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Hearing video

ZBA Hearing - December 11, 2024

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

I do.

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

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I believe my client actually directly submitted through the system ahead of time. Yes.

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Thank you, counsel. Please proceed and share your screen.

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Thank you.

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I'm going to share with the board what I have as exhibits.

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My apologies.

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One second.

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Sure.

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Take your time.

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Can the board see my exhibit on their screen?

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We can, sir.

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Thank you.

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So as a preliminary matter, we are aware, my client and I are both aware of the opposition

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from the Homensburg Association, Upper Homensburg Association.

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For today's purposes, what we're asking the board is we're withdrawing our request for

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the proposed two-family dwelling.

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There is a secondary refusal item, which is here on the refusal in front of you, and that

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is a proposed stair from the ground to the rear deck, leading from the deck to the rear yard.

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We're asking for the board's review of that particular refusal today, mainly for the purpose

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of allowing my client to have easier access to the rear yard from the property. So this is the

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property in question. This is the interior. The deck staircase in question is here.

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My client will be making changes to the property to remove the second kitchen that was installed

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to make sure that it complies with single family dwelling. However, the primary use of the property

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would then primarily be above the basement level, which you see here in the photograph on the right

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portion. And generally, they'll be coming out of the rear of the first floor to the deck.

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He primarily wants the ability to still be able to access directly to the rear yard,

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rather than having to come around the property to the basement level each time, and then having to

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come out the rear door in the basement level. So for the purpose of today, that is the variance

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that we're seeking before the board. The rear yard itself is completely fenced off with a legal fence.

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And the stairway itself, its presence will not negatively impact the neighbors.

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It is simply an access for the owner to be able to more easily access their own rear yard.

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So we would ask the board's favorable consideration in that aspect of the refusal only.

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Thank you.

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I have additional exhibits.

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Let me bring your client on.

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Sure.

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Marlon Donnie, can you raise your hand virtually to be identified?

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

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good morning my name is marlon donny valveris hernandez it's m-a-r-l-a-n-d-a-n-i

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be like victor a-l-l-a-d-a-r-e-z-h-e-r-n-a-n-d-e-z

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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, sir.

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Please proceed, counsel.

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Thank you.

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Manandani, did you see my presentation before the board and hear my representation?

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Yes.

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Can you verify what I've represented to the board is true and correct and adopt it as your own testimony?

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It is correct.

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Thank you.

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Questions from the board.

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Questions from the board. Is the current deck, was that approved?

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is the current

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The deck itself is within code and it's not an item of refusal, so it is approved.

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My question, there's no access to the rear yard from the basement level.

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no there is there is an access there's an there's an existing door um that would access the rear

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yard from the basement level however with the deck and the railing there um i can put up the

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picture again you can see that it's it's a very low you know even though the overall height is

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relatively high um the actual the actual railing for the deck makes it relatively low it's very

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easy to hit your head actually coming out from the door walking past that area i see and where's

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the do you have pictures of the door for the unfortunately i do not believe the door would

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actually be right under so it's actually under this window i have plans here that should be

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able to i wonder if the plans would have it i'm sorry i did not submit these exhibits so it's

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little understood so the the door is actually on the on the plants i've seen before it's actually

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right here under the deck okay so there is access to the rear yard from the property without having

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to walk around well the interior was um the interior doesn't actually now have a stair

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between the first floor and the basement level

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because they're on the interior.

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So they would actually have to walk outside,

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come around into where the garage used to be,

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and then access through to the back.

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So because that was its own separate unit,

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we're going to remove that as a unit

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and use it as essentially storage and garage,

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or at least storage.

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The garage no longer exists,

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But it would still be extremely inconvenient for the owner to come down through that floor-basement level to walk to the backyard.

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And that's because of the conversion of the property without having permits initially, correct?

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Yes.

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All right.

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Were the RCOs able to hear the amended plan removed for the single family?

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So the RCO, we actually explained to the RCO that, well, this was the original plan.

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We explained to the RCO that what we're looking for was the deck rail stairs, as well as two family.

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The RCO said that they're absolutely against the two family.

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And also, they did not, we had a neighbor up here, but they did not specifically address the stair as much.

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So no, the RCO did not get a separate meeting together for the deck, just the stairs.

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They wanted to just make a decision on the overall proposal at the time that the meeting took place.

