civus
Hearing video

ZBA Hearing - December 11, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Dec 11, 20247h 26m

Thank you.

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chairs there are 57 attendees and you can start when you wish thank you good morning everyone my

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name is bill bergman and i will be chairing this morning's meeting with me is our vice chair

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Ismael Shahid. Present, Mr. Chairman. Our board member, Cheryl L. Gaston. Present, Mr. Chairman.

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Our board member, Tanetta Graham. Present, Mr. Chairman. Our board member, Michael Johns.

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And our board member, Taya Nguyen, will be joining us shortly. Also present is Ryan McSherry,

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our attorney, and our executive director, Ian Haggerty. Here's our virtual format.

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Proceedings are being recorded. With your participation, you agree to be recorded.

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Video will be available by contacting ZBA Executive Director at phila.gov. For a court

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stenographer, we ask attorneys and witnesses to identify themselves before testifying.

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If you're participating by phone, press star 9 to raise your hand and star 6 to unmute.

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To enter an appearance statement, call 267-270-5548.

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Leave your email address and address of the property in question.

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Finally, the question answer box on the screen is not for testimony.

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All questions should be directed to our executive director.

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That's ZBAexecutiveDirector at phil.gov.

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So let's look at our schedule for today.

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Number 17, MI 2024-004-773-4926 North 12th Street.

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That case is continued.

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Are there any other requests for continuances?

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Good morning, Chair.

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This is Jasmine Webster, and I will be your co-host for today.

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I have a human by the name of Darlene Threatt

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And she has been allowed

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Oh sure

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Good morning counsel

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Good morning commissioners

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Darlene Threatt

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Could you spell your name for the court stenographer

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Darlene D-A-R-L-E-N-E

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Threatt T as in Thomas

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H-R-E-A-T-T

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Do you swear or firm to tell the truth

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The whole truth and nothing about the truth

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Yes commissioner

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And your case is 611 Destin Street

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Yes commissioner

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Okay. Could you give me an update, please?

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Commissioner, I'm withdrawing this matter today.

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Okay. Thank you very much.

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Thank you. Have a good day.

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So, thank you. So, number two, MI 2023-001-445-611 Dixon Street. That case has been withdrawn.

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Are there any other requests for continuances?

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Yes, Chair. I have a hand up by the name of Albert Sylvester. They have been allowed to speak.

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good morning could you please state your name and spell for the stenographer

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good morning my name is albert sylvester a-l-b-e-r-t last name sylvester s-y-l-v-e-s

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that's v as in victor e-s-t-e-r do you swear or affirm to tell the truth the whole truth

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nothing but the truth yes sir what case you are you calling about sir

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um i'm asking for a continuous for the zoning uh for my building at what's that location

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3-6-4-5 North 19th Street.

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okay all right so okay so this is your first listing um the case will be continued so

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MI 2024-004-775-3645 North 19th Street.

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Cases continued.

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And thanks for calling us, sir.

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Any other requests for continuances?

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Yes, Chair. I have one more hand up by the name of Mark Feynman. They have been allowed to speak.

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Yes, sir.

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I have one more hand up by the name of Mark Thiemann.

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Good morning, sir. Could you please state your name and spell for the sonographer?

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Yes. Good morning. My name is Mark Feynman, M-A-R-K, F as in Frank, E-I-N as in Nicholas, M-A-N.

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

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I do.

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What case, sir, do you want to talk about?

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I am calling in reference to MI 2024-004752.

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The address is 1923 East Allegheny Avenue.

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Are you the owner, sir?

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I am not.

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I'm counsel for the owner.

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And the owner is Demma Realty.

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And I have the president of the company present with me also.

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All right.

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So you want a continuance?

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That is correct.

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I noticed that the tax clearance is outdated, so we need to get a current tax clearance.

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And I also noticed that there were the photos of the posting missing.

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Otherwise, everything else is ready.

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All right.

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Thank you.

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So MI 2024, 004752, 1923 East Allegheny Avenue.

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Cases continue.

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Thank you, sir.

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Any other requests for continuance?

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I see no more hands at this time, too.

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Thank you.

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So.

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Number six, MI-2023-005-685-1335 McKinley Street. Is Mr. DeMarco present?

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Yes, Chair. He has been allowed to speak.

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Good morning, Mr. Chairman.

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Good morning, Mr. DeMarco. Could you please state your name and spell for the stenographer?

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Richard DeMarco. D-E-M-A-R-C-O is my last name, spelling.

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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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Counsel, this is the third listing. We still don't have exhibits. Could you give us an update?

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Oh, yeah. I wasn't aware it was listed today, Mr. Chairman, so my apologies for that.

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But I'm almost 99% sure this client has not been responding to inquiries.

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I'm 99% sure this client is not moving forward.

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But I can't say that I spoke to her.

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So here's what we'll do.

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We're going to continue one more time, sir.

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All right.

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And I'll confirm it.

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I'm trying to get that straightened out.

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Yeah, I'll get it straightened out.

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And sorry, I wasn't aware of what we were talking about.

