civus
Hearing video

ZBA Hearing - December 15, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Dec 15, 20206h 9m

the community. The community has nothing

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to do with the RCO. The RCO

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was having problems

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trying to get online, and

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I think that you were pretty much aware of that fact.

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But once you did

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get online, they did offer you the opportunity

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to come back and talk to the community one more

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time, which you declined to do.

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And that would have been last night. And again,

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we've done RCO meetings

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the night before and still

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got the support letter and everything else

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altogether at this you know within 24 hours or less so again uh i just wanted to clarify that

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that that that that uh was your choice and uh you know so that i'm you know i'm going to leave that

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okay thank you and you're still uh deferring to the uh decision of the board correct well i'm

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going i'm going i'm going to say say because of the fact that the uh rco opposed that the

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councilwoman is was opposed but i'm going to you know i was trying to uh give give an opportunity

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for the applicant to come correct to the community.

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But unfortunately, that's not the case.

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I'm just going to say again

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that it's not like this is a building,

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a new construction proposal

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where we're tweaking a few things.

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We discussed unit count and layout and floor plans

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with what the neighborhood would want

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and what they would not want.

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I just don't, again, I just,

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it's it's not trying to disenfranchise everyone i have the proof of mailing everyone was notified

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of the first meeting we had nothing to do with it okay uh let's uh please let's cut it thank you

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thank you is there anyone else who would like sharon sharon yes i'm sorry this is sharon sled i

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just wanted to clarify for the record yes that there are no revised plans being presented this

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is the reuse of an existing structure therefore there were no original plans to revise the

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change would only require a proviso stating the max

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change would only require a proviso stating the maximum number of units.

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And Chair, if I could just interject just to see if this could be of help, even though we're no longer doing here and or resumption hearings, if you wish, that could be a consideration and I can schedule this as soon as January, but it's totally your call.

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thank you uh jennifer is there a uh is this a time there are time constraint if we can get

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this done like the first weekend that we come back in january i think it's i can just say that

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we started this process last year and we've been delayed so much already that we we just really

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want to get this project underway as soon as possible understood and i'm still kind of stuck

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on if the community is saying no more than four and you guys are at five and you can't do the four

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i don't know what another meeting will accomplish uh and i understand mr richardson's concern

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about they had the up the applicant had the opportunity to meet last night

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uh i do understand that but anyway mr richardson did you want to say anything else

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anyone else would like to testify in this case

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chair we have tina marie's hand up again would you like to hear from her again

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30 seconds

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thank you as an effective community member i'm firmly saying that i would like to have another

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meeting and the fact is that this is people where people live here i pay my taxes here

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I don't see where the hardship is coming in at that we cannot defer to that, that we can understand why it is she has to have five instead of four.

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We have a whole lot of people, as you look on the RCO list of upcoming hearings, of people bringing in five to 10 to even up to 70 units.

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And so we need to have a firm understanding as to not have even my property.

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I mean, there's no I don't see the hardship in waiting.

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I don't. And I firmly stand put to that.

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And I ask City Council to agree with us as a community member to side with us and have this be, as was suggested, we have that meeting in January.

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That's my firm statement.

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Thank you. Planning Commission.

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Good morning. David Effecto, City Planning Commission.

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Mr. Chairman and members of the board, this property is indicated for residential single-family use in the city's comprehensive plan.

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Tioga United requested the neighborhood rezoning to single-family in 2006

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because they believed they were being saturated with large multifamily uses.

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We could see allowing between two and four units here,

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but we oppose granting a variance for five units.

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Thank you.

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I just don't know how you physically create four units because of that staircase,

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which would probably mean you have to redesign the entire structure interior of the structure

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from the first floor all the way up through the third. Unless, Tom, I don't want to put you on

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the spot. You're the architect among us. Mr. Chairman, do you see any feasible way? Well,

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I mean, I see it as a very, very expensive ordeal. The stairway existing is a restriction.

