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Hearing video

ZBA Hearing - June 16, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Jun 16, 20213h 3m

deck we have a decent size rear yard there is a roof deck of the pilot house sent towards the

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middle the roof deck is set back as required by code the property does not extend past the 38

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foot height that's required under the zoning code and we're planning to have fiber cement panels

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veneer and then some brick at the front the rear of the property is proposed to be vinyl siding

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with respect to the property itself so in the ground floor unit it's about 1800 square feet

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two units let's move this out of the way there we go so members of the board as you go into the

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property you go up the stairs go in the hall and get into there we go there we go basement plant

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that's that's what we need to do first so members of the board in the basement we have a large

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rec room area utility to the front and a half bath pardon me a full bath in the basement along with

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trash storage area. Laundry is also located down here for unit one. Going to the ground floor,

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you come in to the main area. You have kitchen and living room to the front, bathroom in the

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middle, and then two bedrooms to the rear with a access stair leading to the rear yard, which is

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for use of the first floor unit. Second floor unit's also two bedrooms. It's about 900 square

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feet. Bedroom in the front, bedroom to the rear, deck for outdoor area for this unit. Kitchen in

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middle and then we have one and a half baths here as well. Trash storage is located in this unit so

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we don't have to worry about any sort of trash being stored outside of the unit or potentially

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left in the street. Going then up the stairs you'd get into the third floor unit. Again this is a

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two-bedroom unit. Bedroom in the front, bedroom in the rear. Same sort of layout as the downstairs unit.

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We have a bath and a bath. And overall here we have the roof deck which is for access

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by unit three set back in the street and that allows the third floor unit outdoor space so

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each unit has significant outdoor space we have a backyard deck and a roof deck

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by building multi-family rather than single family in this district it improves the affordability

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we have full support of the community association and we'd ask the presenting board to approve

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this proposal uh serge are you on the line please if you are please unmute yourself

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and just wait to be sworn in.

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Good morning.

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Yes, my name is Sergio

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Monsonico.

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Please spell your full name.

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My full name is

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S-E-R-G-A-Y

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and the last name is

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M-A-S-L-E-N

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and I-K-O-V.

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Thank you, Swearfirm, to tell

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the truth, the whole truth, nothing but the truth.

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Yes, as well.

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Yes, I swear.

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Thank you, Mr. Moldova.

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Thank you, Mr. Mowler.

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Yes, now thank you, sir.

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Yes, no, thank you, sir.

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You've heard my testimony today to the zoning board?

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You've heard my time.

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Yes.

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And it's true and accurate to the best of your knowledge, information, and belief?

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Yes.

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Is there anything you'd like to add at this time?

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Nothing.

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Everything was presented.

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All right.

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Thank you very much, members of the board.

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Thank you.

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Questions from the board?

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No.

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No.

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No.

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Anyone else would like to testify in this case?

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If so, please raise your hand.

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there are no hands at this time chair thank you planning commission

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jared tico members of the board and hegarty for the philadelphia city planning commission

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so in 2017 this area was remapped from rm1 to rsa5 and this was done in accord with

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recommendations from the comprehensive plan i would just note the zoning map in this neighborhood

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was amended comprehensively and carefully on a parcel by parcel basis backed by a pretty robust

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community engagement process the applicant's hardship claim is not supported with evidence

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of unique physical circumstances or conditions of the property this is a cleared lot city planning

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commission recommends that the board deny the variance like 2020 that excuse me mi 2020-002

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491 664 union street again there was a letter of non-opposition from council woman got the a my

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vote is yes my vote is yes my vote is yes my vote is yes thank you i believe that concludes

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the 9 30 list any on any unfinished business on the 9 30 list are we circling back to number 10

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335 335 jasper street and number five where alum knockinson was called but not present

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I'm sorry you said yeah let's uh is Mr. Notkinson available

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I do not see his hand at this time chair all right so that was number five right Rebecca

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yes correct and my 2020 does 000233 2241 North 15th Street is continued

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and the other one was

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I guess Tanya

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Tanya what happened with

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Visita

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number

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sorry Frank

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you said it was continued chair

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all right thank you

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thank you both of you

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thank you Ms. Cole

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all right that concludes the 930 list

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I believe

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it does

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thank you

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thank you and good afternoon and uh tanya and miss benton they'll give us the go ahead

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we can go right ahead chair you good afternoon everyone my name is frank de chico i'm the chair

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of the zoning board of adjustment i'll be participating in today's hearing excuse me

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along with our vice chair miss carol tenere board secretary confessor plaza and board member mr

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Thomas Holloman. Board Administrator Ms. Yvette Benton and our Board Attorney Ms. Rebecca Cole

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are also in attendance. For those of you who haven't yet participated in one of our virtual

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hearings, I'll go through some of the basics of what you can expect. First, we will be administering

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oaths to individual participants prior to their testimony. Second, we'd like to advise everyone

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that this proceeding is being recorded, and that by participating, you acknowledge your agreement

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to be recorded, and the recording will be made available to the public on the web or otherwise.

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Third, for anyone participating by phone, if you wish to testify, you must raise your hand by

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hitting star nine, and then star six to unmute yourself. I'll repeat. For anyone participating

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by phone if you wish to testify you must raise your hand by hitting star nine and then star six

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to unmute yourself finally to enter an appearance statement call google 267-270-5548 and leave your

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email address and the address of the property at issue i'll repeat that as well to enter an

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appearance statement. Call Google 267-270-5548 and leave your email address and the address

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of the property at issue. I would also like to remind everyone, please do not attempt to

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testify in the chat. Any concerns or questions should be addressed to our board administrator,

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to our Board Administrator, Ms. Yvette Benton.

