civus
Hearing video

ZBA Hearing - June 1, 2022

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

at 746 north bucknell street i'm just north of this property right do you swear or affirm to

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tell the truth the whole truth and nothing but the truth yes i do proceed uh my concerns are i i did

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send a letter and i just want to i think you had mentioned that you recognize that you received the

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letter with my comments.

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I'm just concerned that the VFW is a single-story building, and I will be able to see this deck from my back garden.

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I'm just

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concerned that the VFW

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is a single story building.

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That's my first concern.

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My second concern is concern for the neighbor to the west.

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You can see that they're building a walkway out into the light well, the shared light well, and this is going to block the light and air from the neighboring house.

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um also i noticed that there's posts within 18 inches of the property line i understood that

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that was not permitted that any deck support needs to be uh further than 18 inches away from

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the property line um and i just think this deck is just elevated too far off the ground at the

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third floor it's just you see how long those columns are and it's just going to be imposing

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both on me and the neighbor to the west i know that the stoning provides you know how to access

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a deck and on a roof and i think i don't really i don't know what the hardship is here but i don't

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see it and i think that it can be easily accessed some other way without you know requiring variances

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thank you thank you for calling are there any other comments or questions from the virtual

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audience. I see no hands, Chair. Chair? Yes. You're breaking up, Chair. Can you hear me now?

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Yes, I can. Okay. Mr. Seapus, do you want to respond to that? Yes. The concern with the

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neighbor to the west hello yes concern with the neighbor to the west we if you saw the letters we

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got from all our near neighbors uh our neighbor to the west supported the deck all right thank you

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planning commission thank you chair bergman ean hegarty for the philadelphia city planning

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commission members of the board the comprehensive plan recommends no change to the single family

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zoning on this site it's our view that the proposed dimensional variances are minimal here

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and they do not conflict with the purpose and spirit of the zoning code the city planning

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commission recommends that the board grant these variances thank you mi 2021-002-917-2327

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aspen street i vote yes carol scenario my vote is yes thomas holloman my vote is yes

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yes my vote is yes thank you thank you sir thank you thank you good luck

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mi 2021 004 692 2814 west style street

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letter of support from brewery town sharpswood community civic association

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christopher dean is the attorney

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mr dean please unmute yourself

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good morning mr chair and members

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

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Yes. Christopher Dean, last name D-E-A-N, and I represent Jake Washburn and Lydia Colina.

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

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Yes.

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Our vice chair has a few questions.

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Hi. Good morning. Do you agree to waive the reading of the refusal and stipulate to its accuracy?

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Yes.

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Have you emailed the exhibit packet with proof of ownership tax compliance, a copy of the refusal or referral, photos under plans of the property, five days in advance of this hearing, and have you met with the RCO, and do you have a letter?

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Yes to all.

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Okay, great. You may proceed, and please share your screen.

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Good morning. As I stated, I represent Jake Washburn, Lydia Colina.

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Also present today, if needed to yield any questions, is Jay Washburn and the design professional Ben Estepani from Pace Architecture.

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This is an application for a one off-street open-air parking spot in the front yard where the mouse is pictured at 2814 West Stile Street.

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I'll briefly just go through the packet.

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This is my client's deed.

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This is the copy of the refusal, project information form, our letter of

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project information form uh our letter of support we did meet with the brewery town

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sharswood community civic association uh we had 28 in favor 12 opposed and here is the attached

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letter we do my client's tax clearance we can supplement with a um this was submitted in may

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so we can supplement if the board requires the june clearance as well

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this was our notice of the of today's zoom um zoom hearing and these are the accompanying proof of

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mailings okay here's a picture uh this is so 2014 is the white house my client's property uh this

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is the south side of the street there is no parking on the south side of the street um my

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My client's proposed proposed the curb cut will not interfere with the sidewalk.

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It will not even interfere with the stairs pictured at all.

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My client has a compact car.

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It'll all fit right here.

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The reason behind this application, my client's mother-in-law is partially disabled.

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They are expecting a child.

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They will need help with the child care.

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This will also create one less parking spot to have competition with in the neighborhood.

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I do have the design professionals here to discuss if anyone has a question about the turning radius.

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There is a provided, this is how it would look driving down the street.

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So there's no parking on the south side.

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Here's where we park.

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And just up the street at 2844 West Stiles is a similar, same turning radius.

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There is a driveway and a parking garage, so it would be the same exact turning radius at 2844.

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And there's another picture of the property.

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So it would all here, it would not even extend, the car would not even extend to where these stairs are.

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It'll be where the fence is.

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And here's a copy of the notices posted on the property.

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And we also have the streets pre-approval back in October.

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so with that i'd be happy to um take any questions thank you do you want to have your

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testimony adopted by the owner yes i would

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could you have them raise their hand

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jake if you're

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yeah hi this is jake watchburn hi could you state your name and spell for the court reporter

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Jake, J-A-K-E, Washburn, W-A-S-H-B-U-R-N.

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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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Proceed.

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My wife and I are applying for the open-air parking space in front of our house for a compact car,

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parking in Brewery Town, given all of the multifamily development,

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as well as us being directly behind Gerard Avenue

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has created just a terrible parking situation.

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We have one car.

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We would like to take that one car

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out of competition of everybody else trying to park

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and put it into the front of the driveway.

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Our baby is due September 15th.

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My mother-in-law is partially disabled.

