civus
Hearing video

ZBA Hearing - July 19, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Jul 19, 20234h 41m

Right. And I see there's a letter of support from Northeast Community Civic and also a letter of support from Council Member Driscoll.

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Our vice chair has a few questions.

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Good afternoon. Good afternoon, Councilor. Do you agree to waive the reading of the refusal and stipulate to its accuracy?

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I do.

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Have you emailed in all the required documents and exhibits that are needed to proceed with this case five days in advance of this hearing?

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Yes, we have.

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Thank you. Please proceed to share your screen.

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Thank you.

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All right, so this is a very straightforward zonie variance.

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I represent Bluegrass Billiards and Sports Bar, and they received a temporary variance in 2018,

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and we're looking to have a permanent variance now for this restaurant establishment.

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So we'll review the notice of refusal.

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We have a letter of support from the community as well as the district council member.

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Just some background information on them.

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Just some background information on them. So, you know, showing that they have a valid liquor control board license, food preparation and serving license, a little bit about them that we got off the Internet to give flavor as to who they are.

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So, you know, showing that they have a valid liquor control.

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The use permit showing that the board in 2018 did grant a five-year temporary variance because this was a new business venture in this neighborhood, wanted to give them the opportunity to show that they're a responsible operator, which they are, which is based on the fact that we got a letter of support both from the community as well as the district council member.

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maps of the area, photographs of the property inside and out, just floor plans, our RCO meeting

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notice, our application for appeal, our redacted lease, an option to extend the lease. Currently,

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our lease is valid through August 31st of 2028. And our Certificate of Tax Clarence, again,

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in the virtual audience is Dominic Monaco, the owner's representative. Notice of refusal.

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So all we're doing is trying to essentially put a pool hall here.

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This is a ICMX backslash CA2 property.

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We're basically in a shopping center.

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Letters of support from the community.

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Again, they were overwhelmingly in favor of this.

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I actually was doing another project in front of the Northeast Community Sympath Alliance on a whole separate matter.

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And I referenced the fact that this newer matter is coming.

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with the Billiards Hall, and they're like, oh, we love the Billiards Hall.

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We all go there.

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It's a great place.

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So I was happy that they said that because it made it a very smooth transition to get

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their support.

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And because we got their overwhelming support of the community, we also got the support

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of the district council member as well.

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And then just, again, we have a valid liquor license.

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We have a valid food preparation and serving license.

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Again, you know, where, you know, my clients are a well-established builder's hall place

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in the Northeast Philadelphia.

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They have 50 pool tables, six ping pong tables, many flat screens.

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They serve food.

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They have some arcades.

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They have parking, which is important, obviously, where they're located in their clientele,

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and they're open seven days a week.

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This is their menu, as you would expect, just bar food.

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And then they're well-regarded in the area.

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So they have 441 reviews on Google at a 4.6 rating.

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And it all speaks well about how they manage themselves, their foods, their operations.

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And then the use permit that, you know, again, was previously issued for a five-year variance.

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We're asking for a permanent variance, and I think we've proven ourselves over these past five years to obtain one.

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And then maps to the area, again, where we are.

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We're nowhere near residential here.

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As you can see, close by, same shopping center, a giant, a nifty-fifty, Walmart, public storage, Marshalls.

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So not out of character in what we're offering in the surrounding area to what we're asking for.

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Here's photographs of the front of the property, the notice posting as well, proof of posting.

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You can see we're in a facility with much, much parking.

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I think. Blue glass to the right, blue grass to the left. Just more interior photos of the billiards hall from different angles. Ping pong tables, arcade. Plans and drawings. You just walk in. There's a little hostess station. There's a bar, billiards around, ping pong tables in the rear, kitchen, bathroom, another bathroom, and then the office.

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RCO meeting notice we met in April regarding this matter.

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Again, it's not a very dense area.

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Only 19 addresses were notified in the meeting, but 12 people attended the community meeting.

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So it speaks volumes about how involved this community is, proof of mailing of that notice, or application for appeal, notice of refusal, project information form, redacted lease.

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So I'm going to quickly go, you know, just go past the lease.

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But, you know, showing that my client has the right to remain in the hall.

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You know, they have more extensions, but, you know, their most recent extension that they exercised was August 31st of 2020.

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Certificate of tax clearance showing that the property owner owes no taxes to say, real estate taxes to say about out here.

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With that being said, I would ask that Mr. Monaco virtually raise his hand.

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Please warn him.

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Sir, could you state your name and spell, please, for the court's stenographer?

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Dominic Monaco you've been unmuted and please wait for the chair

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Dominic Monaco, you've been unmuted, and please wait for the...

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sir could you state your name and spell it for the stenographer

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I'm having a problem hearing you could you repeat that yes could you state your name

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and spell it please for the court stenographer yes my name is Dominic Monaco

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B-O-M-E-N-I-C-M-O-N-A-C-O

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

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I do.

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Proceed, please.

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Yes, Mr. Monaco, you heard everything I had to state today about your zoning matter.

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Yes, I heard you.

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And is everything I stated true and correct?

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It is true.

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And do you adopt it as your own testimony?

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I do adopt it, yes.

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Thank you.

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Questions from the board?

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No, Mr. Chairman.

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Questions or comments from the virtual audience?

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here i see no hands at this time hi planning commission thank you chair bergman and members

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of the board david vecto with the city planning commission the comprehensive plan recommends no

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change to the industrial and commercial mixed use zoning at this location the proposed use

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assembly and entertainment is what a reasonable person would expect to find in a shopping center

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the city planning commission recommends the board grant the use variants for assembly and

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Assembly and Entertainment.

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Thank you.

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MI 2023-001-069-2500

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Grant Avenue No. 1, I vote yes.