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And also, we were not allowed to stay for the vote, so I'm not sure what the final discussion was at the RCO.

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is the current plan the same plan that the rco saw or were there further revisions made after

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that meeting no there was no revisions made after the meeting okay so this is exactly the same as

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what the rco saw the difference is that you're now proposing that it not be a conversion to

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to family, but you want to keep the deck and keep the storage dead.

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Correct.

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Other questions from the board?

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Questions from our attorney, Ryan McSherry.

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No, Mr. Chair.

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Questions or comments from the virtual audience?

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Yes, Chair.

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I have been handed by the name of Shakira A.

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They have been allowed to speak.

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Good morning.

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could you please state your name and spell for the court synopsis?

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Hi, my name is Shakira

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Avenue. My first name is

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S-H-A-K-E-A-R-A

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last name A, B as in

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Boyd, N as in Nancy, E as in

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Edward, why?

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Where are firm to tell the truth, told truth,

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nothing but the truth? Yes.

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Are you a neighbor?

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Yes. Please

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proceed.

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Please proceed.

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I'm a neighbor at address 1836 North Neutrona Street.

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Oh, no, this is, you have the wrong case. We're going to get to that a little bit later, okay?

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Oh, no, this is you have the wrong case.

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We're going to get to that a little bit later.

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Okay.

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All right. Anyone from there in the virtual audience for 8638 Jackson Street?

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I see no hands at this time, Chair.

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Planning Commission.

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Thank you, Chairman, and good morning, David Fecto, F-E-C-T-E-A-U, with the City Planning Commission.

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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, sir, I do.

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Please proceed.

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Thank you, sir. Chairman and board members, the comprehensive plan recommends no change to the RSA-5 residential single-family zoning at this location.

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The city changed the zoning maps in this neighborhood in 1971.

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At that time, the zoning of this property was zoned R-8, which became RM-1 residential multifamily, with the adoption of the new zoning code.

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The proposed stair from the ground to the deck will not injure the use of adjacent property.

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The City Planning Commission recommends that the board grant their proposed variants for exterior stairs leading to the deck.

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Thank you.

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Ryan, would this be, if I'm so inclined, a yes vote with a proviso, no two-family household living?

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Yes, that would be appropriate, Mr. Chair.

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So MI 2024, 004-768-8638 Jackson Street, I vote yes with proviso. No to family household living.

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Michael John, my vote is yes with proviso.

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Cheryl Gaston, my vote is no.

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Tanetta Graham, my vote is yes with proviso.

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Tywin, my vote is yes with proviso.

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Ishmael Shaheed, my vote is yes with proviso.

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Thank you.

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Number one, MI-2023.

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Excuse me, Chair.

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If we can go back to the one with the interpreter, she is here.

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Thank you very much.

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That's number 13.

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Good morning, interpreter.

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Owner is Otabek Mohameddav, is the owner.

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And our interpreter, please.

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Nasibir has been promoted to penalist.

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Morning, could you please state your name?

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It's spelled for the court stenographer.

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Of course.

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My name is Nasibir.

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N is in November.

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A is in Apple.

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S is in Sam

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I is in Ice

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B is in Boy

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A is in Apple

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My last name is

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Abdullayva

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A is in Apple

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B is in Boy

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D is in Diamond

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U is in Umbrella

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L is in Lion

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L is in Lion

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A is in Apple

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E is in Elephant

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V is in Victor

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A is in Apple

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You silently swear or affirm

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that you will interpret accurately, completely, and impartially

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from English to use it back

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and from use it back to English

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to the best of your ability.

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I do.

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Could you please call the owner

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of the property for us?

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It's Otabek Makamadov,

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if I'm saying it right,

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it's M-A-K-H-A-M-E-D-O-V.

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Could you please call that owner?

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Otabek Mohamedov.

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Is this your name, Otabek?

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He's here, but he's muted, I think.

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He what?

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Muted.

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He's here.

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He's amongst the two students.

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Tell him on mute, please.

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Yes, I'm here.

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I'm sorry.

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Thank you.

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Could you have him state his name

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and spell for the court stenographer, please?

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My first name is Otabek, O-T-A-B-E-K.

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My last name is Mahamedov, M-A-K-H-A-M-E-D-O-V.

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Could you please tell him,

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