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i don't see any way that you could do better thank you tom appreciate that all right mi 2020

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dash 000262 2116 west tioga my vote is yes with the proviso maximum number of units five

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my vote is yes with proviso yes with proviso yes with proviso thank you all i believe that

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completes our morning list is that correct yeah yes any outstanding business tanya or sharon

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not from me chair okay see everyone back at two o'clock stay safe not for me

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thank you and tanya do you need a few minutes nope chair we got a 60 something people we're

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ready to go okay thank you we'll have all right good afternoon everyone my name is frank de chico

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i'm the chair of the zoning board of adjustment i'll be participating in today's hearing along

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with our vice chair miss carol tenere board secretary confessor plaza and board members

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Mr. Thomas Holloman and Mr. James Snell. Board Administrator Ms. Tanya Suckett and

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Board Attorney Ms. Sharon Saleta are also in attendance. For those of you who haven't

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yet participated in one of our virtual hearings, I'll go through some of the basics of what

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you can expect. First, we will be administering oaths to individual participants.

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First, we will be administering oaths to individual participants prior to their testimony.

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Yeah, that's huge.

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Second, we'd like to advise everyone that this proceeding is being recorded and that by participating, you acknowledge your agreement to be recorded.

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Excuse me.

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Third, for anyone participating by phone, if you wish to testify, you must raise your hand by hitting star nine and then star six to unmute yourself.

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I'll repeat, for anyone participating by phone, if you wish to testify, you must raise your hand by hitting star 9 and then star 6 to unmute yourself.

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Finally, to enter an appearance statement, call Google 267-270-5548 and leave your email address and the address of the property at issue.

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i'll repeat to enter an appearance statement call google 267-270-5548 and leave your email address

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and the address of the property at issue with that being said let's give me a second here

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i will read now into the record those cases that have already requested a continuance

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number one on our list mi 2020-001309 109 pleasant street number three on our list

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MI 2020-001230

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1407-09 West Grange Avenue

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number four on our list

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excuse me

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excuse me Frank I'm sorry

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on the last one on Grange Avenue

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we have a

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that is going to be heard

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on January 6th at two o'clock

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thank you I left that out

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sorry thank you

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okay number four on our list

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MI 2020-002205, 1413 West Pacific Street.

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Number six, MI 2020-000055, 1526 Manton Street.

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This case was previously continued to November the 10th.

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It will be continued again, must be heard, and MI 2020-002411, 7430 State Road Attorney

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Moving Party.

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If anyone objects to those continuances that I just read into the record, please raise

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your hand at this time.

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i see no hands chair thank you and with that i will now ask if there are any other requests

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for continuances or withdrawals so please raise your hand at this time

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chair we have charles richardson mr richardson mute good afternoon mr richardson please

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identify yourself for the record you're still under oath from earlier this morning. Good afternoon

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Mr. Chair. I am speaking about MI 2020 000766 1512 Lindley Avenue. Okay is that okay number

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number five on our sheet to the rest of the board. Yes, sir. Requesting a continuance,

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they have not been able to meet with the RCO, not any of their fault, actually. This is fallout from

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Logan Civic, again, not doing any RCO meetings. And there was confusion as to which RCO was going

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to be taking on the responsibilities for this meeting. We reassigned it to the Logan

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Community Enterprise RCO, and ask them to do an expeditious hearing as quickly as possible,

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wondering whether or not, if it is continued, it could have a January date, and that way it

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wouldn't pose too much of an imposition on the applicant or the attorney. Thank you.

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Mr. Lockerson. Excuse me, this is Sharon. Alan. I'm sorry. Hi, how are you doing? The attorney is

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Hi, how are you doing?

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The attorney is Alan Nockmson.

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Alan Nockmson.

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Good afternoon, Mr. Chair and members of the board.

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Alan Nockmson.

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So we would have no objection to a continuance if it was literally we would have it the first week of January.

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This is a matter that we've, and Mr. Richardson would agree, we've worked really hard in trying to get in front of the community.

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The original coordinating RCO was Nicetown CDC. Then the councilwoman changed the coordinating RCO to this Logan RCO organization. And once that was announced, then the Nicetown CDC indicated that they're willing to meet with us.

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So, again, we'll do whatever, you know, we'll defer to the board on this.

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All right, let me find out.

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Tanya, do we have any dates in early January?

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No, unfortunately not.

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It would have to be February.

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So can we, and we've had this a while.

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This was filed in June, this appeal.

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Can we have this heard and have a supplemental hearing just to get community input?

