now i'm joining staff if you could promote that

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device to panelists and if you could start make sure the one that you're using to share

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it's on mute and then you may share your screen once you're ready okay thank you

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