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It would help a great deal

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if she'd be able to come into the driveway

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for our child

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and just to improve just by incrementally

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the parking situation on our particular streets

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because it is often the overflow of people on Troy Avenue

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and other people in the area that want free parking

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tend to come to our street for that.

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Okay, thank you.

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Questions from the board?

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No, Mr. Chairman.

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No, Mr. Chairman.

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No, Mr. Chairman.

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questions or comments from the virtual audience

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i see no hands here planning commission thank you chair bergman ean hegarty for the philadelphia

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city planning commission chair bergman uh if it's okay can we have the applicant state

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the uh distance between the front of the property of sorry the front of the structure

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and the property line you can it's 16

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say it again i believe it's 16 feet 16 feet again okay thank you very much i appreciate that

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members of the board the comprehensive plan recommends no change to the existing rsa 5

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single family zoning at this location um for use variances such as this we expect to see

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evidence of unique physical conditions or uh um of the property we haven't seen that here

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We also are instructed to find that a variance would be necessary.

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We also are instructed to find that a variance would be necessary to enable viable economic use

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of the property. We also feel that this has not been demonstrated. The applicant's particular

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circumstances including ownership of a compact car and the particular family members are not

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germane to the hardship here because they granted the variance would of course far outlast

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this applicant's occupancy of this particular property. This proposed driveway increases the

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danger to public safety by creating a conflict with pedestrians. We believe that any car other

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than a compact car would protrude into the footway of this street and create a danger by forcing

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pedestrians into the cartway. And finally, the proposed driveway we feel conflicts with the

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characteristics of the surrounding neighborhood. For all these reasons, the City Planning Commission

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recommends that the board deny this variance. MI 2021-004-692-2814 West Style Street, I vote no.

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Carol Tenere, my vote is no. Thomas Holloman, my vote is no. Mr. Mayor Shahid, my vote is no.

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I think

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I think we're done

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for the morning list

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is there anyone in the virtual audience

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whose case has not been called

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Chair we have Rachel Pritzker

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sure

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good morning

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did I miss your case

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you did chairman but that's okay which one is it uh 46 28 wayne avenue

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okay where is that this is hillary rachel that's on the 2 p.m list

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oh i have it on nine i have it at 9 30 but tanya had emailed me a while back but that's okay i'll

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be back at two if that works thank you thank you rachel i got a little nervous

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no worries no worries i'll see you guys at two is there anyone else in the audience whose case has

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not been called okay here thank you excuse me chair we have one calling user no uh that's the

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calling user from before we don't have to unmute her okay what about dante leonard as the chair

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wish sure mr leonard please unmute yourself

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yes could you guys hear me now we can could you state your name and spell for the court reporter

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dante leonard d-a-n-t-e leonard o-n-a-r-d right you swear for him to tell the truth the whole

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truth to nothing but the truth oh yes sir what case are you talking about sir 648 to 50 north

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40th street i know i stepped away that that's when the case has been withdrawn i announced

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that in the morning oh it was withdrawn okay i didn't withdraw the case is gone right okay

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All right, thank you. Anyone else?

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I see no other hands, Chair.

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All right, thank you, everyone. See you at 2 o'clock.

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Thank you, Mr. Chair.

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Good afternoon, everyone.

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

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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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He should be on very shortly.

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Thomas Holloman, our board member.

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Present, Mr. Chairman.

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And James Snell, our board member.

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Present, Mr. Chairman.

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Also with us is our executive director, Tanya Sunkit, and our board attorney, Hillary Emerson.

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Before we begin, here's our virtual format.

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Devise these proceedings are being recorded.

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By participating, you acknowledge your agreement to be recorded.

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The video will be available by contacting tanyasunkett at phillit.gov.

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

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if you are participating by phone if you wish to testify press star nine to raise your hand

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and star six on mute under an appearance statement call

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and star six on mute. In an appearance statement, call 267-270-5548. Leave your email and the

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address of the property in question. And finally, please note the question answer box on the screen

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is not for testimony or comments. Any comments have to be directed to our executive director,

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Tanya Sunkin. Let's look at this afternoon's continuations. Number three,

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MI 2022-002963-1701 South 25th Street. This case is continued. Is there anyone in the virtual

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audience have a comment about this case? Chair, we have a calling user. I'll allow them to speak.

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Okay. Hi, Tiffany Green.

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All right. State your name and spell for the court reporter, please.

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Tiffany Green, T-I-F-F-A-N-Y, G-R-E-E-N, Concerned Citizens of Point Three.

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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.

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This case 1701 South 25th is a request for a continuance.

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Yes, I will agree with that, but I want the next time to be a must-heard,

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because uh the board had already uh made a decision on this case and this is a reconsideration

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and okay all right okay and commissioner commissioner i just want to say that the

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phone feature was not working this morning and and and i i wanted to try to tell you that

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okay i'm sorry about that but we did try to get you in several times

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Thank you. MI 2022-002-963-1701-South 25th. Must be heard next time.

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Number four, MI 2022-001288-1940 Wharton Street, Sean Whalen. Mr. Whalen, could you come on, please?

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Thank you.

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Chair, he's coming back in as a panelist.

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Thank you.

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Good afternoon, Chair.

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

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Sean Whalen, W-H-A-L-E-N.

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You swear for him to tell the truth, the whole truth, and nothing but the truth?

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