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Thomas Tollman, my vote yes.

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James Stout, my vote is yes.

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Ishmael Shahid, my vote is yes.

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Thank you. Mr. Nockmson, I have one more for you here.

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MI-2022-007-648-1872 Conlon Street.

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Just state your name for the record, please.

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Alan Nockmson.

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Did you identify your client in relationship to this property?

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Yes, the property is owned by Ogon's Real Estate Holdings LLC.

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And in the virtual audience is one of its members, Niti Jandar.

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And I would make note that there's a letter of support from the Oak Lane Worcester Community Coalition.

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The applicant has also provided 12 form letters of support signed by neighbors, nine from the 18 and 19 House of Park of Conlin.

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Our vice chair has a few questions.

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Good afternoon, counsel. Do you agree to waive the reading of the refusal and stipulate to its accuracy?

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I do.

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Have you emailed in all the required documents and exhibits that are needed to proceed with this case? Bob, these in advance of this hearing?

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Yes, we have.

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Thank you. Please proceed and share your screen.

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Thank you.

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so this is a very straightforward project 1872 common street it's configured as a two-unit

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dwelling it's been a two-unit dwelling forever my clients bought it unfortunately with the rental

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licenses lapse was unaware that you know they wouldn't be able to get those rental licenses

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renewed without going through this project process because this is an RSA 5 property.

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So we'll review the notice of refusal, the letter of support from the Oak Lane Worcester

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Community Coalition, as well as the letters of support from nearby neighbors. Our use

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registration permit, which shows that this property has had a long history of multifamily

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use as a two-family dwelling. Then it's not uncommon, not only for the property itself,

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but just some of the surrounding properties to have a multifamily use it was then the next thing

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we're looking at is the listing on redfin it was advertised as a duplex then maps of the area

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photographs of the property in the surrounding area um internal drawings which are going to

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confirm showing that it's configured as a two-unit dwelling our plans and drawings our rco meeting

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notice our application for appeal that we filed for the cba our deeds of the property showing that

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Ogans Real Estate Holdings LLC as the owner of the property and our certificate of tax clearance

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showing that my client does not owe any real estate taxes to the city of Philadelphia with

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respect to this property. At the conclusion of my presentation, I'll ask that Mr. Jandar

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virtually raise his hand, be sworn in, and I will ask him a few questions. Notice of refusal,

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this is an RSA 5 property, but in name only. This has been a duplex for some period of some

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significant period of time. And it's just merely because the rental license is left,

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given the zoning classification, we have to go through this process.

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But our support from the community, as the chairman stated, the coordinating RCO on behalf

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coordinating the RCO on behalf of the community stated their support of this project and then

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of the community stated their support of this project.

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again we met with as many of the nearby neighbors that you know would enter the door and you can

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see 1874 Conlon and some other properties on Kemble Street and some other properties on

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Conlon Street are all in support of this project so 1870 Conlon as well so the property to the left

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of us to the right of us they are both in support of this of this legalization of the two units

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And then the user restoration permit, you can see as far as 1968, that's as far back as we have records, showing that this has a two-unit history.

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And then here are the rental licenses, showing that the rental licenses were good through 2012.

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My client never purchased the property with the intention to have it without rental licenses.

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As soon as they purchased the property, that's when they were notified that they had to go through this process.

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and then again not uncommon to have multi-family use nearby seven other properties in close

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proximity um also are multi-unit in nature and then the red fit listing as you can see here

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uh it talks about this duplex offers again it was advertised my clients a duplex they didn't know

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anything better um maps of the area you can see we're on common street you know google map as

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well showing where on Colin Street. Photographs of the property. This is the front from Colin.

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This is the back from Colin. You can see the postings as well from both angles, all three

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angles. Colin Street to the right of the property. Colin Street to the left of the property. Interior

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photos. So basically you walk into the front door and there's two doors. The first floor,

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this is a common hallway, a common, I guess, you know, vestibule area, pretty large. But here's

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unit number one, the door is open. Unit number two, there's a door here, you go up a flight of

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steps, and you'll see that from the pictures, as well as the floor plans. So again, walk into a

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common area, you go into unit number one, which is shaded in blue, you go up a flight of steps,

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go to unit number two, which is shaded in pink. Not changing anything about the property,

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just trying to legalize it.

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We had a community meeting on July 12th at 6 p.m.

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82 addresses were notified in the meeting,

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listed the addresses,

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proof of mailing to those addresses.

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The community also wanted us to hand deliver

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these notices, which we had someone do as well.

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Applications for appeal,

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we filed the ZBA,

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Sean Nefko, Gons, Real Estate Holdings, LLC,

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you know, had filed this zoning appeal

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along with the notice for appeal

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or project defamation reform,

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DTSA property showing that Ogun's real estate

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owns LLCs, the owner of the property,

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and finally, certificate of tax claim

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showing they owe no real estate taxes

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with respect to the property.

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I would ask that Mr. Jandar virtually raise his hand.

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Maybe he's going in.

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Sir, could you state your name and spell it, please?

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Mr. Jandar, please unmute yourself or wait for the chair.

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Could you state your name, please,

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and spell for the court stenographer?

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Sure. It's Niti Jamdar. That's N-I-T-I-J-A-M-D-A-R. 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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Proceed, counsel.

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Yeah, Mr. Jamdar, you heard everything I had to state today about your zoning map.

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Yes.

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And is it true and correct what I stated?

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Yes.

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And do you dot what I stated as your own testimony?

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I do.

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Thank you.

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Questions from the board?

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No, Chair.

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Questions or comments from the virtual audience?

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Chair, we have Charles Richardson.

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He's been admitted and allowed to speak.

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Mr. Richardson, just state your name for the record and proceed, sir.

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You've already been sworn.

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