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No, no, no.

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No, thank you.

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So number six, MI 2023-005-685-1335 McKinley Street, case continued, marked must be heard.

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We're going to go back here to number three, MI 2023-001-512-1307 Moymencing Avenue.

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That case has been withdrawn.

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Number 10, MI 2024-001-286-513 South 13th Street, along with number 11, MI 2024-001-287-1305 Rodman Street,

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And also number 13, MI2024-001-548-1307 Rodman Street.

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Is Ann Johnson Sachs or Eric Sachs in the audience?

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Chair, I see no one by that mean.

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All right.

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So all three of these cases, number one, number 10, MI 2024-001-286-513-South 13th, MI 2024-001-287-1305-Rodman, and number 13, MI 2024-001-548-1307-Rodman, all three cases are continued, and Mark must be heard.

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Thank you.

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We're going to go to our add-on list.

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Mr. Chair, I just wanted to know that it's Taya and I am here now.

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Oh, thank you, Taya.

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Thank you.

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Okay, so number one, MI 2024-002-410, 2913 to 15 Kensington Avenue, I vote no.

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What if no?

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Cheryl Gaston, my vote is no

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Tana Graham, my vote is no

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my vote is no

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Ioan, my vote is no

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Ishmael Shahid

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my vote is no

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thank you

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excuse me board member Gaston can you just

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certify that you watched the video of the

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hearings for this one

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sorry I hereby

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certify that I watched

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the video

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of

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what was the date I'm sorry Hillary

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29-13

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15 Kensington

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no no yeah but i think there was a date oh yes there were two it was an october date and a

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november october the 23rd and november the 19th yes i hereby certify that i did uh uh review uh

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both of the uh uh videos for uh those hearings thank you great excuse me chair this is the

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court reporter. I had some difficulty with Mr. Johns' audio. Okay. Mr. Johns, vote one more

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time, please. My vote was no. Thank you. Thank you. All right. And number two, and I see with

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number two that Taya will certify and also Cheryl Gaston will certify on this. So MI 2021-004-633-

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3900 Main Street, I vote yes with proviso per amended refusal dated 9-18-24.

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I recuse from this one. Oh, Cheryl Gaspin, I certified, I, Cheryl L. Gaspin certified

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that I watched the video of the November 19, 24, 2024 hearing in this matter and my vote is yes.

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Seneta Graham, my vote is yes with proviso.

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Oh, I'm sorry. My vote is yes with proviso. Excuse me.

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Ty, I wouldn't certify that I watched the video of the July 16,

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2024 hearing in this matter, and my vote is yes with proviso.

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Number three, MI 2024

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001 631 2732

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West Montgomery, I vote no.

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Michael Johns, my vote is no.

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Cheryl Gaston, my vote is no.

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Tanetta Graham, my vote is no.

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Iowan, my vote is no.

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Ishmael Shaheed, my vote is no.

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Number four, MI 2024, 004-727-4815 North 9th Street,

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I vote yes

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with Proviso

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no two-family household living.

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Michael Johns, my vote is yes with Proviso.

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Cheryl Gaston, my vote is no.

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Tanada Graham, my vote is yes with Proviso.

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My vote is yes with Proviso.

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Ishmael Shahid, my vote is yes with Proviso.

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Thank you. We're going to go to our regular list. MI2023. Oh, I'm sorry. I have an add-on first. We're going to go to number 14. MI2024. 002-798. 11707. Stevens wrote, Otebek Markadav is the owner. We do have an interpreter.

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Interpreter, please.

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I see no hands raised at this time, Chair, for the interpreter.

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Could we check to see if there's an...

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I'm sorry, Chair, excuse me.

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I was just going to ask.

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If the interpreter is in the audience, please raise your virtual hand.

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Okay, I have someone by the name of Nasibia.

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Why don't we do this? Why don't we go on to the next case, and could we check with the interpreter's office to see if they have someone in route, okay?

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Sounds good.

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All right. Thank you, Fatina. All right. We're going to move to number 16. MI 2024-004-768-8638 Jackson Street. This is a pro se.

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Excuse me, Mr. Chair. I believe there is now a council for this matter, Zen Jin.

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Okay. Oh, good. Thank you. Thank you.

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Okay.

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Oh, good.

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Thank you.

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Thank you.

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Good morning, counsel.

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Zen Jin has been promoted to penalist.

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Good morning, Chair.

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Good morning, counsel. Could you please state your name and spell for the court stenographer?

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Yes. My name is Zen Jin, Z-H-E-N. Last name is J-I-N.

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

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I do.

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Could you identify your client and the relationship to this property?

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Yes.

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My client is the owner of the property, Marlandi, I'm sorry, Marlandani, Vela Derez Hernandez.

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And counsel, just for a point of information, there is a recommendation of opposition from the Upper Holmesburg Civic Association, 21 to 3.

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I understand that.

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Okay. Okay. All right. Our vice chair has a few questions, sir.

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Good morning, counsel. Good morning, counsel. Do you agree with the reading of the refusal or stipulate towards accuracy?

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