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Miss Yvette Benton. With that,

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With that, hold on, give me a second.

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I know we have a rehearing.

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Is there anyone requesting a continuance or withdrawal at this time?

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If so, please raise your hand.

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If you're requesting a continuance or withdrawal, please raise your hand.

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chair we have rachel pritzker ms pritzker you can unmute yourself and speak now

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thank you um please identify yourself i'll swear you in sure rachel r-a-c-h-a-e-l pritzker p-r-i-t-z-k-e-r

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1635 market street suite 1600 philadelphia pa 19103

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we're firm to tell the truth the whole truth nothing but the truth yes thank you just like

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to request a continuance for 1625 west thompson there was a mix-up of rcos and so now we just

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need some time to reschedule with the original rco very good thank you mi 2021 that's 000372

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1625 West Thompson is continued. Thank you. Any other requests for continuances or withdrawals?

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I see no hands at this time, Chair. Thank you. And with that, I believe the first case,

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Madam Vice Chair

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is the

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resumption

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yes

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calendar number

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1171541

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East

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Worcester Street

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the attorney

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is Sean Whelan

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Mr. Whelan

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is coming back

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in as a

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panelist now

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good afternoon chair good afternoon mr whalen can you put your name and address on the record

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and please spell your last name sean s-e-a-n whalen w-h-a-l-e-n vintage law six coulter avenue

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suite 1000 ardmore pa 19003 do you swear our firm to tell the whole truth and i'll think

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about the truth again i i do for the uh so many times i can't remember um so frank do i go through

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the rest of that waving the reading and i don't think so because it's a rehearing i don't think

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it's just a rehearing yeah okay you may proceed thank you tanya unless mr will do you have any

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reason to object anything you're you're ready to go no i i don't have any reason to object to

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anything, I would just like to make the zoning board aware. I believe a Ms. Sharon Harvey is

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on the call. She is the attorney for the immediately adjacent neighbor, Ms. Oneida

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DeBrady. So she should be elevated. So just a very quick recap. Obviously, this case has been

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heard several times by the board. All opposition and support has already been entered into the

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into evidence at the very conclusion of the hearing last I guess the last hearing in April

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board member Holloman asked for us to have to agree to a resumption hearing

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so that we could meet with the immediately adjacent neighbor Mr. Brady in order to address

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she raised a number of concerns at the end of last hearing most of them non-zoning concerns but

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but a number of legitimate concerns, and so we did. We agreed to have that meeting.

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Mr. Charles Richardson very kindly offered to kind of be the go-between at first. I entered

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about 150 pages worth of emails between myself and Mr. Richardson and Mr. Brady about setting

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up meetings, trying to get everything through. We thought we had one set up that unfortunately

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was unable to, to proceed. And then Mr. Richardson informed me that, uh, Mr. Brady was, um, he

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believed, uh, represented by council and that he would be stepping out of the middle and allow us

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to proceed. And so Ms. Sharon here is, um, Ms. Sharon Harvey, I apologize. Uh, I believe again

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is on the is on the call and she's going to state the position of Mr. Brady and if you're wrong

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please identify yourself spell your full name and it will swear you in Miss Harvey's coming in as the

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Spell your full name and we'll swear you in.

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Ms. Harvey's coming in as the panelist now, Chair.

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panelists.

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Good afternoon.

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My name is Sharon Harvey.

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Name and address for the record, please.

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And spell your last name.

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Thank you.

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Harvey, H-A-R-V-E-Y, 140 West Maplewood Avenue, Philadelphia, PA, 19144.

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And I'm an attorney with Harper and Paul.

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and we were recently retained by Mr. Brady to represent her interest in the zoning so I would

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ask that the um could you wait one minute please yeah I'm getting ready to swear you in do you

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swear for him to tell the whole truth and nothing but the truth yes I do you now may continue um I

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would uh request that the presumption hearing be resumed again for maybe three or four weeks so

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that i can um get all the facts and so that we can have further discussions as to what the issues

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are my client's issues are and a brief three or four weeks would uh would probably dissolve most

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of our issues i don't understand this but frank you're the chair no okay yes you have a question

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yes carol yeah i what is taking so much time

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oh for uh for me i just became involved in the uh issues and uh i i'm assuming mr richardson

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from cindy bass's office has been taking uh the lead on this but once i was retained uh it was

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it was recently so i haven't had a time to fully look at all the issues the 100 emails i have not

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had that amount of time all right let me ask you a question when was the last hearing mr whale and

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you can refresh my memory uh april 28th i believe april maybe 26th i could confirm it was in a

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last latter part of April.

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Ms. Harvey, when were you retained?

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May 27th.

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And between that time, I believe

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Mr. Whalen and Mr. Richardson have been

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communicating.

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A little less than a month ago, you were retained.

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The last hearing was almost

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two months ago. Yes. Correct?

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Yes.

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I don't see any...

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I apologize. I know you just

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got retained, but

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Mr. Brady had

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sufficient time from the beginning when this case first started back when and I guess it was in

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still in the year 2020 and at this late date to ask for another resumption I don't think it's

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fair to anybody at this point. Mr. Whale do you have any comments? No chair I mean I certainly

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want this to proceed going forward I understand the position that Ms. Harvey is in we will

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