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Mr. Richardson, would you have any objection to us hearing this and resuming the case to a specific

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date? No, not at all. We're all in agreement on that? Excuse me, but the resumption hearing would

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the resumption hearing would still be in February, wouldn't it?

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Oh, I thought we can squeeze that in. Well, let's hear from Ms. Sunkit. Ms. Sunkit will tell us.

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Unfortunately, we're overwhelmed because of the two weeks we're about to have off.

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So we really don't have any availability. I've already squeezed a lot on the January calendar.

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Yeah, the unfortunate matter is that we really have worked hard to have this heard in front of the community.

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I would ask the board to consider the appeal on its merits today. It's a corner property.

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it's all we're trying to do is legalize or change the use of a commercial component

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on a corner property and make it residential where it's above grade um it's really not that

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controversial of a project and my client has waited you know almost six months for this to be heard

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okay i don't usually push that hard but yeah i know i understand i think mr richardson's

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trying to be helpful as well uh it's one of those unfortunate circumstances we do have holiday

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breaks coming that's uh obviously delaying what we can normally do uh all right we'll hear the

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case and then we'll make a decision at that point thank you we'll go forward all right thank you

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both mr richardson thank you any other requests for continuances or withdrawals

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chair we have slone folks who's been unmuted good afternoon mr folks please identify yourself

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for the record you're still under oath

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mr folks you can unmute

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okay i'm sorry i thought i did unmute myself again slone folks

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S-L-O-A-N-E, Office of Fire, O-L-K-S.

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Office of Councilwoman Maria Quinonez Sanchez, Room 508, City Hall.

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Regarding the matter of MI2020-0001162055 North 2nd Street,

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we don't have a letter of a meeting with the convening RCO,

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which we believe was Norris Square RCO, Norris Square Community, NSHCA RCO. If there was a

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meeting and the lawyer is available, I think the lawyer is Mr. Vincent DePino or DeFino,

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we'd be more than happy to allow the case to go on. But if there wasn't a community meeting,

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we'd request a request a continuance. Thank you. Excuse me, this is Sharon Saleta. I believe we

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do have a letter of support from the community organization the attorney's name is john griffin

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okay all right well thank you thank you very much and mr polka

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that wonderful thank you very much thank you anyone else continuance or withdrawal

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we have someone by the last name of islam that's been unmuted

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you're free to unmute yourself. Good afternoon, Mr. Chair DeChico, as well as the board. My name

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is Mukben Islam. I'm an attorney on matter MI 2020-000308. I apologize. Excuse me just one

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I apologize. Excuse me, just one second. Would you please spell your first and last name?

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second. Would you please spell your first and last name?

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M-U apostrophe M-I-N. Last name is Islam, I-S-L-A-M.

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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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I do. Please proceed.

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All right. I apologize for inconvenience. I'm not asking for a continuous withdrawal. I am asking

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that I'm not sure why I'm on the list, but I'm in commuting back to my office to another matter.

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So I just want to let the board know in case I get caught. I didn't know the procedure for that.

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I apologize.

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uh well we got two cases ahead of you so far and i should be there in 10 minutes and i should be

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okay all right thank you thank you anyone else

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i see no hands chair thank you um i with that i'd like to remind everyone that please do not

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attempt to testify in the chat any comments should be directed to the board of administrator

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Ms. Tanya Sunkit. And I believe unless Tanya and or Sharon have anything else to add,

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we're ready to proceed. Yes, on my end. Calendar number 2422, 1206 Alter Street.

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anyone here for 1206 altar street i am david orfanides okay mr orfanides can you put your

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name and address on the record please and spell your last name certainly uh david orfanides last

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name is spelled O-R-P-H-A-N-I-D-E-S. I'm with the law firm of Orphanides and Toner here at

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Two Penn Center, 1500 John F. Kennedy Boulevard, Suite 800, Philadelphia, Pennsylvania, 19102.

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Do you swear our firm to tell the whole truth and nothing but the truth? I do. Do you agree to waive

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the reading of the refusal and stipulate to its accuracy? Based upon my email communications with

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the examiner i do waive their reading and i stipulate to attack okay and have you emailed

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an exhibit believe it or not is right hey yeah happy holidays thank you have you emailed an

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exhibit packet with the required documents proof of ownership tax compliance refusal referral

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

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